Common use of Responsibility of Tenant Clause in Contracts

Responsibility of Tenant. Landlord shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of Tenant and Landlord) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of Landlord, its agents, servants, or employees. Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process pleading or notice issued in any suit or other proceeding to assert to enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Lease.

Responsibility of Tenant. (a) Without limiting the generality of the foregoing subparagraph 7.01 (b), Tenant agrees to repair and maintain in good order and condition the non-structural interior portion of the leased premises, including store fronts, show windows, doors, windows, plate and window glass. (b) Tenant will not install any equipment which exceeds the capacity of the utility lines leading into the leased premises of the building of which the leased premises constitute a portion. (c) Tenant, its employees, or agents, shall not mxxx, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or ironwork without Landlord’s written consent. (d) Tenant shall comply with the requirements of all laws, orders, ordinances and regulations of all governmental authorities and will not permit any waste of property to be done and will take good care of the leased premises at all times. (e) If Tenant refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandize, fixtures, or other property, or to Tenant’s business by reason thereof and upon completion thereof, Tenant shall pay Landlord’s cost for making such repairs, plus twenty percent (20%) for overhead, upon presentation of bxxx therefor, as additional rent, said bxxx shall include interest at eighteen percent (18%) per annum or said cost from the date of completion of repairs by Landlord. In the event Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this lease, the responsibility of Tenant, Tenant shall pay Landlord’s cost therefor plus overhead and interest as above provided in this section together with the monthly rents payment next due. (f) Landlord reserves the right to enter the leased premises and to make such repairs and to do such work on or about said premises as Landlord may deem desirable, necessary or proper or that Landlord may be lawfully required to make. Landlord reserves the right to visit and inspect said premises at all reasonable times and show same to prospective tenants, purchasers or mortgagors; provided, however, that Landlord shall use all commercially reasonable efforts to minimize any disruption to Tenant’s business or use and occupancy of the leased premises occasioned thereby. (g) Neither Landlord nor Landlord’s agent or servants shall be liable for any damages caused by or growing out of any breakage, leakage, getting out of order or defective condition of electric wiring, air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment, or other facilities serving the leased premises. Neither Landlord nor Landlord’s agents or servants shall be liable for any damages caused by, or growing out of any defect in the building or any part thereof, or in said leased premises or in any part thereof, or caused by, or growing out of, fire, rain, wind or other cause other than any damages conclusively determined to have been caused by Landlord’s gross negligence or willful misconduct. (h) All property belonging to Tenant or any occupant of leased premises are there at the risk of Tenant or such other person only, and Landlord shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility liable for any personal damages thereto or bodily injury theft or death of any persons misappropriation thereof. (including employees of Tenant and Landlordi) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of Landlord, its agents, servants, or employees. Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant shall defend, indemnify at its own expense perform all janitorial and hold harmless Landlord from cleaning services within the premises and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs sidewalk or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs area immediately adjacent thereto unless due solely to the negligence of Landlordleased premises in order to keep same in a neat, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property clean and shall promptly deliver to the Tenant the original or a true copy of any summons or other process pleading or notice issued in any suit or other proceeding to assert to enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Leaseorderly condition.

Responsibility of Tenant. At all times during the Term, Tenant will carry and maintain, at Tenant's expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (1) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. All such insurance will be on an occurrence ISO commercial general liability form including without limitation, personal injury and contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in Articles 31 and 54 of this Lease. Such insurance shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death include waiver of any persons (including employees subrogation rights in· favor of Tenant Landlord and Landlord's management company, if any; (2) Insurance covering all of Tenant's furniture and damagefixtures, destructionmachinery, or loss of use of equipment, stock and any propertyother personal property owned and used in Tenant's business and found in, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised PremisesPremises or elsewhere on the Project, hallwaysand any leasehold improvements to the Premises in excess of any initial build- out of the Premises by the Landlord, entrancewaysin an amount not less than the full replacement cost. Property forms will provide coverage on an open perils basis insuring against "all risks of direct physical loss." All policy proceeds will be used for the repair or replacement of the property damaged or destroyed, stairs or however, if this Lease ceases under the provisions of Articles 26 and 35 hereof, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery and equipment, stock and any other common areas personal property; (exterior or interior)3) Worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the worker's compensation laws of the State of Colorado, elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work employer's liability insurance in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence limit of Landlord, its agents, servants, or employees$2,000,000 aggregate. Tenant is subrogated to any Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord's management company, if any; (4) If applicable, business auto liability which insures against any other parties in connection therewith. Tenant shall defend, indemnify bodily injury and hold harmless Landlord from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) property damage claims arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erectionownership, maintenance, useor use “of any auto." A minimum of a $1,000,000 combined single limit per accident shall apply; (5) Umbrella excess liability insurance, operationon an occurrence basis, existence or occupation that applies excess of required commercial general liability, business auto liability, and employer’ liability policies, which insures against bodily injury, property damage, personal injury, and advertising injury claims with limits of not less than (i) $1,000,000 per occurrence, and (ii) $1,000,000 for the annual aggregate. These limits shall be in addition to and not including those stated for underlying commercial general liability, business auto liability insurance. Such policy shall name Landlord, Landlord's asset manager, including each of the Demised Premisesforegoing entities' trustees, hallwaysofficers, entrancewaysagents, stairs or any other common areas and employees (exterior or interiorhereinafter "Landlord's Representatives"), elevatorsand any Landlord's mortgagees, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process pleading or notice issued in any suit or other proceeding to assert to enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Lease.all as additional insureds;

Responsibility of Tenant. Landlord Tenant shall not in any event be responsibleindemnify, defend and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of Tenant and Landlord) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of hold harmless Landlord, its agents, servantspartners, and employees from and against any and all claims for damage to the person or property of any person or entity, including loss of life, bodily or personal injury or property damage, arising from Tenant’s use or occupancy of the Demised Premises, or employees. from the conduct of Tenant’s business or from any activity, work or things done or permitted by Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant or about the Demised Premises and shall defendfurther indemnify, indemnify defend and hold harmless Landlord from and against any and all claims, demandscosts and expenses arising from any breach or default in the performance of any obligation of Tenant to be performed under the terms of this Lease, suits, damages, liability and costs (including counsel fees and expenses) or arising out of from Tenant’s acts or in any manner connected with any act or omission, negligent or otherwise of Tenant, third personsomissions, or any of their Tenant’s agents, servants contractors, employees, or employees which arise out of or are in any way connected with the erectioninvitees, maintenanceand from and against all costs, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking expenses and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of liabilities incurred by Landlord, its agents, servants partners and employees as the result of any such use, conduct, activity, default or negligence. In case any action or proceeding is brought against Landlord, its agents, partners and employees, Tenant shall defend Landlord, and its agents, partners and employees at Tenant’s expense Landlord shall cooperate with Tenant in such defense. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to indemnify Landlord from any negligent acts or omissions or willful misconduct by Landlord or its agents, partners and employees. The provisions of this Section shall survive the expiration or termination of this Lease with respect to any damage, injury, or death occurring before such expiration or termination. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process process, pleading or notice issued in any suit or other proceeding to assert to or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Lease.

Responsibility of Tenant. Landlord shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons person (including employees of Tenant and Landlord) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of Landlord, its agents, servants, or employees. Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant shall defend, indemnify and hold harmless Landlord and its officers, directors, partners, members, agents, servants and employees from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants servants, employees or employees invitees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process process, pleading or notice issued in any suit or other proceeding to assert to or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord its officers, directors, partners, members, agents, servants and employees from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Lease.

Responsibility of Tenant. Landlord shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of Tenant and Landlord) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of Landlord, its agents, servants, or employees. Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property party and shall promptly deliver to the Tenant the original or a true copy of any summons or other process process, pleading or notice issued issues in any suit or other proceeding to or assert to or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or of nonperformance by Tenant of any covenant, term or provision of this Lease.

Responsibility of Tenant. Landlord shall not in any event be ------------------------ responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of Tenant and Landlord) and damage, destruction, or loss of use of any property, including the Demised Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto including those resulting from any work in connection with any alterations, changes, new construction or demolition, except if same results solely from the negligence of Landlord, its agents, servants, or employees. Tenant is subrogated to any rights of Landlord against any other parties in connection therewith. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the Demised Premises, hallways, entranceways, stairs or any other common areas (exterior or interior), elevators, hoists, streets, driveways, parking and loading areas, alleys, lawns, sidewalks and curbs adjacent thereto unless due solely to the negligence of Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process process, pleading or notice issued in any suit or other proceeding to assert to or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. Tenant further shall defend, indemnify and hold harmless Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provision of this Lease.