Common use of Waiver of Certain Claims Indemnity by Tenant Clause in Contracts

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to the extent of Landlord’s willful misconduct or negligence, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Landlord and other Indemnified Parties (as hereinafter defined) shall not in any event whatsoever be liable for any injury or damage to Tenant or to any other Person happening in, on or about the Premises and its appurtenances, nor for any injury or damage to the Premises or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse of the Building (including, but not limited to, any of the common areas within the Building, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoever. (b) Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, defect, unavailability or unsuitability in the supply or character of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, or unsuitability shall relieve Tenant from any of its obligations under the Lease.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligence, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, not expressly pros releases Landlord and its beneficiaries, and the employees, from and waives all claims for damage sustained by the Tenant or by any occupant Building, or by any other Indemnified Parties person, resulting dire fire or other casualty, cause, or any existing defect, matter, or thing in or about the Premise part of it, or from any equipment or appurtenant accident in or about the Building, or from any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14 (as hereinafter defineda) shall not in operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any event whatsoever be liable for any injury or damage to Tenant automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, or from any other Person happening inthing or circumstance, on whether of a like nature or about the Premises and its appurtenances, nor for of a wholly different nature. If any injury or damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all personal property belonging to the Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse occupant of the Premises that is in the Building (including, but not limited to, any or the Premises shall be there at the risk of the common areas within Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways Landlord assumes no responsibility for any damage to or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoeverloss of vehicles. (b) To the extent not expressly prohibited by law, Tenant agrees to hold Landlord shall and its beneficiaries, and their agents, servants, and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for injuries to all persons and damage to or theft or misappropriation or loss of property occurring in no way or about the Premises arising from Tenant's negligence or wrongful acts or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be liable performed pursuant to the terms of this Lease or responsible for due to any lossother act or omission of the Tenant, damageits agents, or expense that employees. (c) To the extent not expressly prohibited by law, Landlord agrees to hold Tenant may sustain and its agents, servants and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorney's fees, for injuries to all persons and damage to or incur by reason loss of any change, failure, interference, disruption, defect, unavailability property occurring in or unsuitability in the supply or character of the energy furnished to about the Premises, and no such changeexcluding consequential damages, failure, interference disruption, defect, unavailability, arising from Landlord's negligence or unsuitability shall relieve Tenant wrongful acts or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease or due to any other negligent act or omission of the Landlord, its obligations under the Leaseagents or employees.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligencenot expressly prohibited by law, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Tenant releases Landlord and its beneficiaries, and their agents, servants, and employees, from and waives all claims for damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other Indemnified Parties person, resulting directly or indirectly from fire or other casualty, cause, or any existing or future condition, defect, matter, or thing in or about the Premises, the Building or any part of it, or from any equipment or appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14 (as hereinafter defineda) shall not in operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any event whatsoever be liable for any injury or damage to Tenant automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts' specifically enumerated above, or from any other Person happening inthing or circumstance, on whether of alike nature or about the Premises and its appurtenances, nor for of a wholly different nature. If any injury or damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein all personal property belonging to the Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse occupant of the Premises that is in the Building (including, but not limited to, any or the Premises shall be there at the risk of the common areas within Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways Landlord assumes no responsibility for any damage to or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoeverloss of vehicles. (b) To the extent not expressly prohibited by law, Tenant agrees to hold Landlord shall and its beneficiaries, and their agents, servants, and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for injuries to all persons and damage to or theft or misappropriation or loss of property occurring in no way or about the Premises arising from Tenant's negligence or wrongful acts or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be liable performed pursuant to the terms of this Lease or responsible for due to any lossother act or omission of the Tenant, damageits agents, or expense that employees. (c) To the extent not expressly prohibited by law, Landlord agrees to hold Tenant may sustain and its agents, servants and employees harmless and to indemnify each of them against claims and liabilities, including reasonable attorney's fees, for injuries to all persons and damage to or incur by reason loss of any change, failure, interference, disruption, defect, unavailability property occurring in or unsuitability in the supply or character of the energy furnished to about the Premises, and no such changeexcluding consequential damages, failure, interference disruption, defect, unavailability, arising from Landlord's negligence or unsuitability shall relieve Tenant wrongful acts or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease or due to any other negligent act or omission of the Landlord, its obligations under the Leaseagents or employees.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligence, but in all events, subject to the waiver of claims and subrogation set forth in this Leasenot expressly prohibited by law, Landlord and other Indemnified Parties (as hereinafter defined) shall not in Tenant each releases and waives any event whatsoever be liable for any injury or damage and all claims for, and rights to Tenant or to any other Person happening inrecover, on or about damages against and from the Premises and its appurtenances, nor for any injury or damage to the Premises or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse of the Building (including, but not limited to, any of the common areas within the Buildingother, and the other improvementsother's respective agents, equipment serving partners, shareholders, officers, directors (and, in the Buildingcase of claims. by Tenant, elevatorsany trustee ("Trustee") holding legal title to the Real Property if same is held in trust) and employees (collectively, hatchesthe "Released Parties"), openingsfor loss, installationsdamage or destruction to any of its property (including the Premises, stairwaysthe Building and their contents), hallways or other common facilities) or the streets or sidewalk area within the Premises elements of which are insured against or which may arise from would have been insured against had such party suffering such loss, damage or destruction maintained the property or physical damage insurance policies required under Section 20 hereof. In no event shall this clause be deemed, construed or asserted (i) to affect or limit any claims or rights against any Released Parties other cause whatsoeverthan the right to recover damages for loss, damage or destruction to property, or (ii) to benefit any third party other than the Released Parties. (b) To the extent not expressly prohibited by law, Tenant (the "Indemnitor") agrees to hold harmless and indemnify Landlord shall in no way and Landlord's agents, partners, shareholders, officers, directors, Trustee, and employees (collectively, the "Indemnitees") from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Indemnitees, including reasonable attorney's fees and expenses, for death or injury that may arise from or be liable caused directly or responsible for indirectly by any lossnegligent act of omission or commission of any willful misconduct of the Indemnitor or any of the Indemnitor's respective agents, damagepartners, or expense that Tenant may sustain employees. Such third parties shall not be deemed third party beneficiaries of this agreement. In case any action, suit or incur proceeding is brought against any of the Indemnitees by reason of any changesuch act of the Indemnitor or any of the Indemnitor's respective agents, failurepartners or employees, interferencethen the Indemnitor will, disruptionat the Indemnitor's expense and at the option of said Indemnitees, defectby counsel approved by said Indemnitees, unavailability resist and defend such action, suit or unsuitability proceeding. (c) Subject to the provisions of Section 13(a) to the extent permitted by law, no agreement of Tenant in this Section 13 shall be deemed to exempt Landlord from liability or damages for injury to persons or damage to propen3, caused by or resulting from the willful negligence Of Landlord, its agents, servants or employees. in the supply operation or character maintenance of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, Premises or unsuitability shall relieve Tenant from any of its obligations under the LeaseBuilding.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) with respect to matters which result from the negligence of Landlord and its beneficiaries, and their employees and agents, Tenant releases Landlord and its beneficiaries, and their respective officers, directors, agents, servants and employees, in respect of and they shall not be liable for injury to person or damage to property sustained by the Tenant or by any occupant of the Premises or the Property, or by any other person, occurring in or about the Property resulting directly or indirectly from fire or other casualty, cause or any existing or future condition, defect, matter or thing in or about the Premises, the Property or any part of it, or from any equipment or appurtenance therein, or from any accident in or about the Property, or from any occurrence, act, negligence or omission of any tenant or other occupant of the Property or any part thereof or of any other person. This Section 16 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and shall apply equally whether any such damage results from the act or omission of other tenants, occupants or servants of the Property or of any other person and whether such damage was due to any of the acts specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the Property or any equipment or an appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Property, or to the extent tenants thereof, results from any act or omission or negligence of Landlord’s willful misconduct Tenant, its employees, agents or negligenceinvitees, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Landlord and other Indemnified Parties (as hereinafter defined) Tenant shall not in any event whatsoever be liable therefor and Landlord may at its option repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for any injury all costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. All personal property belonging to its agents, employees or damage invitees, or to Tenant or to any occupant of the Premises, shall be there at the risk of the Tenant or other Person happening inperson only, on and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. Except with respect to matters which result from the negligence of Landlord and its beneficiaries and their employees and agents, Tenant agrees to protect, defend and hold Landlord and its beneficiaries, and their agents, servants and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for injuries to all persons and damage to or about the Premises and its appurtenances, nor for any injury or damage to arising from Tenant's occupancy of the Premises or to the conduct of its business or from any property belonging to activity, work, or thing done, permitted or suffered by Tenant in or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse of the Building (including, but not limited to, any of the common areas within the Building, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways or other common facilities) or the streets or sidewalk area within about the Premises or which may arise from any other cause whatsoever. (b) Landlord shall breach or default on the part of Tenant in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason the performance of any change, failure, interference, disruption, defect, unavailability covenant or unsuitability in agreement on the supply part of Tenant to be performed pursuant to the terms of this Lease or character due to any other act or omission of the energy furnished to the PremisesTenant, and no such change, failure, interference disruption, defect, unavailability, its agents or unsuitability shall relieve Tenant from any of its obligations under the Leaseemployees or invitees.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligence, but in all events, subject to the waiver of claims and subrogation set forth in this Leasenot expressly prohibited by law, Landlord and other Indemnified Parties (as hereinafter defined) shall not in Tenant each releases and waives any event whatsoever be liable for any injury or damage and all claims for, and rights to Tenant or to any other Person happening inrecover, on or about damages against and from the Premises and its appurtenances, nor for any injury or damage to the Premises or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse of the Building (including, but not limited to, any of the common areas within the Buildingother, and the other improvementsother’s respective agents, equipment serving partners, shareholders, officers, directors (and, in the Buildingcase of claims by Tenant, elevatorsany trustee (“Trustee”) holding legal title to the Real Property if same is held in trust) and employees (collectively, hatchesthe “Released Parties”), openingsfor loss, installationsdamage or destruction to any of its property (including the Premises, stairwaysthe Building and their contents), hallways or other common facilities) or the streets or sidewalk area within the Premises elements of which are insured against or which may arise from would have been insured against had such party suffering such loss, damage or destruction maintained the property or physical damage insurance policies required under Section 20 hereof. In no event shall this clause be deemed, construed or asserted (i) to affect or limit any claims or rights against any Released Parties other cause whatsoeverthan the right to recover damages for loss, damage or destruction to property, or (ii) to benefit any third party other than the Released Parties. (b) To the extent not expressly prohibited by law, Tenant agrees to hold harmless and indemnify the Landlord shall in no way and the Landlord’s agents, partners, shareholders, officers, directors, Trustee, and employees (collectively, the “Landlord Indemnitees”) from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Landlord Indemnitees, including reasonable attorney’s fees and expenses, for death or injury that may arise from or be liable caused directly or responsible for indirectly by any lossnegligent act of omission or commission of any willful misconduct of Tenant or any of Tenant’s agents, damagepartners, or expense that employees or any default by Tenant may sustain under this Lease. Such third parties shall not be deemed third party beneficiaries of this agreement. In case any action, suit or incur proceeding is brought against any of the Landlord Indemnitees by reason of any changesuch act of the Tenant or any of Tenant’s agents, failurepartners or employees, interferencethen the Tenant will, disruptionat the Tenant’s expense and at the option of said Landlord Indemnitees, defectby counsel reasonably approved by Landlord, unavailability resist and defend such action, suit or unsuitability proceeding. To the extent not expressly prohibited by law, Landlord agrees to hold harmless and indemnify the Tenant and Tenant’s agents, partners, shareholders, officers, directors, Trustee, and employees (collectively, the “Tenant Indemnitees”) from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Tenant indemnitees. including reasonable attorney’s fees and expenses, for death or injury that may arise from or be caused directly or indirectly by any negligent act of omission or commission of any willful misconduct of the Landlord or any of Landlord’s respective agents, partners, or employees or any default by Landlord under this Lease. Such third parties shall not be deemed third party beneficiaries of this agreement. In case any action, suit or proceeding is brought against any of the Tenant Indemnitees by reason of any such act of the Landlord or any of Landlord’s agents, partners or employees, then the Landlord will, at Landlord’s expense and at the option of said Tenant Indemnitees, by counsel reasonably approved by Tenant, resist and defend such action, suit or proceeding. (c) Subject to the provisions of Section 13(a) to the extent permitted by law, no agreement of Tenant in this Section 13 shall be deemed to exempt Landlord from liability or damages for injury to persons or damage to property caused by or resulting from the willful negligence of Landlord, its agents, servants or employees, in the supply operation or character maintenance of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, Premises or unsuitability shall relieve Tenant from any of its obligations under the LeaseBuilding.

Waiver of Certain Claims Indemnity by Tenant. (a) Except To the extent permitted by law at the time that any subsequent claim is brought, Tenant releases Landlord, its beneficiaries, the managing agent of the Real Property, and their respective officers, directors, agents, partners and employees, from and waives all claims for damages to person or property sustained by Tenant or by any occupant of the Premises or the Building, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Premises, the Building or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person, provided that the foregoing is not due, in whole or in part, to Landlord's negligence or willful misconduct. Said release and waiver shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odor or noise, or the bursting or leaking of any pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devises or equipment, or the flooding of basements, and shall apply without distinction as otherwise required under applicable government law (“Law”) to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the Building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the extent Building, results directly from any intentional act or neglect of Landlord’s willful misconduct or negligence, but in all eventsTenant, subject to the waiver of claims and subrogation provisions set forth in this Leaseparagraph 21 hereof, Landlord and other Indemnified Parties (as hereinafter defined) its employees, agents, licensees, invitees or contractors, Tenant shall not in any event whatsoever be liable therefor and Landlord may at its option repair such damage and Tenant shall upon demand by Landlord reimburse Landlord, such reimbursement being paid as Additional Rent, for any injury or damage all reasonable direct and actual costs of such repairs and damages in excess of amounts, if any, paid to Tenant or to any other Person happening in, on or about the Premises and its appurtenances, nor for any injury or damage to the Premises or to any Landlord under insurance covering such damages. All personal property belonging to Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse occupant of the Premises that is in the Building (including, but not limited to, any or the Premises shall be there at the risk of the common areas within the BuildingTenant or other person only, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways Landlord shall not be liable for damage thereto or other common facilities) theft or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoevermisappropriation thereof. (b) Landlord shall in no way be liable or responsible for any Tenant agrees to indemnify and hold Landlord, its beneficiary, the managing agent of the Real Property, and their respective officers, directors, agents, partners and employees harmless against all ACTUAL AND DIRECT loss, damagedamages, liabilities, claims, liens, cost and expenses, including without limitation reasonable attorney's fees, in connection with injuries to any persons or expense that Tenant may sustain damage to or incur by reason theft or misappropriation or loss of any change, failure, interference, disruption, defect, unavailability property occurring in or unsuitability in about the supply or character Premises arising from Tenant's occupancy of the energy furnished to the Premises, and no such changeor the conduct of its business or from any activity, failure, interference disruption, defect, unavailabilitywork, or unsuitability shall relieve thing done, permitted or suffered by Tenant in or about the Premises, including but not limited to any repairs, installations, alterations or additions undertaken, for any reason, by Landlord or Tenant, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of Tenant, or any of its obligations under employees, agents, licensees, invitees or contractors, provided none of the Leaseforegoing are due, in whole or in part, to Landlord's negligence or willful misconduct.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligencenot expressly prohibited by law, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Tenant releases Landlord and its beneficiaries, and their agents, servants, and employees, from and waives all claims for damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other Indemnified Parties (as hereinafter definedperson, resulting directly or indirectly from fire or other casualty, cause, or any existing or future condition, defect, matter, or thing in or about the Premises, the Building or any part of it, or from any equipment or appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14(a) shall not in operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any event whatsoever be liable for any injury or damage to Tenant automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, or from any other Person happening inthing or circumstance, on whether of a like nature or about the Premises and its appurtenances, nor for of a wholly different nature. If any injury or damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. All personal property belonging to the Tenant or any other Person which may be caused by any fire or breakage or by any other cause whatsoever or by the use, misuse or abuse occupant of the Premises that is in the Building (including, but not limited to, any or the Premises shall be there at the risk of the common areas within Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways Landlord assumes no responsibility for any damage to or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoeverloss of vehicles. (b) To the extent not expressly prohibited by law, Tenant agrees to hold Landlord shall and its beneficiaries, and their agents, servants, and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for injuries to all persons and damage to or theft or misappropriation or loss of property occurring in no way or about the Premises arising from Tenant's negligence or wrongful acts or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be liable performed pursuant to the terms of this Lease or responsible for due to any lossother act or omission of the Tenant, damageits agents, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, defect, unavailability or unsuitability in the supply or character of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, or unsuitability shall relieve Tenant from any of its obligations under the Leaseemployees.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligencepermitted by law, but in Tenant waives all events, subject to the waiver of claims and subrogation set forth in this Lease, it may have against Landlord and other Indemnified Parties its members, managers, officers, agents, and employees, beneficiaries, and their agents, servants, and employees (as hereinafter definedcollectively, the "Landlord Parties") shall not in any event whatsoever be liable for any injury loss or damage to business or property sustained by Tenant or to any occupant or other Person happening in, on or about person resulting from the Premises and its appurtenances, nor for or the Real Property or any injury part of said Premises or damage Real Property becoming out of repair or resulting from any accident within or adjacent to the Premises or Real Property or resulting directly or indirectly from any act or omission of Landlord or any occupant of the Premises or Real Property or any other person while on the Premises or the Real Property, regardless of cause or origin and regardless of whether the negligence of Landlord caused such loss in whole or in part, except that in respect of loss or damage to property, such waiver will be limited to the extent such claim is or would be covered by any insurance that Tenant is required to carry under Section 21(b)(i) to carry. The waiver in this grammatical paragraph will also apply as to the amount of any deductible, self-insured retention or self-insurance under Tenant's insurance. Particularly, but not in limitation of the foregoing sentence, all property belonging to Tenant or any occupant of the Premises that is in the Real Property or the Premises will be there at the risk of Tenant or other Person person only, and Landlord or its agents or employees will not be liable for loss or damage to or theft of or misappropriation of such property, nor for any loss or damage to property or business resulting from fire, explosion, flooding of basements or other subsurface areas, falling plaster, steam, gas, electricity, snow, water or rain which may be caused by leak from any fire part of the Real Property or breakage from the pipes, appliances or by plumbing works therein or from the roof, street or subsurface or from any other cause whatsoever place or by the use, misuse resulting from dampness or abuse of the Building (including, but not limited to, any of the common areas within the Building, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoever, nor for any latent defect in the Premises or in the Real Property, except that in respect of property loss or damage such waiver will be limited to the extent that such claim is or would be covered by any insurance that Tenant is required under Section 21(b)(i) to carry. Tenant will give prompt notice to Landlord in case of fire or accidents in the Premises or in the Real Property or of defects therein or in the fixtures or equipment. Additionally, Tenant waives any claim it may have against Landlord for any loss, claim, damage, or injury, to the extent is caused by a terrorist act. All personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only and Landlord shall not be liable for loss or damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles. To the extent permitted by law, Landlord waives all claims it may have against Tenant, its agents or employees for damage to the Real Property resulting directly or indirectly from any act or omission of Tenant, to the extent that such claim is covered by any property insurance which Landlord is required under Section 21(e) to carry on the Building. Landlord will include in any property insurance policy which Landlord may carry on the Building, to the extent permitted by law, a waiver of subrogation against Tenant. Tenant acknowledges that Landlord shall not carry insurance on, and shall not be responsible for damage to, or loss or theft of, any property of any Tenant Party located in or about the Real Property. (b) Subject to the waivers set forth in this Section 14, and to the extent not expressly prohibited by law, Tenant agrees to hold the Landlord shall Parties harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for injuries to all persons and damage to or theft or misappropriation or loss of property occurring in or about the Premises arising from Tenant's negligence or wrongful acts or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease or due to any other act or omission of the Tenant, its agents, or employees. (c) Notwithstanding any provision in this Lease to the contrary, in no way event shall either party hereto be liable to the other under this Lease for lost profits, lost savings, punitive, exemplary or responsible for any lossother consequential, damage, special or expense indirect damages; provided that Tenant may sustain or incur (i) the foregoing shall not be deemed to be a waiver by reason either party of any change, failure, interference, disruption, defect, unavailability right such party may have pursuant to the terms of this Lease to be indemnified or unsuitability in held harmless by the supply or character other party from and against any of the energy furnished foregoing losses or damages to the Premisesextent that such losses or damages are part of a claim of a third party from or against which such party is so entitled hereunder to be indemnified or held harmless, and no such change, failure, interference disruption, defect, unavailability, (ii) the foregoing will not limit the consequential damages recoverable by Landlord pursuant to Section 10 (Holding Over) or unsuitability shall relieve Tenant from any Section 17(e). The waivers and indemnities under this Section 14 will survive the expiration or earlier termination of its obligations under the this Lease.

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of Landlord’s willful misconduct or negligencenot expressly prohibited by law, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Tenant releases Landlord and its beneficiaries, and their agents, servants, and employees, from and waives all claims for damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other Indemnified Parties person, resulting directly or indirectly from (as hereinafter defineda) shall not in operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any event whatsoever be liable for any injury or damage to Tenant automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, or from any other Person happening inthing or circumstance, on whether of a like nature or about the Premises and its appurtenances, nor for of a wholly different nature. If any injury or damage to the Premises or to the building or any property equipment or appurtenance therein, whether belonging to Tenant Landlord or any to other Person which may be caused by any fire tenants or breakage or by any other cause whatsoever or by the use, misuse or abuse occupants of the Building (includingor otherwise, but not limited to, results from any negligent or wrongful acts of the common areas within the BuildingTenant, and the other improvementsits employees, equipment serving the Buildingagents, elevatorsor invitees, hatches, openings, installations, stairways, hallways or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoever. (b) Landlord Tenant shall in no way be liable or responsible therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for any lossall reasonable costs of such repairs and damages in excess of amounts, damageif any, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, defect, unavailability or unsuitability paid to Landlord under insurance covering such damages except as provided in the supply or character of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, or unsuitability shall relieve Tenant from any of its obligations under the Lease.Section 19(a)

Waiver of Certain Claims Indemnity by Tenant. (a) Except as otherwise required under applicable government law (“Law”) or to To the extent of not expressly prohibited by law, Tenant releases Landlord’s willful misconduct , and its partners, members, shareholders, officers, directors, agents, servants and employees, from, and waives all claims as against such persons for, damages to person or negligence, but in all events, subject to the waiver of claims and subrogation set forth in this Lease, Landlord and other Indemnified Parties (as hereinafter defined) shall not in any event whatsoever be liable for any injury or damage to property sustained by Tenant or to by any occupant of the Premises or by any other Person happening inperson, on resulting directly or indirectly from fire or other casualty, or any existing or future condition, defect, matter or thing in or about the Premises or any part of it, or from any equipment or appurtenance therein, or from any accident in or about the Premises, or from any act or neglect of any tenant or other occupant of the Premises or any part thereof or of any other person, including Landlord's agents and servants. This Section 15.1 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and shall apply whether the damage was due to any of the acts specifically enumerated above or from any other thing or circumstance, whether of a like nature or of a wholly different nature. Further, in no event shall Landlord nor any partner, member, shareholder, director, officer, agent, servant or employee of Landlord be liable to Tenant or any of its appurtenances, nor for subtenants or any injury or damage to occupant of the Premises or to any property belonging other person for any indirect, consequential or punitive damages, including loss of profits. Nothing contained in this Lease shall relieve Landlord of liability for actual damages incurred by Tenant to Tenant or any other Person which may be the extent caused by the negligence or willful misconduct of Landlord or its employees, officers or agents (other than any fire or breakage or liability that has been waived by any other cause whatsoever or by the use, misuse or abuse Tenant pursuant to its waiver of the Building (including, but not limited to, any of the common areas within the Building, and the other improvements, equipment serving the Building, elevators, hatches, openings, installations, stairways, hallways or other common facilities) or the streets or sidewalk area within the Premises or which may arise from any other cause whatsoeversubrogation set forth in Section 22.1). (b) Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, defect, unavailability or unsuitability in the supply or character of the energy furnished to the Premises, and no such change, failure, interference disruption, defect, unavailability, or unsuitability shall relieve Tenant from any of its obligations under the Lease.