Common use of Waiver of Claims; Indemnification Clause in Contracts

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees.

Waiver of Claims; Indemnification. To the extent not prohibited by law, law and excluding except to the extent caused by the negligence or willful misconduct of Landlord, Landlord or arising directly from a default of Landlord of its employees, agents, servants, contractors, or inviteesperformance of its obligations hereunder, Landlord and its Landlord’s partners, and their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due of to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of Tenant’s use and occupancy of the Premises or any common area pursuant to Section 4 hereof, or acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless defend Tenant from and against any and all liability to third parties damages, costs or liabilities arising out of any default by Landlord of its performance of its obligations hereunder, except to the acts extent caused by the negligence or willful misconduct of Landlord and Tenant or if at the time Tenant does not satisfy the ownership requirements described in Section 1(b) above, arising from a default of Tenant of either its servants, agents, employees, contractors, suppliers, workmen and inviteesmonetary or non-monetary obligations or performance hereunder. The provisions of this paragraph shall survive the expiration or termination of the Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, law and excluding except to the extent caused by the negligence or willful misconduct of Landlord, Landlord or arising directly from a default of Landlord of its employees, agents, servants, contractors, or inviteesperformance of its obligations hereunder, Landlord and its Landlord’s partners and their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due of to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of Tenant’s use and occupancy of the Premises or any common area pursuant to Section 4 hereof, or acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless defend Tenant from and against any and all liability to third parties damages, costs or liabilities arising out of any default by Landlord of its performance of its obligations hereunder, except to the acts extent caused by the negligence or willful misconduct of Landlord and Tenant or if at the time Tenant does not satisfy the ownership requirements described in Section 1(b) above, arising from a default of Tenant of either its servants, agents, employees, contractors, suppliers, workmen and inviteesmonetary or non-monetary obligations or performance hereunder. The provisions of this paragraph shall survive the expiration or termination of the Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding Except for the negligence or willful misconduct of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, fire water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the negligent acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Without limitation of any provisions thereof, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the negligent acts of the Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employeespartners, agentsits managing agent, servantsLandlord’s lessor, contractorsany mortgagee, or invitees, Landlord the MTA and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defenddefined, protect, indemnify and save harmless Landlord Landlord, Landlord’s lessor, any mortgagee and the MTA from and against all liability to third parties arising out which arose (or which were claimed to have arisen) within the Premises. Nothing contained herein shall, however, excuse landlord from its obligations regarding maintenance of the acts Building, as contrasted with Landlord being released from liability for personal or property damage arising from Landlord’s failure to maintain; nor shall this Paragraph relieve Landlord from liability for its negligence except as provided in Paragraph 12A or, but only to the extent liability therefor cannot be released as a matter of Tenant and law, the negligence of its servants, agents, employees, employees and contractors, suppliers, workmen and invitees; nor shall this Paragraph modify Landlord’s obligations with respect to failure of services pursuant to Xxxxxxxxx 0X of this Lease. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out which arose (or which is claimed to have arisen) outside of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and inviteesPremises.

Waiver of Claims; Indemnification. To the extent not prohibited by lawExcept as may otherwise be expressly provided in this Lease, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Tenant waives all claims against Landlord and its officers, agents, servants and employees shall not be liable the Landlord Related Parties for any damage either to person or any property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the BuildingProperty, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss of business or damage thereto income, and for injury to or theft thereof. Without limitation death of any other provisions thereofpersons, regardless of the cause of any such loss or event (including negligence) or time of occurrence. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant agrees to defendwill indemnify, protect, indemnify defend and save hold harmless Landlord and the Landlord Related Parties from and against all liability to third parties claims, losses, damages, causes of action, costs, expenses and liabilities, including, legal fees, arising out of Tenant’s occupancy of the acts Premises or presence on the Property, the conduct of Tenant’s business, any default by Tenant, and/or any act, omission or neglect (including violations of Law) of Tenant and or its servantsagents, agentscontractors, employees, contractors, suppliers, workmen licensees or invitees, successors or assigns (each a “Tenant Entity” and inviteescollectively, the “Tenant Entities”). This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save hold Tenant harmless Tenant from and against any and all liability claims, liabilities, losses, costs, damages, injuries or expenses, including reasonable attorneys’ and consultants’ fees and court costs, demands, causes of action, or judgments to third parties the extent arising out of or relating to the acts gross negligence or willful misconduct of Landlord and its servants, or Landlord’s agents, employeesemployees or invitees (subject to the provisions of Section 11.04) However, contractorsnotwithstanding anything to the contrary contained herein, suppliersLandlord shall in no event be liable for (I) injury to Tenant’s business or any loss of income or profit therefrom or for consequential damages or events of Force Majeure (as defined in Article 26), workmen and inviteesor (ii) sums up to the amount of insurance proceeds received by Tenant (or which would have been received by Tenant under any insurance coverage required to be maintained by Tenant hereunder) for any loss. The foregoing indemnity by Landlord shall also not be applicable to claims to the extent arising from the negligence or willful misconduct of Tenant or any Tenant Entity. The provisions of this Article 12 shall survive the expiration or earlier termination of this Lease.

Waiver of Claims; Indemnification. To A. Without limiting the extent not prohibited by lawgenerality of the waiver of claims contained in Paragraph 11.A. above, Tenant hereby waives all claims and excluding the negligence rights of Landlord, its employees, agents, servants, contractors, or invitees, recovery against Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly Landlord Indemnitees (but not exclusivelyhereinafter defined) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto to the Tenant’s property or theft thereofinterests (including business interruption), which loss is insured against, or required to be insured against, by the Tenant pursuant to Paragraph 8.B., regardless of fault or negligence and regardless of the amount of insurance proceeds collected or collectible under any insurance policies in effect, and the Tenant represents and warrants that all such policies permit such waiver and contain, and will contain, enforceable waiver of subrogation endorsements. Without limitation In addition, and without limiting the generality of Paragraph 11.A., the Tenant agrees in the event of any other provisions thereofloss or damage to the Tenant’s property or interests (including business interruption), the Tenant shall resort to the Tenant’s insurance coverage prior to asserting any claim or demand against Landlord, the Landlord Indemnitees or any of their respective assets. B. Tenant shall indemnify, defend and hold harmless Landlord, the property manager of the Property and their respective directors, officers, employees, agents and contractors (collectively, the “Landlord Indemnitees”) against any claims by any third party for injury to any person or damage to or loss of any property occurring in the Property and arising from any act or omission of Tenant or any of Tenant’s employees, agents or contractors. If any such proceeding is filed by a third party against Landlord or any such Landlord Indemnitee, Tenant agrees shall defend Landlord or such Landlord Indemnitee, or both, as the case may be, in such proceeding at Tenant’s sole cost by legal counsel reasonably satisfactory to defendLandlord and such Landlord Indemnitee, protect, if requested by Landlord. In no event shall the Tenant be obligated to indemnify and save harmless Landlord from and against all liability to third parties arising out or any of the Landlord Indemnitees for any willful or negligent acts or omissions of Landlord or any of the Landlord Indemnitees. C. Landlord shall indemnify, defend and hold harmless Tenant and its servantsdirectors, agentsofficers, employees, contractorsagents and contractors (collectively, suppliers, workmen the “Tenant Indemnitees”) against any claims by any third party for injury to any person or damage to or loss of any property occurring in the Property and invitees. This Section shall be reciprocal in effect between arising from any act or omission of Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out or any of the acts of Landlord and its servants, agents, Landlord’s employees, agents or contractors. If any such proceeding is filed by a third party against Tenant or any such Tenant Indemnitee, suppliersor both, workmen as the case may be, Landlord shall defend Tenant or such Tenant Indemnitee in such proceeding at Landlord’s sole cost by legal counsel reasonably satisfactory to Tenant and inviteessuch Tenant Indemnitee, if requested by Tenant. In no event shall the Landlord be obligated to indemnify Tenant or any of the Tenant Indemnitees for any willful or negligent acts or omissions of Tenant or any of the Tenant Indemnitees.

Waiver of Claims; Indemnification. To Landlord and the extent not prohibited by lawpartners in Landlord, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or for damage resulting from the loss of use thereof of property sustained by Tenant or by other persons due to the Land or the Building or any part thereof or any appurtenances thereof thereto becoming out of repair, or due to the happening or of any accident or event in or about the Land or the Building, including the Leased Premises, or due to any act or neglect of any tenant or occupant of the Land or the Building or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, or by noise, smoke or odors, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, Property shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties (including but not limited to the officers, agents, contractors, and business associates of Tenant) arising out of Tenant's use and occupancy of the Leased Premises or acts or omissions of Tenant (whether or not such acts or omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen suppliers workers and invitees. This Section shall be reciprocal in effect between Notwithstanding anything herein to the contrary, Landlord agrees to hold harmless and indemnify Tenant, its employees, agents and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant invitees from and against all liability for injuries to third parties persons or damage to property arising out from occurrences in or about the premises or building caused in whole or in part by the act, omission, or negligence of the acts of Landlord and Landlord, its servants, agents, employees, contractors, suppliers, workmen and employees or invitees.

Waiver of Claims; Indemnification. To Tenant agrees that, to the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its beneficiaries, officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, sprinklers and plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, Demised Premises or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, its beneficiaries, officers, agents, servants and employees of and from and against all liability to third parties arising out of the acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and or invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee Tenant agrees to defend, protect, indemnify and save the Landlord, its beneficiaries and their respective agents and employees harmless Tenant against any and all claims, demands, costs and expenses, including reasonable attorneys' fees for the defense thereof arising from and against all liability to third parties arising out Tenant's occupancy of the acts Demised Premises or from any breach or default on the part of Landlord and the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, servants, agentsemployees or invitees, employeesin or about the Demised Premises. In case of any action or proceedings brought against the Landlord, contractorsits beneficiaries or their respective agents or employees by reason of any such claim, suppliersupon notice from Landlord, workmen and inviteesTenant covenants to defend such action of proceeding by counsel reasonably satisfactory to Landlord.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of except for claims arising from Landlord's intentional or grossly negligent acts that are not covered by insurance, Landlord, its employeesbeneficiary, agents, servants, contractors, or invitees, Landlord the partners of its beneficiary and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building Building, including the Premises, or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, and except to the extent arising from the intentional or grossly negligent acts of Landlord that are not covered by insurance, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, its beneficiary, the partners of its beneficiary and their respective officers, agents, servants and employees from and against all liability to third parties (including but not limited to the officers, agents, contractors and business associates of Tenant) arising out of Tenant's use and occupancy of the Premises or the acts or omissions of Tenant (whether or not such acts or omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section shall be reciprocal in effect between Except to the extent arising from the intentional or grossly negligent acts of Tenant that are not covered by insurance, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of Landlord's use and occupancy of the acts common areas (exclusive of Landlord and its servants, agents, employees, contractors, suppliers, workmen and inviteesthe parking areas) in the Building.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof (including, without limitation, the Common Areas) or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the BuildingBuilding (including, without limitation, the Common Areas), or due to any act or any neglect of any tenant or occupant of the Building (including, without limitation, the Common Areas) or of any other personperson except due to the gross negligence or willful acts of Landlord, its employees or contractors. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereofthereof except due to the gross negligence or willful acts of Landlord, its employees or contractors. Without limitation of any other provisions thereofof this Lease, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties liability, claims, penalties, fines, judgments, loss, damage, cost or expense arising out of the gross negligence or willful acts of Tenant and Tenant, its servants, authorized agents, employees, employees and contractors, suppliers, workmen and invitees. This Section The terms of this paragraph shall be reciprocal in effect between Landlord and Tenant, and Landlord except survive the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out termination or expiration of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and inviteesthis Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employeespartners, agentsits managing agent, servantsLandlord's lessor, contractorsany mortgagee, or invitees, Landlord the MTA and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building Building, or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, 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 causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, Landlord's lessor, any mortgagee and the MTA from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises or out of the acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section shall be reciprocal in effect between Without limitation of any other provisions hereof, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises or out of the acts or omissions of Landlord and its servants, agents, employees, contractors, suppliers, workmen suppliers and inviteesworkers.