|
23. EXF,MeIQN. pF,,,_AARQ(ORD FROM UAB LMI LANDLORD shall not be liable for Injury or
<br />damage to the person or goods, wares, merchandise or other property of TENANT, TENANTS
<br />employees, contractors; invitees, customers or any other person In or about the Premises, whether such
<br />damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the
<br />breakage, leakage, obstructionor other defects of pipes, fire sprinklers, wires, appliances, plumbing,
<br />HVAC or lighting fixtures, or from any other cause, whether the said Injury or damage results from
<br />conditions arising upon the Premises or upon other portions of LANDLORDS"s property, or from other
<br />sources or places, LANDLORD shall not be liable for any damages arising from any actor neglect of any
<br />other tenant of LANDLORD nor from the failure of LANDLORD to enforce the provisions of any other
<br />lease on the property. Notwithstanding LANDLORD's negligence or breach of this Lease, LANDLORD
<br />shall under no circumstances be liable for Injury to TENANT's business or for any loss of income or profit
<br />therefrom.
<br />LANDLORD shall not be liable to anyone for, nor shall TENANTS obligations under this Lease be
<br />reduced because of, loss or damage caused in any way by the use, leakage, seepage,flooding or escape
<br />of water or sewage in any form or from any souma, by the interruption or ceasation of any service
<br />rendered customarily to the Premises or building or agreed to by the torms of this Lease, by any accident,
<br />the making of repairs, alterations or improvements, labor difficulties, weather conditions, mechanical
<br />breakdowns, trouble or scarcity In obtaining fuel, electricity, service or supplies from the sources from
<br />which they are usually obtained, by any change in any ublity or service. provider, or by any cause beyond
<br />LANDLORD's immediate control
<br />24. RESUMPTION OF RtSI AND INDEMNITY,. TENANT assumes all risk of loss to itself, which in
<br />any manner may arise out of the use of the Premises under this Lease, Further, without iinihing any other
<br />obligations of Indemnity on TENANTS part under this Lease, TENANT, Its successors and assigns, shat]
<br />Indemnify and defend LANDLORD and Its directors, officers, agents, ooniractors, and employees against
<br />any liability and expenses, Including the reasonable expense of legal representation whether by special
<br />counsel or by LANDLORD's staff attorneys; resulting from injury to or death of TENANT, Its successor
<br />and assigns, and invitees, and any person who otherwise Is lawfully on the property; or damage to any
<br />property, Including property of LANDLORD, or damage to any other interest of LANDLORD. Including but
<br />not limited to auk alleging noncompliance with any statute or regulation which In any manner may arise
<br />out of the issuing of this Lease; or use by TENANT of the Premises, or any adjoining land used with the
<br />property, All common areas, including but not limited to any parking areas, stairs, corridors, roofs,
<br />walkways and elevators (herein collectively called the common areas) shall be considered a part of the
<br />Premises for liability and insurance purposes when they are used by TENANT or TENANT's employees,
<br />agents, sellers or invitees,
<br />25. WAIVER. The waiver by LANDLORD of any breach of any term, covenant, or condition herein
<br />contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant, or
<br />condition, orofany other tern, covenant, or condition herein contained. The acceptance by LANDLORD
<br />of any rental or other paymentsdue hereunder with knowledge of the breach of any of the terms; covenants
<br />or provisions of this Lease by TENANT shall not beconstrued as a waiver of any such breach. The
<br />acceptance at any time or times by LANDLORD of any sum less then that which is required to be paid by
<br />TENANT shall, unless LANDLORD specifically agrees otherwise in writing, be deemed to have been
<br />received only on account of the obligation for which it Is paid, and shallnot be deemed an accord and
<br />satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing
<br />transmitting the same,
<br />26. HAZARDOUS SURSTANCES. For purposes of this Lease, the term "Hazardous Substance"
<br />means,. 0) any substance, product, waste or other material of any nature whatsoever which Is waste or
<br />other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to
<br />the Comprehensive Environmental Response, 'Compensation and Liability Act, 42 United States Code
<br />Section 9601, at seq.; the Resources. Conservation and Recovery Act, 42 United States Code
<br />Section 6901, at seq. (CERCLA); the Hazardous Materials Transportation Conservation and Recovery
<br />Act, 42 United States Code Section 1801, at seq.;. the Resources Conservation and Recovery. Act,
<br />42 United Stals Coda Section 6901, at seq.. (RCRA); the Clean Water Act, 33 United States Code
<br />Section 1251, at seq.; the Toxic Substances Control Act, 15 United States Code Section 2601, at seq.;
<br />the California Hazardous Waste Control Act, Health and Safety Code Sectien25100, areas.; the.
<br />California Hazardous Substance Account Act, Health and Safety Code Section 28330, at seq,; the
<br />California Safe Drinking Water and Toric Enforcement Act, Health and Safety Code Section 29249.5,
<br />at seq.; California Health and Safety Code Section 25280, at seq. (Underground Storage of Hazardous
<br />Substances); the California Hazardous Waste Management Act, Health and Safety Code
<br />Sections 25170,1, of seq.; Caflfomia Health and Safety Code Sections 25501, at seq. (Hazardous
<br />Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control
<br />Act, Water Code Section 13040, at seq., all as amended, (the above-cited California state statutes are
<br />hereinafter collectively referred to as "the State Toxic Substances Laws") or any other federal, state, or
<br />local statute, law, ordinance, resolution, code, rule,regulation, order or decree regulating, relating to, or
<br />"posing liability or standards of conduct concerning, any hazardous or toxic substance hereafter In
<br />effect; (if) any substance, product, waste or other material of any nature whatsoever which may give rise
<br />to liability under any of the above statutes or under any statutory or common taw theory based on
<br />negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state
<br />or federal adult; (III) petroleum or crude oil other Ilion petroleum and petroleum products which are
<br />contained within regularly -operated motor vehicles; and, (iv) asbestos.
<br />ft, Yuman.LV-.pMsmk
<br />
|