|
23. EMPTION OF LANDLORD E8QM ]JAD1j M. LANDLORD shall not be liable for injury or
<br />damage to the person or goods, wares, merchandise or other property of TENANT, TENANT's
<br />employees, contractors, invitees, customers or any other person in or about the Promises, 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, obstruction or other defect; 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 />sourcesor 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 heliable to anyone for, nor shall TENANT's obligations under this Leese 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 source,. by the interruption or cessation of any service
<br />rendered customarily to the Premises or building or agreed to by the terms 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 utility or service provider, or by any cause beyond
<br />LANDLORD's immediate control
<br />24, AA§SUMPTION QF RiSI$ 6 ND INDEMNH'Y. 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 limiting any other
<br />obligations of indemnity on TENANT'S part under this Lease, TENANT, its successors and assigns, shall
<br />indemnify and defend LANDLORD and its directors, officers, agents, contractors, 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 suit alleging noncompliance withany 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, callers or invitees.
<br />25. AIVER. The waiver by LANDLORD of any breach of any term, covenant, or condition herain
<br />contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant,. or
<br />condition, or of any other term, covenant, or condition herein contained, The acceptance by LANDLORD
<br />of any rental or other payments ova hereunder with knowledge of the breach of any of the terms, covenants
<br />or provisions of this Lease by TENANT shall not be construed as a waiver of any such breach. The
<br />acceptance at any time or times by LANDLORD of any sum less than 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 shall not be deemed an accord and
<br />satisfaction notwithstanding any provisions to the contrary written on any check or contained in any wdling
<br />transmitting the same.
<br />26. HAZARDOUS SUBSTANCES. For purposes of this Lease, the term "Hazardous Substance"
<br />means: (i) any substance, product, waste or other material of any naturewhatsoever 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, et seq.; the Resources Conservation and Recovery Act, 42 United States Code
<br />Section 8901, at seq. (CEROLA); the Hazardous Materials Transportation Conservation and Recovery
<br />Act, 42 United States Code Sechon 9.801, et seq.; the Resources Conservation and Recovery Act,
<br />42 United States Code. Section 8901, at seq. (RCRA); the Clean Water Act, 33 United States Code
<br />Section 1251, et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601, at seq.;
<br />the California Hazardous Waste Control Act, Health and Safety Cede Sectton26100,etsaq.; the
<br />California Hazardous Substance Account Act. Health and Safety Code Seation25330, etseq.; the
<br />California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5,
<br />at son.; California Health and Safety Code Section 25280, et seq. (Underground Storage of Hazardous
<br />Substances); the California Hazardous Waste Management Act, Health and Safety Code
<br />Secdons25170.1, etseq., California Health and Safety Code eections26601, etseq. (Hazardous
<br />Materials Release Response Pians and Inventory); lir the California Porter -Cologne Water: Quality Control
<br />Act, Water Code Section 13000, of seq.,;all as amended, (the above-clted California state statutes are
<br />hereinafter collectively referred to as "the State Toxic Substances Laws") or any otherfederal, state, or
<br />local statute, law, ordinance, resolution, coda, rule, regulation, order or decree regulating, relating to, or
<br />imposing liability or standards of conduct concerning, any hazardous or toxic substance hereafter in
<br />effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give use
<br />to liability under any of the above statutes or under any statutory or common law theory based on
<br />negligence, trespass, Intentionaltort, nuisance or strict liability or under any reported decisions of a state
<br />or federal court; (ill) petroleum or crude oil other than petroleum and petroleum products which are
<br />contained within regularly -operated motor vehicles; and, (iv) asbestos.
<br />r van."�:cm.r"r saw
<br />
|