THE AMOUNT OF
CONDEMNATION PROCEEDS RECEIVED BY LANDLORD), TO, AS SOON AS REASONABLY POSSIBLE,
RESTORE THE REMAINING PORTION OF THE PREMISES TO A COMPLETE UNIT OF LIKE QUALITY
AND CHARACTER AS EXISTED PRIOR TO SUCH APPROPRIATION OR TAKING.
27
ARTICLE 23
LOSS AND DAMAGE AND DELAY
23.1
LOSS AND DAMAGE. LANDLORD SHALL NOT BE LIABLE OR
RESPONSIBLE IN ANY WAY FOR:
(A)
ANY DEATH OR INJURY ARISING FROM OR OUT OF
ANY OCCURRENCE IN, UPON OR AT THE BUILDING COMPLEX OR FOR DAMAGE TO PROPERTY OF
TENANT OR OTHERS LOCATED ON THE PREMISES, NOR SHALL IT BE RESPONSIBLE IN ANY
EVENT FOR DAMAGE TO ANY PROPERTY OF TENANT OR OTHERS FROM ANY CAUSE WHATSOEVER,
UNLESS SUCH DAMAGE, LOSS, INJURY OR DEATH RESULTS FROM THE INTENTIONAL
MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD, ITS AGENTS, SERVANTS OR EMPLOYEES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LANDLORD SHALL NOT BE LIABLE
FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM FIRE, EXPLOSION,
FALLING PLASTER, STEAM, GAS, ELECTRICITY, WATER, RAIN, SNOW OR LEAKS FROM ANY
PART OF THE PREMISES OR FROM THE PIPES, APPLIANCES, PLUMBING WORKS, ROOF,
STREET, OR SUBSURFACE OF ANY FLOOR OR CEILING OR FROM ANY OTHER PLACE OR BECAUSE
OF DAMPNESS OR CLIMATIC CONDITIONS FROM ANY OTHER CAUSE OF WHATSOEVER KIND.
LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER CAUSED BY ANY OTHER
TENANT OR PERSONS IN OR ABOUT THE BUILDING COMPLEX, OR BY AN OCCUPANT OF
ADJACENT PROPERTY THERETO, OR THE PUBLIC, OR CONSTRUCTION OF ANY PRIVATE, PUBLIC
OR QUASI-PUBLIC WORK. ALL PROPERTY OF TENANT KEPT OR STORED ON THE PREMISES
SHALL BE KEPT OR STORED AT THE RISK OF TENANT ONLY AND TENANT SHALL INDEMNIFY
LANDLORD IN THE EVENT OF ANY CLAIMS ARISING OUT OF DAMAGES TO THE SAME,
INCLUDING ANY SUBROGATION CLAIM BY TENANT'S INSURERS;
(B)
ANY ACT OR OMISSION (INCLUDING THEFT,
MALFEASANCE OR NEGLIGENCE) ON THE PART OF ANY AGENT, CONTRACTOR OR PERSON FROM
TIME TO TIME EMPLOYED BY LANDLORD TO PERFORM JANITOR SERVICES OR SECURITY
SERVICES, OR REPAIRS OR MAINTENANCE SERVICES, IN OR ABOUT THE PREMISES OR THE
BUILDING; OR
(C)
LOSS OR DAMAGE, HOWEVER CAUSED, TO MONEY,
SECURITIES, NEGOTIABLE INSTRUMENTS, PAPERS OR OTHER VALUABLES OF TENANT.
23.2
DELAYS.
WHENEVER AND TO THE EXTENT THAT LANDLORD
SHALL BE UNABLE TO FULFILL, OR SHALL BE DELAYED OR RESTRICTED IN THE FULFILLMENT
OF, ANY OBLIGATION HEREUNDER IN RESPECT TO THE SUPPLY OF OR PROVISION FOR, ANY
SERVICE OR UTILITY OR THE DOING OF ANY WORK OR THE MAKING OF ANY REPAIRS BY
REASON OF BEING UNABLE TO OBTAIN THE MATERIAL, GOODS, EQUIPMENT, SERVICE,
UTILITY OR LABOR REQUIRED TO ENABLE IT TO FULFILL SUCH OBLIGATION OR BY REASON
OF ANY STATUTE, LAW OR ANY REGULATION OR ORDER PASSED OR MADE PURSUANT THERETO
OR BY REASON OF THE ORDER OR DIRECTION OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL
ADMINISTRATOR, CONTROLLER OR BOARD, OR ANY GOVERNMENTAL DEPARTMENT OR OFFICER OR
OTHER AUTHORITY, OR BY REASON OF NOT BEING ABLE TO OBTAIN ANY PERMISSION OR
AUTHORITY REQUIRED THEREBY, OR BY