|
caused, to books, records, computer or other electronic equipment or data or media, files,
<br />artwork, money, securities, negotiable instruments or papers in the Leased Property; or (c) any
<br />loss or damage resulting from interference with or obstruction of deliveries to or from the Leased
<br />Property caused by Tenant or Tenant's affiliates or any of their respective employees,
<br />representatives, agents or contractors. All property kept, maintained or stored on the Leased
<br />Property shall be so kept, maintained or stored at the sole risk of Tenant. If any mechanic's lien
<br />is filed against any part of the Leased Property for work claimed to have been done for, or
<br />materials claimed to have been furnished to Tenant, such mechanic's lien shall be discharged by
<br />Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment thereof
<br />or by making any deposit required by law or by posting a bond with such surety, in such amount
<br />and in such form as landlord deems proper. Tenant shall immediately notify Landlord of any
<br />mechanic's lien or other lien filed against the Leased Property or any part thereof by a contractor
<br />or subcontractor of Tenant or otherwise by reason of work claimed to have been done for or
<br />materials claimed to have been furnished to Tenant. If Tenant fails to remove such lien or post
<br />such bond within the ten (10) day period following the filing thereof, Landlord may, at its sole
<br />discretion and without waiving its right and remedies based on such breach by Tenant and
<br />without releasing Tenant from any of its obligations, cause such lien to be released by any means
<br />it shall deem proper, including payment in satisfaction of the claim giving rise to such lien.
<br />Tenant shall, in such event, pay to Landlord at once, upon notice by Landlord, any sum paid by
<br />Landlord to remove such lien, together with interest at a reasonable rate from the date of such
<br />payment by Landlord. Landlord shall have the right at all times to post and keep posted on the
<br />Leased Property any notices permitted or required by applicable law, or that Landlord shall deem
<br />proper for the protection of Landlord, the Leased Property, the property of and any other party
<br />having an interest therein, from liens. All material suppliers, contractors, artisans, mechanics,
<br />laborers and other parties contracting with Tenant for the furnishing of any labor, services,
<br />materials, supplies or equipment with respect to any portion of the Leased Property are hereby
<br />charged with notice that they must look solely to Tenant for payment of the same and Tenant's
<br />purchase orders, contracts and subcontracts in connection therewith must clearly state this
<br />requirement.
<br />20. NON -LIABILITY:
<br />Subject to the terms and conditions of paragraph 14 hereof, Landlord shall not be liable for
<br />damage to any property of Tenant or of others located on the Leased Property specifically
<br />including the Tenant's and Tenant's customers' equipment, golf carts, vehicles, and other similar
<br />types of recreation equipment stored in the Leased Property, nor for the loss of or damage to any
<br />property of Tenant or of others by theft or otherwise. Landlord shall not be liable for any injury
<br />or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas,
<br />electricity, water, rain or snow or leaks from any part of the Leased Property or from the pipes,
<br />appliances, or plumbing works or from the roof, street or subsurface or from any other place or
<br />by dampness or by any other cause of whatsoever nature. Landlord shall not be liable for any
<br />such damage caused by Tenants or persons in the Leased Property, occupants of adjacent
<br />property, of the buildings, or the public or caused by operations in connection of any private,
<br />public or quasi -public work. Landlord shall not be liable for any latent defect in the Leased
<br />Property. All property of Tenant kept or stored on the Leased Property shall be so kept or stored
<br />at the risk of Tenant only and Tenant shall hold Landlord harmless from any claims arising out
<br />of damage to the same, including subrogation claims by Tenant's insurance carrier.
<br />12
<br />
|