DCPCUP-2015-02324 - Laserfiche WebLink

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other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Tenant shall indemnify Landlord against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death or damage. Tenant hereby waives all claims against Landlord for damages to the building and improvements that are now on or hereafter placed or built on the Property and to the property of Tenant in, on, or about the Property, and for injuries to persons or property in or about the Property, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Landlord, its agents, or employees. c. Structure Damage. In the event that the Property, access to the Property, and/or any part of the building that provides essential services to the Property, is fully or partially destroyed or damaged by fire, lightening,windstorm, explosion, collapse, vandalism, civil disturbance, aircraft or other vehicle damage or other casualty so as to be unfit for Tenant's occupancy and intended use hereunder and the Property cannot be restored or rebuilt by Landlord within sixty (60) days, then either Tenant or Landlord may elect to terminate this Lease by written notice to the other party. Under no circumstances shall Landlord be liable to any financial loss due to business interruption caused by the aforementioned circumstances. Unless the damage is caused by Tenant's willful misconduct, the Rent shall abate in proportion to that part of the Property that is unfit for use in Tenant's business. The abatement shall consider the nature and extent of interference to Tenant's ability to conduct business in the Property and the need for access and essential services. The abatement shall continue from the date the damage occurred until ten (10) business days after Landlord completes repairs and restoration to the Property, or to the part rendered unusable and notice to Tenant that the repairs and restoration are completed, or until Tenant again uses the Property or the part rendered unusable,whichever is first. d. Service Interruption. Landlord shall incur no liability to Tenant for failure to furnish space, as provided herein, or the rendition of any services, if prevented by war,fires, strikes, labor troubles, accidents, or other causes beyond its control, including but not limited to, temporary or intermittent service interruptions resulting from maintenance and repair work to the Property or to the utilities serving the Property, or alterations to the Property required by any tenants of the Property, or alterations to the Property required by any governmental authority. Notwithstanding the above, the Landlord remains liable to keep the Well and Generator in good working order as required under Paragraphs 8 a.-8 b. above 11. Default in the payment of rentals under this lease shall be cured by Tenant without notice from Landlord within ten (10) days of the due date under the terms of this Lease. In the event of default without cure within the ten (10)day period Landlord may declare this lease at an end.