Indemnification and Exculpation Clause Example with 4 Variations from Business Contracts

This page contains Indemnification and Exculpation clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Indemnification and Exculpation. 28.1. Tenant agrees to indemnify, compensate, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, real or alleged, arising from injury to or death of any person or damage to any property occurring within or about the Premises, the Building, the Property or the Project, arising directly or indirectly out of (a) the presence at or use or occupancy of the Premises... or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord's negligence or willful misconduct. Tenant's obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, and 28.2 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising out of Landlord's gross negligence or willful misconduct. 28.2. Notwithstanding anything in this Lease to the contrary, Landlord shall not be liable to Tenant for and Tenant assumes all risk of (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant's business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 27.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant's breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 48 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party. 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord's reasonable approval. 28.5. The provisions of this Article shall survive the expiration or earlier termination of this Lease. View More

Variations of a "Indemnification and Exculpation" Clause from Business Contracts

Indemnification and Exculpation. 28.1. Tenant agrees 17.1 Limitation of Damages. Except to indemnify, compensate, save, defend (at Landlord's option the extent such matter is not covered by the insurance required to be maintained by a party under this Lease and with counsel reasonably acceptable such matter is not attributable to Landlord) and hold the Landlord Indemnitees harmless from and against gross negligence or willful misconduct of the party or the party's agent(s), notwithstanding anything to the contrary in this Lease..., a party shall not be liable to the other party, the other party's employees, agents or invitees for: (i) any and all Claims damage to property of any kind the other party, or nature, real of others, located in, on or alleged, arising from injury to or death about the Premises, (ii) the loss of any person or damage to any property occurring within of the other party or about the Premises, the Building, the Property of others by theft or the Project, arising directly otherwise, (iii) any injury or indirectly out of (a) the presence at damage to persons or use property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or occupancy leaks from any part of the Premises or Project from the pipes, appliance of plumbing works or from the roof, street or subsurface or from any other places or by dampness or by any other cause of whatsoever nature, or (iv) any such damage caused by other persons in the Premises, occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. Notwithstanding anything contained in this Lease to the contrary and except as provided in Section 9.1 above in connection with a Tenant Party, (b) an act or omission on the part of holdover, in no event shall either party be liable for any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunder or (d) injury to or death of persons or damage to consequential damages or loss of business or profits and each party hereby waives any property, real and all claims for any such damages. All property of Tenant kept or alleged, arising from stored on the serving of alcoholic beverages Premises shall be so kept or stored at the Premises or Project by sole risk of Tenant and Tenant shall hold Landlord harmless from any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except claims arising out of damage to the extent directly same, including subrogation claims by Tenant's insurance carriers, unless such damage shall be caused by the gross negligence, intentional acts or willful misconduct of Landlord or Landlord's agent(s). 17.2 Indemnification. Subject to Article 21 below, each party shall be liable for, and shall indemnify, defend, protect and hold the other party and the other party's parent, partners, officers, directors, employees, agents, successors and assigns (collectively, "Indemnified Parties") harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or resulting from (a) the party's negligence or willful misconduct. Tenant's misconduct or its agents, employees or contractors, (b) any default by the party of any obligations to be performed under the terms of this Lease; or (c) the party's failure to comply with any applicable law, rule or regulation. In case any action or proceeding is brought against any Indemnified Parties by reason of any such Indemnified Claims, the indemnifying party pursuant to this Section 17.2, upon notice from the other party shall defend the same at the indemnifying party's expense by counsel approved in writing by the other party, which approval shall not be affected, reduced or limited by any limitation on the amount or type unreasonably withheld. 17.3 Survival; No Release of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's Insurers. The indemnification obligations under this Section 17.2, shall survive the expiration or earlier termination of this Lease. Subject The covenants, agreements and indemnification in Sections 17.1 and 17.2 above, are not intended to Sections 23.6, and 28.2 and shall not relieve any subrogation provisions contained in the Work Letter, Landlord agrees insurance carrier of its obligations under policies required to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project be carried pursuant to the extent directly arising out of Landlord's gross negligence or willful misconduct. 28.2. Notwithstanding anything in this Lease to the contrary, Landlord shall not be liable to Tenant for and Tenant assumes all risk of (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant's business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 27.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant's breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 48 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party. 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord's reasonable approval. 28.5. The provisions of this Article shall survive the expiration or earlier termination of this Lease. View More
Indemnification and Exculpation. 28.1. 20.1 Except to the extent of the responsibility of Landlord pursuant to Section 20.2 hereof, Tenant agrees to indemnify, compensate, save, defend (at Landlord's option indemnify Landlord and with counsel reasonably acceptable its members and affiliates, and their respective shareholders, directors, managers, members, partners, lenders, officers, agents, and employees (collectively, "Landlord's Agents"), against, and to Landlord) protect, defend, and hold the Landlord Indemnitees save them ...harmless from from, all demands, claims, causes of action, liabilities, losses and against any judgments, and all Claims reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys' fees), for death of any kind or nature, real or alleged, arising from injury to or death of any person or damage to property arising out of (i) any property occurring within occurrence in, upon or about the Premises, Premises during the Building, the Property or the Project, arising directly or indirectly out term of (a) the presence at or use or occupancy this Lease, (ii) Tenant's use, occupancy, repairs, maintenance, and improvements of the Premises or Project by a Tenant Party, (b) an and all improvements, fixtures, equipment and personal property thereon, and (iii) any act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of Tenant, its obligations hereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, shareholders, directors, officers, agents, employees, servants, contractors, invitees and subtenants, except to the extent directly caused by Landlord's the negligence or willful misconduct. misconduct of Landlord or Landlord's Agents. Tenant's obligations obligation under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's obligations under this Section 20.1 shall survive the expiration or earlier termination of the term of this Lease. Subject to Sections 23.6, and 28.2 and any subrogation provisions contained in the Work Letter, 20.2 Landlord agrees to indemnify, save, defend (at indemnify Tenant and Tenant's option shareholders, directors, managers, members, partners, lenders, affiliates, officers, agents, and with counsel reasonably acceptable to Tenant) employees (collectively "Tenant's Agents") against and hold the Tenant Parties save them harmless from all demands, claims, causes of action and against any judgments, and all Claims arising from reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys' fees), for death of, or injury to or death of to, any person or damage to property arising from or loss out of any physical property occurring within occurrence in, upon, or about the Premises, Premises during the Building, the Property or the Project term of this Lease to the extent directly arising out of Landlord's gross caused by the negligence or willful misconduct. 28.2. misconduct of Landlord or Landlord's Agents. Landlord's obligations under this Section 20.2 shall survive the expiration or earlier termination of the term of this Lease. 20.3 Notwithstanding anything in any provision of this Lease Article 20 to the contrary, Landlord shall not be liable to Tenant for and Tenant assumes all risk of (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage to and loss of any type (including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, fixtures, goods, inventory, merchandise, equipment, records, research, experiments, animals and (b) damage to other 20 living organisms, computer hardware and software, leasehold improvements, and other personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim nature whatsoever, and Landlord shall not be liable for injury to Tenant's business or any loss of income relating therefrom relative to such damage. Tenant acknowledges that it is Tenant's obligation to procure insurance against any such damage damages or destruction of personal property as described loss pursuant to Section 21.4, and that it would be impractical for Landlord to procure any such insurance in this Section. Notwithstanding anything in that the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 27.2), (y) as may be provided by Applicable Laws or (z) in the event nature of Tenant's breach business makes the risks uncertain and difficult to underwrite and the potential risks are greater than Landlord is willing to assume. Therefore, regardless of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out fault of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 48 28.3. Landlord, Landlord shall not be liable for any damages arising from any act, omission such damage or neglect loss. 20.4 The indemnity obligations of both Landlord and Tenant under this Section 20 shall be satisfied to the extent of proceeds of applicable insurance maintained by the indemnifying party to the extent thereof, and thereafter to proceeds of any applicable insurance maintained by the other tenant in party; Landlord and Tenant shall be required to satisfy any such obligation only to the Building or the Project, or extent it is not satisfied by proceeds of any other third party. 28.4. Tenant acknowledges that security applicable insurance as set forth above. 20.5 Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts. acts of third parties and it is agreed that Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, parties and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If criminal is assumed by Tenant. Tenant shall at Tenant's cost obtain insurance coverage to the extent Tenant desires protection against such criminal acts, then acts. 20.6 Neither Landlord nor Tenant shall, at Tenant's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject liable to Landlord's reasonable approval. 28.5. The provisions the other for any damages arising from any act or neglect of this Article shall survive any other tenant or occupant of the expiration Building or earlier termination of this Lease. Project. View More
Indemnification and Exculpation. 28.1. 17.1 Tenant's Assumption of Risk and Waiver. Subject to the terms of Section 22 and unless caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors, or a violation of Landlord's obligations or representations under this Lease, Landlord shall not be liable to Tenant agrees or any Tenant Parties for: (i) any damage to indemnify, compensate, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold property of... Tenant, or of others, located in, on or about the Landlord Indemnitees harmless from and against any and all Claims Premises, nor for (ii) the loss of any kind or nature, real or alleged, arising from injury to or death of any person or damage to any property occurring within of Tenant or of others by theft or otherwise, (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliance of plumbing works or from the roof, street or subsurface or from any other places or by dampness or by any other cause of whatsoever nature, or (iv) any such damage caused by occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. Landlord shall in no event be liable to Tenant for any consequential damages or for loss of revenue or income and Tenant waives any and all claims for any such damages. Notwithstanding anything to the contrary contained in this Section 17.1, all property of Tenant, its agents, employees and invitees kept or stored on the Premises, whether leased or owned by any such parties, shall be so kept or stored at the sole risk of Tenant. 28 17.2 Tenant's Indemnification of Landlord. Except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors or a violation of Landlord's obligations or representations under this Lease, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and Landlord Indemnified Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or resulting from (a) any occurrence at the Premises, (b) any act or omission of Tenant or any of Tenant Parties; (c) the use of the Premises and Common Areas and conduct of Tenant's business by Tenant or any Tenant Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any Tenant Parties, in or about the Premises, the Building, Building or elsewhere in the Property or the Project, arising directly or indirectly out of (a) the presence at or use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of Project; and/or (d) any Tenant Party, (c) a breach or default by Tenant in the performance of any obligations on Tenant's part to be performed under the terms of its obligations hereunder or (d) this Lease. The foregoing indemnification shall include, but not be limited to, any injury to to, or death of persons of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, arising therefrom whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or loss damage. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of any property, real or alleged, arising such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the serving same at Tenant's expense by counsel reasonably acceptable to Landlord. 17.3 Survival; No Release of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord's negligence or willful misconduct. Tenant's Insurers. The indemnification obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's obligations under this Section 17.2 shall survive the expiration or earlier termination of this Lease. Subject Tenant's covenants, agreements and indemnification in Sections 17.1 and 17.2 above are not intended to Sections 23.6, and 28.2 and shall not relieve any subrogation provisions contained in the Work Letter, Landlord agrees insurance carrier of its obligations under policies required to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the be carried by Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project pursuant to the extent directly arising out of Landlord's gross negligence or willful misconduct. 28.2. Notwithstanding anything in this Lease to the contrary, Landlord shall not be liable to Tenant for and Tenant assumes all risk of (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant's business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 27.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant's breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 48 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party. 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord's reasonable approval. 28.5. The provisions of this Article shall survive the expiration or earlier termination of this Lease. View More
Indemnification and Exculpation. 28.1. 28.1 Tenant agrees to indemnify, compensate, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, real or alleged, arising from injury to or death of any person or damage to any property occurring within or about the Premises, the Building, the Unit, the Property or the Project, arising directly or indirectly out of (a) the presence at or use or occupancy ...of the Premises or Premises, Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunder or hereunder, (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord's Landlord or any Landlord Indemnitee's negligence or willful misconduct. Tenant's obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, and 28.2 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising out of Landlord's gross negligence or willful misconduct. 28.2. Notwithstanding anything in this Lease to the contrary, Landlord shall not be liable to Tenant for and Tenant assumes all risk of (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord's willful disregard of either written notice by Tenant Tenant, or Landlord's actual knowledge, of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant's business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 27.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant's breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 48 28.3. Premises. 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building Building, the Unit, the Condominium or the Project, or of any other third party. 28.4. 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord's reasonable approval. 28.5. 28.5 The provisions of this Article shall survive the expiration or earlier termination of this Lease. View More