Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord.
Appears in 4 contracts
Samples: Lease Agreement (Wells Real Estate Fund Iv L P), Lease Agreement (DARA BioSciences, Inc.), Lease Agreement (Wells Real Estate Fund Iii L P)
Acceptance and Waiver. Landlord shall not be liable to Tenant, or its agents, employees, guests or invitees (and, if Tenant is an entity, its --------------------- officers, agents, employees, guests or invitees) , for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Global Payments Inc), Lease Agreement (Global Payments Inc), Lease Agreement (Global Payments Inc)
Acceptance and Waiver. Landlord shall not be liable to the Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests guests, or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but and Tenant, by moving into the Premises and taking possession thereof, shall accept, subject to completion of any punch list items, and shall be held deemed to have accepted accepted, subject to completion of any punch list items, the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held deemed to have accepted the Building and every appurtenances thereof, appurtenance thereof and Tenant by said act waives any and all defects therein; provided, however, that this Section Paragraph shall not apply to any damages or injury caused by or resulting from the gross negligence or willful misconduct of Landlord.
Appears in 2 contracts
Samples: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.)
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, agents, employees, guests or invitees) , for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Ndchealth Corp)
Acceptance and Waiver. Landlord shall not be liable to the Tenant, its agents, agents or employees, guests or invitees (and, if Tenant is an entity, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building Property or any of the buildings located thereon or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam stream pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building Property and every appurtenances thereof, and Tenant by said act waives any and all defects thereintherein except for latent defects that were known to Landlord at the time of entering into the Lease; provided, however, that this Section paragraph shall not apply to any damages or injury caused by or resulting from the negligence or a willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Med E America Corp)
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury caused by or resulting from the negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Emageon Inc)
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or the Property or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereofof the Premises, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and the Property and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply preclude Tenant from seeking recovery from any third party responsible for such damage or injury. Furthermore, notwithstanding anything to the contrary set forth in this Lease, Landlord shall not be liable under any damages circumstances for a loss of, or injury caused by to, property or resulting from the negligence for injury to, or willful misconduct interference with, Tenant’s business, including, without limitation, loss of Landlordprofits, or consequential or punitive damages, however occurring.
Appears in 1 contract
Acceptance and Waiver. Except as expressly provided in Paragraphs 11(b) and 13 above or to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Section 26 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to preclude Tenant from seeking recovery from any damages third party responsible for such damage or injury caused by or resulting from the negligence or willful misconduct of Landlordinjury.
Appears in 1 contract
Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Acceptance and Waiver. Except to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Section 26 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein, subject to the express warranties, representations and covenants of Landlord under this Lease; provided, however, that this Section shall not apply to preclude Tenant from seeking recovery from any damages third party responsible for such damage or injury caused by or resulting from the negligence or willful misconduct of Landlordinjury.
Appears in 1 contract
Samples: Industrial Lease Agreement (Altigen Communications Inc)
Acceptance and Waiver. Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is an entity, its officers, members, partners, managers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but Tenant, by moving into the Premises and taking possession thereof, shall accept, and shall be held to have accepted the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held to have accepted the Building and every appurtenances thereof, and Tenant by said act waives any and all defects therein; provided, however, that this Section shall not apply to any damages or injury directly caused by or resulting from the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Acceptance and Waiver. Landlord shall not be liable to the Tenant, its agents, employees, guests or invitees (and, if Tenant is an entitya corporation, its officers, agents, employees, guests guests, or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, from water rising from underground pipes or the ground, or from electricity, but and Tenant, by moving into the Premises and taking possession thereof, shall accept, subject to completion of any punchlist items, and shall be held deemed to have accepted accepted, subject to completion of any punchlist items, the Premises as suitable for the purposes for which the same are leased, and shall accept and shall be held deemed to have accepted the Building and every appurtenances thereof, appurtenance thereof and Tenant by said act waives any and all defects therein; provided, however, that this Section Paragraph shall not apply to any damages or injury caused by or resulting from the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (American Recreational Enterprises Inc)