Assumption and Waiver Sample Clauses

Assumption and Waiver. Tenant assumes all risk of, and waives all claims against Landlord arising from, damage, loss or theft of property or injury to persons in, upon or about the Premises from any cause. The foregoing waiver includes, without limitation, the following risks against which Tenant should maintain adequate insurance to protect Tenant equipment and other personal property: 6.1.1. All-risk casualty loss insurance with respect to all Improvements constructed by Tenant on the Premises, 6.1.2. Any defect in or failure of plumbing, heating or air-conditioning equipment, electric wiring, water pipes, stairs, railings or walks; 6.1.3. The disrepair of any equipment; 6.1.4. The bursting, leaking or running of any tank, washstand, water closet, drain or any pipe or tank in, upon or about the Premises; 6.1.5. The backup of any sewer pipe or down spout; 6.1.6. The escape of steam or hot water; 6.1.7. Water, snow or ice; 6.1.8. The falling of any fixture, plaster or stucco; 6.1.9. Broken glass; and 6.1.10. Any unauthorized or criminal entry of third parties within the Premises.
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Assumption and Waiver. Except to the extent caused by the negligence or intentional misconduct of Landlord or its agents or employees, or by Landlord's failure to perform its obligations hereunder, Tenant assumes all risk of, and waives all claims against Landlord arising from damage, loss or theft of property or injury to persons in or upon the Premises from any cause. Subject to the exception set forth in the preceding sentence, and to SUBSECTION 12.4, above, the foregoing waiver includes, without limitation, the following risks: (i) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring, water pipes, stairs, railings or walks; (ii) the bursting, leaking or running of any tank, washstand, water closet, main or any pipe or tank in, upon or about the Premises; (iii) the backup of any sewer pipe or downspout; (iv) the escape of steam or hot water; (v) water, snow or ice; (vi) the falling of any plaster or stucco; (vii) broken glass; (viii) any act or omission of other adjoining property owner (except Landlord); and (ix) any unauthorized or criminal entry of third parties within the Premises.
Sample 1
Assumption and Waiver. Tenant assumes all risk of, and waives all claims against Landlord arising from, damage, loss or theft of property or injury to persons in, upon or about the Premises from any cause, except for loss or damage caused by the gross negligence or intentional acts of Landlord or its agents or employees. The foregoing waiver includes, without limitation, the following risks against which Tenant should maintain adequate insurance to protect Tenant equipment and other personal property: 7.1.1. All-risk casualty loss insurance with respect to all Improvements constructed by Tenant on the Premises, 7.1.2. Any defect in or failure of plumbing, heating or air-conditioning equipment, electric wiring, water pipes, stairs, railings or walks; 7.1.3. The disrepair of any equipment; 7.1.4. The bursting, leaking or running of any tank, washstand, water closet, drain or any pipe or tank in, upon or about the Premises; 7.1.5. The backup of any sewer pipe or down spout; 7.1.6. The escape of steam or hot water; 7.1.7. Water, snow or ice; 7.1.8. The falling of any fixture, plaster or stucco; 7.1.9. Broken glass; and 7.1.10. Any unauthorized or criminal entry of third parties within the Premises.
Sample 1
Assumption and Waiver. Tenant assumes all risk of, and waives all claims against Landlord arising from, damage, loss or theft of property or injury to persons in, upon, or about the Premises from any cause. The foregoing waiver includes, without limitation, the following risks against which Tenant should maintain adequate insurance to protect Tenant’s inventory, equipment and other personal property: (i) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring, water pipes, stairs, railings or walks; (ii) the disrepair of any equipment; (iii) the bursting, leaking or running of any tank, washstand, water closet, drain or any pipe or tank in, upon or about the Premises; (iv) the backup of any sewer pipe or down spout; (v) the escape of steam or hot water; (vi) water, snow or ice; (vii) the falling of any fixture, plaster or stucco; (viii) broken glass; (ix) any act or omission of occupants of adjoining property; and {x) any unauthorized or criminal entry of third parties within the Premises or the Building, regardless of any breakdown, malfunction or insufficiency of any security measures provided. Notwithstanding anything contained herein to the contrary, Tenant shall not be liable to the extent that damage or injury is determined ultimately to be caused by the negligent or intentional tortuous acts of Landlord, or of Landlord’s employees, agents, invitees, licensees, or contractors (“Landlord’s Agents”) or by breach of this Lease by Landlord.
Sample 1
Assumption and Waiver. Lessee assumes all risk of, and waives all claims against Lessor arising from damage, loss or theft of property or injury to persons in, upon or about the Premises from any cause, except for loss or damage caused by the gross negligence or intentional acts of Lessor or its agents or employees. The foregoing waiver includes, without limitation, the following risks against which Lessee should maintain adequate insurance to protect Lessee's equipment and other personal property: (a) all-risk casualty loss insurance with respect to all Improvements constructed by Lessee on the Premises, (b) any defect in or failure of plumbing, heating or air-conditioning equipment, electric wiring, water pipes, stairs, railings or walks; (c) the disrepair of any equipment;
Sample 1

Related to Assumption and Waiver

  • Modification and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

  • Termination and Waiver SECTION 8.01. Termination....................................................76 SECTION 8.02.

  • Amendment, Modification and Waiver This Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.

  • Amendments and Waiver No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived.

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Consent and Waiver The Stockholder hereby gives any consents or waivers that are reasonably required for the consummation of the Merger under the terms of any agreements to which the Stockholder is a party or pursuant to any rights the Stockholder may have.

  • Modifications and Waiver Except as provided in Section 17 above with respect to changes in Delaware law which broaden the right of Indemnitee to be indemnified by the Company, no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement (whether or not similar), nor shall such waiver constitute a continuing waiver.

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

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