Common use of Claims by Tenant Clause in Contracts

Claims by Tenant. Landlord shall not be liable to Tenant for loss or damage to Tenant’s business (and Tenant waives all claims against Landlord therefor), and Tenant also waives all claims against Landlord for personal or bodily injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project by and from all causes, including without limitation, any defect in any portion of the Project and/or any damage or injury resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources. Landlord shall not be liable for any damages arising from any act or negligence of any other tenant or user of the Project. Tenant shall promptly notify Landlord in writing of any known defect in the Project. Notwithstanding the foregoing, Tenant’s waiver of claims and release of Landlord as provided in this Paragraph 8.5 above shall not apply to any loss or damage or injury or death caused by Landlord’s willful misconduct or gross negligence, or that of its agents, employees or contractors; however, under no circumstances shall Landlord be liable to Tenant for indirect, special, exemplary, incidental, punitive or consequential damages, including lost profits, loss of income or loss of business.

Appears in 1 contract

Samples: Improvement Agreement (Bloom Energy Corp)

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Claims by Tenant. Landlord shall not be liable to Tenant for loss or damage to Tenant’s business (, and Tenant waives all claims against Landlord therefor)Landlord, and Tenant also waives all claims against Landlord for personal or bodily injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project Premises, Common Area, Land or Building or loss to Tenant's business by and from all causes, including without limitation, any defect in any portion of the Project Premises, Common Area or Building and/or any damage or injury resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Project Building, Common Area or Land or from other sources. Landlord shall not be liable for any damages arising from any act or negligence of any other tenant of the Building or user of the ProjectCommon Area. Tenant or Tenant's agents shall promptly immediately notify Landlord in writing of any known defect in the ProjectPremises, Common Area, Building or Land. Notwithstanding the foregoing, Tenant’s waiver The provisions of claims and release of Landlord as provided in this Paragraph 8.5 above 7.5 shall not apply to any loss or damage or injury or death caused by Landlord’s 's willful misconduct or gross sole negligence, or that of its agents, employees or contractors; however, under no circumstances shall Landlord be liable to Tenant for indirect, special, exemplary, incidental, punitive or consequential damages, including lost profits, loss of income or loss of business.

Appears in 1 contract

Samples: That Certain Lease Agreement (Nhancement Technologies Inc)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant for loss or damage to Tenant’s business (, and Tenant waives all claims against Landlord therefor)Landlord, and Tenant also waives all claims against Landlord for personal or bodily injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project by and from all causes, including without limitation, any defect in any portion of the Project and/or any damage or injury resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources. Landlord shall not be liable for any damages arising from any act or negligence of any other tenant or user of the Project. Tenant or Tenant’s agents shall promptly immediately notify Landlord in writing of any known defect in the Project. Notwithstanding the foregoing, Tenant’s waiver of claims and release of Landlord as provided in this Paragraph 8.5 above shall not apply to any loss or damage or injury or death caused by Landlord’s willful misconduct or gross negligence, or that of its agents, employees or contractors; provided, however, under no circumstances shall Landlord be liable to Tenant for indirect, special, exemplary, incidental, punitive or consequential damages, including such as lost profits, loss of income business or loss of businesslost income.

Appears in 1 contract

Samples: Net Lease Agreement (Proteinsimple)

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Claims by Tenant. Except as expressly provided in Paragraph 8.3 or 10 of this Lease or in the Improvement Agreement, Landlord shall not be liable to Tenant for loss or damage to Tenant’s business (, and Tenant waives all claims against Landlord therefor)Landlord, and Tenant also waives all claims against Landlord for personal or bodily injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project by and from all causes, including without limitation, any defect in any portion of the Project and/or any damage or injury resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources. Neither Landlord nor Tenant shall not be liable for any damages arising from any act or negligence of any other tenant or user of the Project. Tenant or Tenant’s agents shall promptly immediately notify Landlord in writing of any known defect in the Project. Notwithstanding the foregoing, Tenant’s waiver The provisions of claims and release of Landlord as provided in this Paragraph 8.5 above 8.4 shall not apply to any loss or damage or injury or death caused by Landlord’s willful misconduct or gross negligence, or that of its agents, employees employees, contractors or contractors; however, under no circumstances shall Landlord be liable to Tenant for indirect, special, exemplary, incidental, punitive or consequential damages, including lost profits, loss of income or loss of businessinvitees.

Appears in 1 contract

Samples: Improvement Agreement (Rackable Systems, Inc.)

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