Common use of Claims by Tenant Clause in Contracts

Claims by Tenant. Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for 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 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 immediately notify Landlord in writing of any known defect in the Project. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Symphonix Devices Inc)

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Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project Premises or Common Area by and from all causes, including without limitation, any defect in any portion of the Project Premises or Common Area 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 Common Area or from other sources. Neither Landlord nor Tenant shall be liable for any damages arising from any act or negligence of any other tenant or user of the ProjectCommon Area. Tenant or Tenant's ’s agents shall immediately notify Landlord in writing of any known defect in the ProjectPremises or Common Area. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's ’s willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for injury or death to any person, damage to any property, or loss of use of any property in any portion of the Project Premises or Common Area by and from all causes, including without limitation, any defect in any portion of the Project Premises or Common Area 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 Common Area or from other sources. Neither Landlord nor Tenant shall be liable for any damages arising from any act or negligence of any other tenant or user of the ProjectCommon Area. Tenant or Tenant's agents shall immediately notify Landlord in writing of any known defect in the ProjectPremises or Common Area. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for 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 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 immediately notify Landlord in writing of any known defect in the Project. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for 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 be liable for any damages arising from any act or negligence of any other tenant or user of the Project. Tenant or Tenant's ’s agents shall immediately notify Landlord in writing of any known defect in the Project. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's ’s willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Trident Microsystems Inc)

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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, and ---------------- Tenant waives all claims against Landlord, for 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 be liable for any damages arising from any act or negligence of any other tenant or user of the Project. Tenant or Tenant's ’s agents shall immediately notify Landlord in writing of any known defect in the Project. The provisions of this Paragraph 8.5 8.4 shall not apply to any damage or injury caused by Landlord's ’s willful misconduct or negligence, or that of its agents, employees, contractors or invitees.

Appears in 1 contract

Samples: Net Lease Agreement (Rackable Systems, Inc.)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for 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 ’s agents shall immediately notify Landlord in writing of any known defect in the Project. The provisions Tenant’s waiver of claims and release of Landlord as provided in this Paragraph 8.5 above shall not apply to any damage or injury caused by Landlord's ’s willful misconduct or negligence, or that of its agents, employeesemployees or contractors; provided, contractors however, under no circumstances shall Landlord be liable to Tenant for consequential damages, such as lost profits, loss of business or inviteeslost income.

Appears in 1 contract

Samples: Net Lease Agreement (Proteinsimple)

Claims by Tenant. Except as expressly provided in Paragraph 8.4, ---------------- Landlord shall not be liable to Tenant, and ---------------- Tenant waives all claims against Landlord, for 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 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 immediately notify Landlord in writing of any known defect in the Project. The provisions of this Paragraph 8.5 shall not apply to any damage or injury caused by Landlord's willful misconduct or gross negligence, or that of its agents, employees, contractors or invitees. Anything in this Lease to the contrary notwithstanding, under no circumstances shall Landlord be liable to Tenant for lost profits or loss of business ness or income.

Appears in 1 contract

Samples: Net Lease Agreement (Navisite Inc)

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