Damage or Injury. Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or the Property arising at any time and from any cause whatsoever, unless the same is caused solely by the willful misconduct of Landlord. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any use or occupancy of the Premises, or any condition of the Premises, or any default in the performance of Tenant’s obligations under this Lease, or any damage to any property (including property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (unless the same is caused solely by the willful misconduct of Landlord) or occurring in, on or about any part of the Property other than the Premises when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, employees, contractors, invitees or licensees. This section 8.1 shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination.
Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, arising or resulting at any time from the use or occupancy of the Premises or Property by Tenant or its Related Entities, except to the extent that Claims arise or result from (i) the willful misconduct of Landlord or its employees, (ii) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (iii) any default in the performance of Landlord’s obligations under this Lease. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15.
(b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all (i) Physical Condition Claims, (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required to indemnify and defend Landlord against or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (D) any default in the performance of Landlord’s obligations under this Lease.
(c) Except to the extent of Claims against Landlord arising as a consequence of the failure of Tenant, its members, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document ...
Damage or Injury. Since the date of the Original Lease, no Leased Property has been materially injured or damaged by fire or other Casualty.
Damage or Injury. The City and the County agree that if either Party is solely negligent in causing real or personal property damage or personal injury to the other that such responsible Party shall pay for the actual cost and expenses incurred for such damage or injury to the extent permitted by law.
Damage or Injury. The Improvements shall not have been materially damaged by fire or other casualty unless there shall have been received by Agent or a person approved by Agent, or unless the relevant insurance company shall have confirmed coverage for such casualty and committed to disburse, insurance proceeds sufficient in the sole judgment of Agent and the Consulting Professional, to effect satisfactory restoration and completion of the Improvements on or before the Outside Completion Date.
Damage or Injury. 18 8.2 Insurance Coverages and Amounts ...............................................................19 8.3
Damage or Injury. The landlord shall not be liable for any personal injury, death or property loss or damage sustained by the tenant, or its employees, agents, sub lessees, licensees or those doing business with it in or on the premises, no matter now caused, and the tenant shall indemnify the landlord against all actions or liabilities arising out of such personal injury, death or property damage or loss. The tenant hereby releases the landlord and its officers. Agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage. Without limiting the foregoing, the landlord shall not be liable for any personal injury, death or property loss or damage sub stained by the tenant or its employees, agents, sublessees, licensees or invitees in or on the premises or anywhere in the premises caused by theft or breakage or by steam, water, rain, snow, radioactive materials, microwaves, deleterious substances, gases, pollutants or any other materials or substances which may leak into, issue or flow from any part of the premises or any adjacent or neighbouring lands and premises or from the water, steam or drainage pipes or plumbing works of the same or from any place, or any loss or damage caused by or attributable to the condition or arrangements of any electric or other wiring or any damage caused by anything done or omitted to be done by other tenant or occupant of the premises, and the tenant shall indemnify the landlord against all actions or liabilities arising out of such personal injury, death or property damage or loss. The tenant hereby releases the landlord and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property damage or loss. The tenant hereby releases the landlord and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage.
Damage or Injury. Since the Closing Date, the existing Improvements relating to each Property have not been materially injured or damaged by fire or other casualty.
Damage or Injury. ESD No. 2 and County agree that if either of them is solely negligent in causing real or personal property damage or personal injury to the other that such Party will pay for the actual cost and expenses incurred for such damage or injury to the extent permitted by law.
Damage or Injury. The existing Improvements relating to each Facility shall not have been materially injured or damaged by fire or other casualty unless previously remediated by Borrower in a manner satisfactory to Lender in Lender's reasonable discretion.
