Common use of Damage or Injury Clause in Contracts

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.

Appears in 4 contracts

Samples: Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp)

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Damage or Injury. Except to the extent attributable to the gross negligence or wilful misconduct of the Landlord shall or those for whom it is responsible in law, the Landlord will 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 death or death of any person inproperty loss or damage sustained by the Tenant, on or about its employees, agents, assignees, subtenants, licensees or those doing business with it in the Premises or anywhere in the Property arising at any time Complex, and from any cause whatsoeverthe Tenant hereby releases the Landlord and its directors, unless the same is caused solely by the willful misconduct of Landlord. Tenant shall indemnify officers, shareholders, agents and defend Landlord against and hold Landlord harmless employees from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, claims for damages or other expenses arising from or related to any use or occupancy out 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 such personal injury, illness death or property loss or damage and will indemnify the Landlord and its directors, officers, shareholders, agents and employees against all actions or liabilities arising out of such personal injury, death of or property damage or loss. Notwithstanding the foregoing, in no event will the Landlord be liable for any person (including employees and personal injury, death or property loss or damage sustained by the Tenant or its employees, agents, assignees, subtenants, licensees or invitees of Tenant) occurring in, on or about in the Premises or anywhere in the Complex caused by theft or breakage or by steam, water, rain, snow, Hazardous Substances or any part thereof arising at any time and other materials or substances which may leak into, issue or flow 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 Complex 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 than wiring or any damage caused by anything done or omitted to be done by any other tenant or occupant of the Premises when Complex, and the Tenant will indemnify the Landlord against all actions or liabilities arising out of such damage, bodily or personal injury, illness death or death is caused by any act property damage 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 terminationloss.

Appears in 2 contracts

Samples: Industrial Lease (Very Good Food Co Inc.), Industrial Lease

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 except to the same is extent caused solely by the gross negligence or 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 '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 except to the same is extent caused solely by the gross negligence or 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, officers, 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. Where used in this Section 8.1 "Landlord" shall mean to include Landlord's employees, agents, licensees or contractors.

Appears in 1 contract

Samples: Industrial Lease (Sanfilippo John B & Son Inc)

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 whatsoever other than arising out of Landlord’s intentional or reckless acts or omissions. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and disbursementsdisbursements through and including without limitation all appellate and bankruptcy levels and proceedings, arising from or related to any use or occupancy of the PremisesPremises and Property, or any condition of the PremisesPremises or Property, or any default in the performance of Tenant’s obligations under this Lease, or any damage to any property (including without limitation property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including without limitation employees and invitees of Tenant) occurring in, on or about the Premises or Property, or any part thereof arising at any time and from any cause whatsoever (unless the same is caused solely by the willful misconduct other than arising out of Landlord) ’s intentional or occurring in, on reckless acts 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 licenseesomissions. This section 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.

Appears in 1 contract

Samples: Industrial Lease (Amrep Corp.)

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 premises arising at any time and from any cause whatsoever, unless except to the same is extent caused solely by the willful negligence or 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 Premisespremises, or any condition of the Premisespremises, or any default in the performance of Tenant’s 's obligations under this Leaselease, 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 premises or any part thereof arising at any tie and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord) or occurring in, on or about the premises or any part thereof arising at any time and from any cause whatsoever (unless except to the same is extent caused solely by the willful negligence or willful misconduct of Landlord) or occurring in, on or about any part of the Property other than property of which the Premises premises are a part when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. This section 8.1 Paragraph 11.A shall survive the termination of this Lease lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination.

Appears in 1 contract

Samples: Lease Agreement (Universal Beverages Holdings Corp)

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 Promises or the Property arising at any time and from any cause whatsoever, unless except to the same is extent caused solely by the gross negligence or 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 '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 except lo the same is extent caused solely by the gross negligence or 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, officers, 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.

Appears in 1 contract

Samples: Deed of Industrial Lease (Gigabeam Corp)

Damage or Injury. Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all claims against LandlordLandlord or its agents, officers, employees or contractors (each a "Landlord Party"), 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 Building arising at any time and from any cause whatsoever, unless except to the same is extent caused solely by the willful negligence or wilful misconduct of Landlordthe respective Landlord Party. Tenant shall indemnify and defend each Landlord Party against and hold each Landlord Party 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 '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 hereof arising at any time and from any cause whatsoever (unless except to the same is extent caused solely by the negligence or willful misconduct of Landlordthe respective Landlord Party) or occurring in, on or about any part of the Property Building 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, employeesofficers, employees or contractors, invitees or licensees. This section 8.1 Section 10.A. shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination.

Appears in 1 contract

Samples: Office Space Lease (Mdsi Mobile Data Solutions Inc /Can/)

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 except to the same is extent caused solely by the gross negligence or 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 '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 except to the same is extent caused solely by the gross negligence or 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, officers, employees, contractors, invitees or licensees. This section 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.

Appears in 1 contract

Samples: Industrial Lease (EnviroStar, Inc.)

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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 except to the same is extent caused solely by the negligence or willful misconduct of Landlord. Tenant shall indemnify and defend Landlord and Landlord’s officers, directors, members, managers, shareholders, agents, employees, lenders, consultants, engineers and assigns (collectively, “Landlord’s Indemnitees”) against and hold Landlord and Landlord’s Indemnitees harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, Claims arising from or related to any Tenant’s use or occupancy of the Premises, Premises during the Term or any condition of the Premisesdamage, 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 occurring (including employees and invitees of Tenanti) occurring in, on or about within the Premises or any part thereof arising at any time and Building during the Term from any cause whatsoever (unless except to the same is extent caused solely by the negligence or willful misconduct of Landlord, or its agents, contractors, officers, or employees), or (ii) or occurring in, on or about any part of the Property other than Premises outside the Premises when Building to the extent such damage, bodily or personal injury, illness or death is caused by any act negligence or omission willful misconduct of Tenant or its agents, contractors, officers, or employees. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims arising from or related to any damage, bodily or personal injury, illness or death of any person occurring in, on or about any part of the Premises to the extent such damage, bodily or personal injury, illness or death is caused by negligence or willful misconduct of Landlord or its agents, contractors, invitees officers, or licenseesemployees. 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.

Appears in 1 contract

Samples: Lease (Maravai Lifesciences Holdings, Inc.)

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 except to the same is extent caused solely by the gross negligence or 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 '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 except to the same is extent caused solely by the gross negligence or 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, officers, 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.

Appears in 1 contract

Samples: Industrial Lease (Foster L B Co)

Damage or Injury. Landlord Except as otherwise provided in this Lease, NASA- KSC shall not be liable to TenantFPL, and Tenant FPL hereby waives and releases all claims against LandlordNASA-KSC, 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 leased Property arising at any time and from any cause whatsoever, unless the same is caused solely by the willful misconduct or gross negligence of LandlordNASA-KSC. Tenant FPL shall indemnify and defend Landlord NASA-KSC against and hold Landlord NASA-KSC 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 Premisesleased Property, or any condition of the Premisesleased Property, or any default in the performance of TenantFPL’s obligations under this Lease, or any damage to any property (including property of employees and invitees of TenantFPL) or any bodily or personal injury, illness or death of any person (including employees and invitees of TenantFPL) occurring in, on or about the Premises leased Property or any part thereof arising at any time and from any cause whatsoever (unless the same is caused solely by the willful misconduct or gross negligence of LandlordNASA-KSC) or occurring in, on or about any part of the leased Property other than the Premises when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant FPL or its agents, employees, contractors, invitees or licensees. This section 8.1 of this Lease shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination.

Appears in 1 contract

Samples: Enhanced Use Lease

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 whatsoever other than arising out of Landlord’s intentional or reckless acts or omissions. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and disbursementsdisbursements through and including without limitation all appellate and bankruptcy levels and proceedings, arising from or related to any use or occupancy of the PremisesPremises and Property, or any condition of the PremisesPremises or Property, or any default in the performance of Tenant’s obligations under this Lease, or any damage to any property (including without limitation property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including without limitation employees and invitees of Tenant) occurring in, on or about the Premises or Property, or any part thereof arising at any time and from any cause whatsoever (unless the same is caused solely by the willful misconduct other than arising out of Landlord) ’s intentional or occurring in, on reckless acts 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 licenseesomissions. This section 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.

Appears in 1 contract

Samples: Industrial Lease (Amrep Corp.)

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 Building arising at any time and from any cause whatsoever, unless except to the same is extent caused solely by the negligence or 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 '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 hereof arising at any time and from any cause whatsoever (unless except to the same is extent caused solely by the negligence or willful misconduct of Landlord) or occurring in, on or about any part of the Property Building 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, officers, employees, contractors, invitees or licensees. This section 8.1 Section 10.A. shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination.

Appears in 1 contract

Samples: Office Space Lease (New Century Financial Corp)

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