DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the willful misconduct or negligence of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, or damages to the Property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears and merchandise of any person, arising from the use of the Premises by Tenant, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employees. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages by or from any act of negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to...
DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant hereby indemnifies and agrees to hold Landlord harmless from and to defend Landlord against any and all claims of liability for any injury (including death) or damage to any person or property whatsoever: (1) occurring in, on or about the Premises or any part thereof; or (2) occurring in or about the Building Complex, when such injury or damage is caused in whole or in part by the act, neglect, fault or omission to act on the part of Tenant, its agents, contractors, employees, or invitees. Tenant further indemnifies and agrees to hold Landlord harmless from and to defend Landlord against any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any of its agents, contractors, employees or invitees, and from and against all costs, attorneys’ fees, expenses and liabilities incurred as a result of any such claim or any action or proceeding brought thereon. Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building Complex, and to tenants or occupants thereof, caused by Tenant’s misuse or neglect of the Premises or any portion of the Building Complex.
B. Neither Landlord nor its agents shall be liable for any damage, including resulting loss of use and additional expenses, to property entrusted to Landlord, its agents or employees, or the building manager, if any, nor for the loss or damage, including resulting loss of use and additional expenses, to any property by theft or otherwise, by any means whatsoever, nor for any injury (including death) or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface, or from any other place, or resulting from dampness or any other cause whatsoever; provided, however, that nothing contained herein shall be construed to relieve Landlord from liability for any personal injury or property damage, including loss of use and additional reasonable expenses resulting from its gross negligence or that of its agents, servants or employees. Landlord or its agents shall not be l...
DAMAGE TO PROPERTY, INJURY TO PERSONS. (a) Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims of liability that Tenant or Tenant's legal representatives, successors or assigns may have against Landlord, and Tenant hereby indemnifies and agrees to hold Landlord harmless from any and all claims of liability for any injury or damage to any person or property whatsoever: (1) occurring in, on or about the Premises or any part thereof; and (2) occurring in, on or about the Building Complex, to the extent such injury or damage is caused by the negligent act or omission of Tenant, its agents, contractors, employees, licensees or invitees. Tenant further agrees to indemnify and to hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act of negligence of Tenant, or any of its agents, contractors, employees, licensees or invitees. Such indemnities shall include by way of example, but not limitation, all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim, action or proceeding.
(b) Landlord shall not be liable to Tenant for: (i) any damage by or from any act or negligence of any co-tenant or other occupant of the Building Complex, or by any owner or occupant of adjoining or contiguous property, or (ii) any injury or damage to persons or property resulting in whole or in part from the criminal activities of others, unless Landlord has received actual and timely knowledge of any threat, occurrance or event which poses a risk of injury or damage to Tenant, unless Landlord has a legal and practical remedy available to it to xxxxx, remedy or eliminate such risk, and unless Landlord has failed to take reasonable steps to xxxxx, remedy or eliminate such risk. To the extent not covered by normal fire and extended coverage insurance, Tenant agrees to pay for all damage to the Building Complex, as well as all damage to persons or property of other tenants or occupants thereof, caused by the misuse or negligent act or omission of Tenant or any of its agents, contractors, employees, licensees or invitees.
(c) Neither party nor their agents or employees shall be liable to the other party for the loss or damage to any property occurring by theft or otherwise, nor for any injury or damage to persons or property resulting from fire, explosion, falling pl...
DAMAGE TO PROPERTY, INJURY TO PERSONS. INSURANCE 13.1 Tenant’s Responsibility. Tenant shall defend, indemnify and hold Landlord harmless from any and all claims arising from Tenant’s use of the Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, regardless of fault or negligence which is imputed to Landlord as the owner of the Project but which involves a condition of the Premises within the control of Tenant, its employees or contractors. Tenant shall further defend, indemnify and hold Landlord harmless from any and all claims arising from any breach or default in the performance of this Lease by Tenant, or arising from any act or negligence of Tenant, or of its agents or employees, and from all costs, attorneys’ fees, expenses and liabilities incurred as a result of any such claim. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon, or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, unless caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall not be liable for loss of or damage to any property by theft or otherwise, or for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of any building or from the pipes, appliances or plumbing works therein, or from the roof, street
DAMAGE TO PROPERTY, INJURY TO PERSONS. 13.1 Tenant's Waiver of Claims. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims which Tenant, Tenant's successor, or assigns may have against Landlord, its officers, directors, owners, employees, attorneys, and agents (excluding contractors and subcontractors) (collectively the "Released Parties") resulting from fire, explosion, falling plaster, smoke, steam, gas, electricity, water or rain which may leak from any part of the Improvements or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, except personal injury or loss or damage to property caused by or due to the negligence or willful misconduct of Landlord or breach of Landlord's warranties set forth in Section 3.5. In addition and subject to the exceptions of the preceding sentence, the Released Parties shall not be liable for (i) interference with the utility service, HVAC, or for any latent defect in the Improvements, except as provided in Section 3.5, (ii) any loss or damage for which Tenant is required to insure or (iii) any loss or damage resulting from any construction, Alterations or repair required or permitted to be performed by Tenant under this Lease. The foregoing to the contrary notwithstanding, nothing in this Section modifies the indemnities by the Landlord in this Lease including, but not limited to, Section 13.3(b).
DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant hereby indemnifies and agrees to hold Landlord harmless from and to defend Landlord against any and all claims of liability for any injury (including death) or damage to any person or property whatsoever occurring in, on or about the Premises or any part thereof, or the Building, when such injury or damage is caused in whole or in part by the act, neglect, fault or omission to act on the part of Tenant, its agents, contractors, or employees. Tenant further indemnifies and agrees to hold Landlord harmless from and to defend Landlord against any and all claims arising, in full or in part, from (i) any breach or default in the performance of any obligation
DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant's Waiver of Claims. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the gross negligence of Landlord, its agents, servants, or employees which Tenant, Tenant's successor, or permitted assigns may have against Landlord, its agents, servants, or employees) for loss, theft, or damage to property and for injuries to persons, including death, in, upon, or about the Premises, the Building, or the Building Complex, from any cause whatsoever. Tenant will protect, defend, indemnify, and hold Landlord, its agents, servants, and employees exempt and harmless from and on account of any damage or injury to persons, including death, or to the goods, wares, and merchandise of any person, including the loss of the use thereof occasioned by Tenant's use or occupancy of or otherwise arising in any manner from, on, or out of the Premises, other than that caused by or resulting from the gross negligence of Landlord. Landlord will protect, defend, indemnify, and hold Tenant, its agents, servants, and employees exempt and harmless from and on account of any damage or injury to persons, including death, or to the goods, wares, and merchandise of any person, including the loss of the use thereof, occasioned by Landlords use or occupancy of or otherwise arising in any manner from, on, or out of the Common Area, other than that caused by or resulting from the gross negligence of Tenant or Tenant's agents, servants and employees.
DAMAGE TO PROPERTY, INJURY TO PERSONS. (a) Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims of liability that Tenant or Tenant's legal representatives, successors or assigns may have against Landlord, and Tenant hereby indemnifies and agrees to hold Landlord harmless from any and all claims of liability for any injury or damage to any person or property whatsoever: (1) occurring in, on or about the Premises or any part thereof, and (2) occurring in, on or about the Building, when such injury or damage is caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, contractors or employees or where such injuries are the result of the violation of the provisions of this Lease by any of such persons. Tenant further agrees to indemnify and to hold Landlord harmless from and against any and all claims
DAMAGE TO PROPERTY, INJURY TO PERSONS. (a) Tenant, for itself and its legal representatives, successors and assigns, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims of liability against Landlord. Tenant, for itself and its legal representatives, successors and assigns, hereby indemnifies and agrees to hold harmless Landlord, its agents, employees, contractors, legal representatives, successors and assigns, from any and all claims of liability for any injury or damage to any person or property whatsoever occurring in, on or about the Premises or the Building Complex or any part thereof, to the extent such injury or damage is caused by the negligence, fault or omission of Tenant, its agents, contractors, employees, licensees or invitees. Tenant further agrees to indemnify and to hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any of its agents, contractors, employees, licensees or invitees. Such indemnities shall include by way of example, but not limitation, all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim, action or proceeding.
DAMAGE TO PROPERTY, INJURY TO PERSONS. (Section 18). Insert at the end of the fourth paragraph of Section 18 after the words "One Million ($1,000,000.00) Dollars," the following: "In addition Tenant shall maintain umbrella liability coverage for the Premises with Landlord as an additional named insured for at least an additional One Million ($1,000,000.00) Dollars."
