Common use of Damage to Tenant and Tenant’s Property Clause in Contracts

Damage to Tenant and Tenant’s Property. Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's property in or about the Premises or the Project at any time from any cause (including defects in the Property or in any equipment in the Project; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the Property; or acts of other tenants in the Project). Tenant hereby waives all claims against Landlord for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, including any loss, injury or damage caused by Landlord's negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representatives.

Appears in 2 contracts

Samples: Lease Agreement (3do Co), Lease Agreement (3do Co)

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Damage to Tenant and Tenant’s Property. Except as otherwise provided in Section 10.1, Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's property in or about the Premises or the Project at any time Property from any cause (including defects in the Property or in any equipment in the ProjectProperty; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the Property; or acts of other tenants in the ProjectProperty). Except as otherwise provided in Section 10.1, Tenant hereby waives all claims against Landlord for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, but only to the extent such loss, injury or damage is covered by insurance, including any loss, injury or damage caused by Landlord's negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, Tenant except to the extent that consequential damages or damages for loss of business covered by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representativesinsurance.

Appears in 1 contract

Samples: Lease Agreement (Pegasus Solutions Inc)

Damage to Tenant and Tenant’s Property. The Landlord Parties shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's ’s property in or about the Premises or the Project at any time Property from any cause (including defects in the Property or in any equipment in the ProjectProperty; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the Property; or acts of other tenants in the ProjectProperty), unless caused by the gross negligence or willful misconduct of Landlord or its authorized representative or agents. Except as otherwise provided in this Section 10, Tenant hereby waives all claims against Landlord Parties for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, including any loss, injury or damage caused by Landlord's ’s negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representatives.

Appears in 1 contract

Samples: Part of Lease Agreement (Inpixon)

Damage to Tenant and Tenant’s Property. The Landlord Parties shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's ’s property in or about the Premises or the Project at any time from any cause (including defects in the Property Project or in any equipment in the ProjectBuilding; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the PropertyBuilding; or acts of other tenants in the Project, if any), unless caused by the gross negligence or willful misconduct of Landlord or its authorized representative or agents. Except as otherwise provided in this Section 10, Tenant hereby waives all claims against Landlord Parties for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, including any loss, injury or damage caused by Landlord's ’s negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representatives.

Appears in 1 contract

Samples: Lease Agreement (FireEye, Inc.)

Damage to Tenant and Tenant’s Property. Landlord shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's ’s property in or about the Premises or the Project at any time from any cause (including defects in the Property Project or in any equipment in the Project; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the PropertyProject; or acts of other tenants in the Project), unless such loss, injury or other damage is caused by the gross negligence or willful misconduct of Landlord or Landlord’s breach of its obligations under this Lease (and provided that the foregoing clause shall in no event apply to consequential damages and/or damages for loss of business). Tenant hereby waives all claims against Landlord for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, but not including any loss, injury or damage caused by Landlord's negligence (active or passive) ’s gross negligence, or willful misconductmisconduct or Landlord’s breach of its obligations under this Lease. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representatives.

Appears in 1 contract

Samples: Lease Agreement (Tercica Inc)

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Damage to Tenant and Tenant’s Property. The Landlord Parties shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's ’s property in or about the Premises or the Project at any time Property from any cause (including defects in the Property or in any equipment in the ProjectProperty; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the Property; or acts of other tenants in the ProjectProperty). Tenant hereby waives all claims against Landlord Parties for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, including any loss, injury or damage caused by Landlord's ’s negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrarycontrary (other than such provisions in the Lease specifically providing for Tenant’s liability for such types of damages), nothing in no event this Lease shall impose any obligations on Tenant or Landlord to be responsible or liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representativesbusiness.

Appears in 1 contract

Samples: Lease Agreement (Rockley Photonics Holdings LTD)

Damage to Tenant and Tenant’s Property. The Landlord Parties shall not be liable to Tenant for any loss, injury or other damage to Tenant or to Tenant's ’s property in or about the Premises or the Project at any time from any cause (including defects in the Property Project or in any equipment in the Project; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the PropertyProject; or acts of other tenants in the Project), unless caused by the gross, active negligence or the intentional act or willful misconduct of Landlord or its authorized representative or agents. Except as otherwise provided in this Section 10, Tenant hereby waives all claims against Landlord Parties for any such loss, injury or damage to Tenant or Tenant's property, and the cost and expense of defending against claims relating thereto, including any loss, injury or damage caused by Landlord's ’s negligence (active or passive) or willful misconduct. Notwithstanding any other provision of this Lease to the contrary, in no event shall Landlord be liable to Tenant for any punitive or consequential damages or damages for loss of business by Tenant, except to the extent that consequential damages or damages for loss of business by Tenant are incurred as a result of the gross negligence or willful misconduct of Landlord or Landlord's authorized representatives.. ALMADEN FINANCIAL PLAZA

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

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