Common use of DAMAGES AND INSURANCE Clause in Contracts

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area or the common area facilities. Client will not cause damages to any part of the Building or the property of TS or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS will have the right, at any time and from time to time, to enter the Client's Area to inspect the same, to make such repairs and alterations as XX xxxxx necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS by Client upon demand. TS shall have the right to show the Client's Area to prospective Clients, provided TS will use reasonable efforts not to disrupt Client's business. TS and its respective directors, licensers, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TS's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act or omission of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS or TS's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS and Client each hereby waive any and all rights of recovery against the other, or against the directors, licensers, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premises, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TS's control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area that are unusable.

Appears in 2 contracts

Samples: Techspace, LLC Service Agreement (Iparty Corp), Techspace, LLC Service Agreement (Iparty Corp)

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DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, ceiling. Client will not cause damage to any part of the Building or the property of TIO or disturb the quiet enjoyment of any other licensee or occupant of the Building nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages to any part of the Building or the property of TS or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, Client will return the Client's Area shall be Office in as good condition as when Client commenced the use thereoftook possession, normal wear and tear exceptedexpected. TS A move out fee of $150.00 will have the rightbe charged for cleaning, at any time painting and from time to time, to enter the Client's Area to inspect the same, to make such repairs and alterations as XX xxxxx necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS by Client upon demandgeneral maintenance for each office. TS TIO shall have the right to show the Client's Area Office to prospective Clientsclients, provided TS TIO will use reasonable efforts not to disrupt Client's business. TS TIO and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSTIO's gross negligence or willful misconduct, be liable for, and the Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of the Client, its employees, authorized persons and invitees due to any act, omission or occurrence occurrences in or about the TS premises TIO facilities or the Building. Without limitation of any other provision hereof, each party hereto hereby Client agrees to indemnify, defend defend, protect and hold harmless the other party heretosave TIO and its respective directors, and such other party's licensors, officers, directorsagents, employees, shareholders, partners, agents servants and representatives employees harmless from and against any all liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act actions or omission omissions of Client or Client's officers, directorsand its agents, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS or TS's officers, directors, employees, shareholders, partners, agents or representativesand invitees. Subject to the foregoing, Client assumes all risk of loss with respect to further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises or TIO facilities of the BuildingBuilding shall be at the sole risk of Client. Client acknowledges that it is the shall at Client's responsibility sole expense, obtain and keep in force during the term of this Agreement a policy of comprehensive general liability insurance with bodily injury and property damage aggregate limits in an amount not less than one million dollars ($1,000,000) insuring Client and naming TIO and TIO's landlord, as an additional insured against any liability arising out of the use, occupancy or maintenance of the Office and TIO facilities. The limit of said insurance shall not however limit the liability of Client hereunder. Client shall provide to maintain TIO, within 15 days of the commencement of this Agreement, a Certificate of Insurance verifying such coverage. Client agrees that failure by Client to provide such coverage increases TIO's risk of loss and may increase TIO's cost of insurance. Should Client fail to provide the Certificate of Insurance, TIO may charge, and Client shall pay, a monthly fee of forty dollars ($40.00) for each office occupied under this Agreement as compensation for the additional risk and/or costs incurred by TIO. Any insurance carried by TIO shall be excess and non-contributing to cover the risks set forth in this paragraphmaximum extent permitted by insurance which may be owned by TIO or Client. TS TIO and Client, for the benefit of each other, waive any and all rights of subrogation which might exist against each other. TIO and Client each hereby waive any and all rights of recovery against the each other, or against the directors, licensers, officers, agentsemployees, servants and employees agents or representatives of the other, for loss of or damage damages to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises is TIO's facilities are made unusable, in whole or in part, part by fire or other casualty not due to the negligence of Client, TS TIO may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesTIO facilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSTIO's control. The Monthly Fixed Fee for Base Services Fee shall be abated on a per diem pro rata basis for the portions period of time the Client's Area that are Office is unusable.

Appears in 1 contract

Samples: Intelligent Office (International Shipping Enterprises, Inc.)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used less than twelve (12) months by Client, at a cost not to exceed One Hundred Fifty Dollars ($200.00) per Office. HQ will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS HQ by Client upon demand. TS HQ shall have the right to show the Client's Area Office to prospective Clients, provided TS HQ will use reasonable efforts not to disrupt Client's business. TS HQ and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSHQ's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises HQ Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act or omission of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS HQ or TSHQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, agents employees, contractors, and invitees, within or about the TS premises HQ Business Center or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS HQ and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises HQ Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS HQ may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TS's control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area that are unusable.to

Appears in 1 contract

Samples: Office Service Agreement (Ameritrade Holding Corp)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, ceiling in the Facilities. Client will not cause damage to any part of the Facilities or disturb the quiet enjoyment of any other licensee or occupant of the Facilities nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Offices or the common area facilities. Client will not cause damages to any part of the Building or the property of TS or disturb the quiet enjoyment of any other licensee or occupant of the BuildingFacilities. At the Upon termination of this Agreement, Client will return the Client's Area shall be Offices in as good of condition as when Client commenced the use thereoftook possession, though normal wear and tear excepted. TS will have the right, at any time and from time to time, to enter the Client's Area to inspect the same, to make such repairs and alterations as XX xxxxx necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS by Client upon demandexpected. TS XxXxxx De Leeuw shall have the right to show the Client's Area Offices to prospective Clientsclients, provided TS that XxXxxx De Leeuw will use reasonable efforts not to disrupt Client's business. TS XxXxxx De Leeuw and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSXxXxxx De Leeuw's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises or the BuildingFacilities. Without limitation of any other provision hereof, each party hereto hereby Client agrees to indemnify, defend defend, protect and hold harmless the other party heretoXxXxxx De Leeuw and its respective directors, and such other party's licensors, officers, directorsagents, employees, shareholders, partners, agents servants and representatives employees harmless from and against any all liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office Offices or any negligent act actions or omission omissions of Client or Client's officers, directorsand its agents, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS or TS's officers, directors, employees, shareholders, partners, agents or representativesand invitees. Subject to the foregoing, Client assumes all risk of loss with respect to further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises or Facilities shall be at the Buildingsole risk of Client. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS XxXxxx De Leeuw and Client each hereby waive any and all rights of recovery against the each other, or against the directors, licensers, officers, agentsemployees, servants and employees agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises is Facilities are made unusable, in whole or in part, part by fire or other casualty not due to the negligence of Client, TS XxXxxx De Leeuw may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesFacilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSXxXxxx De Leeuw's control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a per diem pro rata basis for the portions period of time the Client's Area that Offices are unusable.

Appears in 1 contract

Samples: Office Service Agreement (MDC Acquisition Partners, Inc.)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS Highland-March or disturb the quiet enjoyment of any other licensee Licensee or occupant of the Buildingbuilding. At the termination of this Agreement, Client will return the Client's Area shall be Office in as good condition as when Client client commenced the use thereofexclusive use, normal wear and tear excepted. TS Highland-March will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx Highland-March reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS Highland-March by Client upon demand. TS Within sixty (60) days prior to termination of this Agreement, Highland-March shall have the right to show the Client's Area Office to prospective Clients, provided TS Highland-March will use reasonable efforts not to disrupt Client's business. TS Highland-March and its respective directors, licenserslicensors, officers, agents, servants servants, employees and employees owners shall not, to the extent permitted by the law, except upon the affirmative showing of TS's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of on any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises Highland-March Suites or the Buildingbuilding, unless such injury, damage, loss or destruction of property, or other injury, is the proximate result of the gross negligence or- willful or wanton misconduct of Highland-March, its officers, agents and employees. Without limitation of any other provision hereof, each party hereto hereby Client agrees to indemnify, defend defend, protect and hold harmless the other party heretosave Highland-March and its respective directors, and such other party's licensors, officers, directorsagents, employeesservants, shareholders, partners, agents employees and representatives owners harmless from and against any all liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act actions or omission emissions of Client or Client's officers, directorsand its agents, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS or TS's officers, directors, employees, shareholders, partners, agents or representativesand invitees. Subject to the foregoing, Client assumes all risk of loss with respect to further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises or Highland-March Suites shall be at the Buildingsole risk of the Client. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS Client must have its employees working in the Office covered by Worker's Compensation Insurance, as required by Massachusetts law. Highland-March and Client each hereby waive any and all rights of recovery against the other, or against the directors, licensers, officers, agentsemployees, servants and employees agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises Highland-March Suites is made unusable, in whole or in partpart due to condemnation by any public authority, by fire or other casualty not due to negligence of Client, TS Highland-March may, at its option, terminate the Agreement upon notice to Client, effective upon such casualtycasualty or condemnation, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesHighland-March Suites, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSHighland-March's control. Highland-March reserves and Client grants to Highland-March, all rights which Highland-March may have for damages or injury to the Highland-March Suites for any taking by condemnation, except for damage to Client's personal property or Client's moving expenses. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: License Agreement (Enterprises Solutions Inc)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Master Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting and cleaning fees for each Office occupied less than twelve (12) months by Client, at a cost not to exceed Two Hundred Fifty Dollars ($250.00) per Office. Client is responsible for costs of repairing any damage to office or furniture and to return each office to HQ 3 of 11 11 in good condition. HQ will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS HQ by Client upon demand. TS HQ shall have the right to show the Client's Area Office to prospective Clients, provided TS HQ will use reasonable efforts not to disrupt Client's business. TS HQ or Client and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSHQ's or Client's gross negligence or willful misconduct, be liable for, and Client or HQ waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of ClientClient or HQ, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises HQ Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, . Client's use and occupancy of the Office or any negligent act or omission constituting gross negligence or willful misconduct of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS HQ or TSHQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises HQ Business Center or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS HQ and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its the property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises HQ Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS HQ may, at its option, terminate the Master Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSHQ's control. The Monthly Base Services Office Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: Office Service Agreement (Virage Logic Corp)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used by Client, One Hundred Seventy Five Dollars ($175.00) per office. HQ will have the right, at any time and from time to time, to enter the Client's Area office to inspect the same, to make such repairs and alterations as XX xxxxx HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS HQ by Client upon demand. TS HQ shall have the right to show the Client's Area Office to prospective Clients, provided TS HQ will use reasonable efforts not to disrupt Client's business. TS HQ and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSHQ's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises HQ Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act or omission of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS HQ or TSHQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, agents employees, contractors, and invitees, within or about the TS premises HQ Business Center or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS HQ and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises HQ Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS HQ may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSHQ's control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: Office Service Agreement (Verisity LTD)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used less than twelve (12) months by Client, at a cost not to exceed One Hundred Fifty Dollars ($150.00) per Office. Client agrees to pay a $75.00 disconnect charge per telephone unit and data line upon termination of this agreement. HQ will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS HQ by Client upon demand. TS HQ shall have the right to show the Client's Area Office to prospective Clients, provided TS HQ will use reasonable efforts not to disrupt Client's business. TS HQ and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSHQ's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises HQ Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act or omission of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS HQ or TSHQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, agents employees, contractors, and invitees, within or about the TS premises HQ Business Center or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS HQ and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises HQ Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS HQ may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSHQ's control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable. 7.

Appears in 1 contract

Samples: Office Service Agreement (Planet Sweep Inc)

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DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS CEO or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used by Client, One Hundred Seventy Five Dollars ($175.00) per office. CEO will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx CEO reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS CEO by Client upon demand. TS CEO shall have the right to show the Client's Area Office to prospective Clients, provided TS CEO will use reasonable efforts not to disrupt Client's business. TS CEO and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TSCEO's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises CEO Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's use and occupancy of the Office or any negligent act or omission of Client or Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS CEO as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS CEO or TSCEO's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises CEO Business Center or the Building. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS CEO and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises CEO Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS CEO may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesCEO Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TSCEO's control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: Service Agreement (Hemobiotech Inc)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, walls floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the xxx Building or the property of TS CEO or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used by Client, One Hundred Seventy Five Dollars ($175.00) per office. CEO will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx CEO reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS CEO by Client upon demand. TS CEO shall have the right to show the Client's Area Office to prospective Clients, provided TS CEO will use reasonable efforts not to disrupt Client's ’s business. TS CEO and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TS's CEO’s gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises CEO Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's ’s officers, directors, employees, shareholders, partners, agents and representatives representatives, from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's ’s use and occupancy of the Office or any negligent act or omission of Client or Client's ’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, and in the case of TS CEO as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS CEO or TS's CEO’s officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of Client, its agents, employees, contractors, and invitees, within or about the TS premises CEO Business Center or the Building. Client acknowledges that it is the Client's ’s responsibility to maintain insurance to cover the risks set forth in this paragraph. TS CEO and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, officers agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises CEO Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS CEO may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesCEO Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TS's CEO’s control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: Service Agreement (Energytec Inc)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Office or the common area facilities. Client will not cause damages damage to any part of the Building or the property of TS CEO or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, the Client's Area Office shall be in as a good condition as when Client commenced the use thereof, normal wear and tear excepted. TS Client agrees to pay for repainting each Office used by Client, One Hundred Seventy Five Dollars ($175.00) per office. CEO will have the right, at any time and from time to time, to enter the Client's Area Office to inspect the same, to make such repairs and alterations as XX xxxxx CEO resonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS CEO by Client upon demand. TS CEO shall have the right to show the Client's Area Office to prospective Clients, provided TS CEO will use reasonable efforts not to disrupt Client's ’s business. TS CEO and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TS's CEO’s gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or any damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises CEO Business Center or the Building. Without limitation of any other provision hereof, each party hereto hereby agrees to indemnify, defend and hold harmless the other party hereto, and such other party's ’s officers, directors, employees, shareholders, partners, agents and representatives from and against any liability to third parties arising out of, in the case of Client as an indemnifying party, Client's ’s use and occupancy of the Office or any negligent act or omission of Client or Client's ’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS CEO as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS CEO or TS's CEO’s officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client assumes all risk of loss with respect to all personal property of ClientClients, its agents, employees, contractors, and invitees, within or about the TS premises CEO Business Center or the Building. Client acknowledges that it is the Client's ’s responsibility to maintain insurance to cover the risks set forth in this paragraph. TS CEO and Client each hereby waive any and all rights of recovery against the other, or against the directors, licenserslicensors, officers, agents, servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises CEO Business Center is made unusable, in whole or in part, by fire or other casualty not due to negligence of Client, TS CEO may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesCEO Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TS's CEO’s control. The Monthly Base Services Fee shall be abated on a per diem basis for the portions of the Client's Area Office that are unusable.

Appears in 1 contract

Samples: Service Agreement (Energytec Inc)

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceilings, ceiling in the Facilities. Client will not cause damage to any part of the Facilities or disturb the quiet enjoyment of any other licensee or occupant of the Facilities nor make holes for the hanging of pictures or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Client's Area Offices or the common area facilities. Client will not cause damages to any part of the Building or the property of TS or disturb the quiet enjoyment of any other licensee or occupant of the BuildingFacilities. At the Upon termination of this Agreement, Client will return the Client's Area shall be Offices in as good of condition as when Client commenced the use thereoftook possession, though normal wear and tear excepted. TS will have the right, at any time and from time to time, to enter the Client's Area to inspect the same, to make such repairs and alterations as XX xxxxx necessary, and the cost of any such repair resulting from the act or omission of Client shall be reimbursed to TS by Client upon demandexpected. TS Provider shall have the right to show the Client's Area Offices to prospective Clientsclients, provided TS that Provider will use reasonable efforts not to disrupt Client's ’s business. TS Provider and its respective directors, licenserslicensors, officers, agents, servants and employees shall not, to the extent permitted by the law, except upon the affirmative showing of TS's Provider’s gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for for, any damage or claim with respect to any injury to person or any damage to, or loss or destruction of of, any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the TS premises or the BuildingFacilities. Without limitation of any other provision hereof, each party hereto hereby Client agrees to indemnify, defend defend, protect and hold harmless the other party heretoProvider and its respective directors, and such other party's licensors, officers, directorsagents, employees, shareholders, partners, agents servants and representatives employees harmless from and against any all liability to third parties arising out of, in the case of Client as an indemnifying party, Client's ’s use and occupancy of the Office Offices or any negligent act actions or omission omissions of Client or Client's officers, directorsand its agents, employees, shareholders, partners, agents, representatives, contractors, customers or invitees and, in the case of TS as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of TS or TS's officers, directors, employees, shareholders, partners, agents or representativesand invitees. Subject to the foregoing, Client assumes all risk of loss with respect to further agrees that all personal property of Client, its agents, employees, contractors, contractors and invitees, within or about the TS premises or Facilities shall be at the Buildingsole risk of Client. Client acknowledges that it is the Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. TS Provider and Client each hereby waive any and all rights of recovery against the each other, or against the directors, licensers, officers, agentsemployees, servants and employees agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If the TS premises is Facilities are made unusable, in whole or in part, part by fire or other casualty not due to the negligence of Client, TS Provider may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the TS premisesFacilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond TS's Provider’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a per diem pro rata basis for the portions period of time the Client's Area that Offices are unusable.

Appears in 1 contract

Samples: Office Service Agreement (Catalytic Capital Investment Corp)

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