Common use of EXEMPTION OF IRVINE FROM LIABILITY Clause in Contracts

EXEMPTION OF IRVINE FROM LIABILITY. FirstWorld hereby agrees that Irvine, including Irvine's officers, trustees, partners, affiliates, directors, agents, management contractors and representatives (collectively referred to as "Irvine's Affiliates"), shall not be liable for, and FirstWorld hereby irrevocably waives any claim against such parties for, injury to FirstWorld's business or loss of income therefrom or for damage to Cable and/or Equipment or other property of FirstWorld, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning or lighting fixtures, or from any other cause; provided, however, that the foregoing shall not limit Irvine's liability for a default by Irvine of an express representation, warranty, covenant or obligation set forth in this Agreement or the Conduit Lease or from the sole active negligence of Irvine or its employees, agents or contractors. Irvine and Irvine's Affiliates shall not be liable for any damage arising from any act or neglect of any other tenant of any Building.

EXEMPTION OF IRVINE FROM LIABILITY. FirstWorld hereby agrees that Irvine, including Irvine's officers, trustees, partners, affiliates, directors, agents, management contractors and representatives (collectively referred to as "Irvine's Affiliates"), shall not be liable for, and FirstWorld hereby irrevocably waives any claim against such parties for, injury to FirstWorld's business or loss of income therefrom or for damage to Cable and/or Equipment or other property of FirstWorld, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning or lighting fixtures, or from any other cause; provided, however, that the foregoing shall not limit Irvine's liability for a default by Irvine of an express representation, warranty, covenant or obligation set forth in this Agreement or the Conduit Lease License Agreement or from the sole active negligence of Irvine or its employees, agents or contractors. Irvine and Irvine's Affiliates shall not be liable for any damage arising from any act or neglect of any other tenant of any Building.