Common use of EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER Clause in Contracts

EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord and its Agents shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises or upon other portions of any building of which the Premises is a part, or from other sources or places; or (d) any act or omission of any other tenant of the Project except if caused by intentional misconduct or gross negligence on the part of Landlord or its Agents. Landlord and its Agents shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant except where caused by Landlord’s intentional misconduct or gross negligence. If any injury or damage occurs to Landlord or its Agents’ persons or property while on the Premises performing Landlord’s duties under this Lease and such damage or injury to person or property is not due to Tenant’s intentional misconduct or gross negligence, Tenant shall not be liable for any such damage or injury. Tenant, as a material part of the consideration to be rendered to Landlord to the full extent permitted by law, hereby waives all claims against Landlord and its Agents for the foregoing damages from any cause arising at any time.

Appears in 2 contracts

Samples: Lease Agreement, Industrial Real Estate Triple Net Lease (Pacira Pharmaceuticals, Inc.)

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EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord and its Agents shall not be liable for any damage or injury either directly, indirectly, incidental, special or consequential damages to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbingpluming, air conditioning or lighting fixtures fixture or any other causecase; electricity, telephone or Internet access or disruption to Tenant's business; (c) conditions arising in or about the Premises or upon other portions of any building Building of which the Premises is a part, or from other sources or places; or (d) any act or omission of any other tenant Tenant of which the Project except if caused by intentional misconduct or gross negligence on the part of Landlord or its AgentsPremises is a part. Landlord and its Agents shall not be liable for any such damage or injury even though the cause of or the means of or repairing such damage or injury are not accessible to Tenant except where caused by Landlord’s intentional misconduct or gross negligence. If any injury or damage occurs to Landlord or its Agents’ persons or property while on the Premises performing Landlord’s duties under this Lease and such damage or injury to person or property is not due to Tenant’s intentional misconduct or gross negligence, Tenant shall not be liable for any such damage or injury. Tenant, as a material part of the consideration to be rendered to Landlord to the full extent permitted by lawLandlord, hereby waives all claims against Landlord and its Agents for the foregoing damages from any cause arising at any time. The provisions of this Section shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. It is recommended that Tenant maintain a back up modem in the event there is any interruption in Landlord's high speed internet access. Tenant acknowledges that there is no alarm system servicing the Premises or Building. Any security devices including camera, window, contacts are for different purposes and not to be relied upon by Tenant. Tenant shall not hold Landlord responsible or liable for absence of security. Landlord shall not be liable for any damages, theft of any vehicle on or near the Premises.

Appears in 1 contract

Samples: Office Lease (Karma Media Inc)

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EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord and its Agents shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises or upon other portions of any building of which the Premises is a part, or from other sources or places; or (d) any act or omission of any other tenant or occupant of the Project except if caused by intentional misconduct Shopping Center or gross negligence on of any building of which the part of Landlord or its AgentsPremises is a part. Landlord and its Agents shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant except where caused by Landlord’s intentional misconduct or gross negligence. If any injury or damage occurs to Landlord or its Agents’ persons or property while on the Premises performing Landlord’s duties under this Lease and such damage or injury to person or property is not due to Tenant’s intentional misconduct or gross negligence, Tenant shall not be liable for any such damage or injury. Tenant, as a material part of the consideration to be rendered to Landlord to the full extent permitted by lawLandlord, hereby waives all claims against Landlord and its Agents for the foregoing damages from any cause arising at any time. The provisions of this Section 12.2 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Standard Shopping Center Lease (California Independent Bancorp)

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