Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages or for damage to the inventory, fixtures, furnishings, improvements or other property of Tenant, Tenant's employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, 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, air-conditioning or lighting fixtures, or from any other cause whatsoever, whether said damage or injury results from conditions arising upon the Premises, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of Landlord. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Project.
Appears in 4 contracts
Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages or for damage to the inventory, fixtures, furnishings, improvements or other property of Tenant, Tenant's employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the PremisesProject, 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, air-conditioning or lighting fixtures, or from any other cause whatsoever, whether said damage or injury results from conditions arising upon the PremisesProject, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of LandlordTenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Project.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Amerihost Properties Inc), Purchase and Sale Agreement (PMC Commercial Trust /Tx), Lease Agreement (Amerihost Properties Inc)
Exemption of Landlord from Liability. Except to the extent resulting from or arising out of the gross negligence or intentional acts of Landlord or any of its agents, contractors or employees, Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's ’s business or any loss of income or other consequential damages therefrom or for loss of or damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's ’s employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the PremisesPremises or the Building, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether said damage or injury results from conditions arising upon the PremisesPremises or upon other portions of the Building, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Building, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of Landlordinaccessible. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant, occupant or user of the Building, nor from the failure of Landlord to enforce the provisions of any other lease of any other tenant of the ProjectBuilding.
Appears in 3 contracts
Samples: Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not unless caused by Landlord’s gross negligence or willful misconduct, be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's ’s business or any loss of income or other consequential damages therefrom or for damage to the inventoryTenant’s Contents, fixtures, furnishings, improvements or other property of TenantTenant Improvements, Tenant's ’s employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, nor shall Landlord unless caused by Landlord’s gross negligence or willful misconduct, by be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors, 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, air-conditioning air conditioning, roof or lighting fixtures, or from any other cause whatsoevercause, whether said damage or injury results from conditions arising upon the PremisesPremises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible accessible to Tenant unless caused by the negligent or intentional acts or omissions of LandlordTenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of the ProjectCenter in which the Premises are located.
Appears in 1 contract
Samples: Standard Form Shopping Center Lease (Pacific Premier Bancorp Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's ’s business or any loss of income or other consequential damages therefrom, or for damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's ’s employees, representatives, agents, invitees, customerscustomers or any other person in, sublesseeson or about the Premises or Building, agents, occupants, contractors, or nor shall Landlord be liable for injury to the person of Tenant, Tenant's ’s employees, representatives, agents, contractorscustomers, occupants, or invitees, customers, sublessees, or whether any other person in or about the Premises, 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, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, and whether the said damage or injury results from conditions arising upon the PremisesPremises or any other cause, and whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant Landlord or Tenant, unless such injury, loss of income or damage is caused by the negligent or intentional acts or omissions of Landlord’s negligence. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of the ProjectBuilding. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage arises out of the negligence of Landlord.
Appears in 1 contract
Samples: Office Lease (Infotech Usa Inc)
Exemption of Landlord from Liability. Except as set forth in Paragraph 7.4(a), Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages therefrom or for the damage to the inventorygoods, fixtureswares, furnishingsmerchandise, improvements or other property of Tenant, Tenant's employees, invitees, customers, sublesseesor any other person in or about the Leased Premises, agents, occupants, contractors, or nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, or contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction obstruction, or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning air conditioning, or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the PremisesLeased Premises or upon other portions of the building of which the Leased Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of LandlordTenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of the Projectbuilding in which the Leased Premises are located. Nothing in this Paragraph 13.1 is intended to grant, and Tenant expressly does not grant, Landlord the right to seek indemnification from Tenant for any costs incurred by Landlord as a result of claims or demands or liability arising out of the matters discussed in this Paragraph 13.1.
Appears in 1 contract
Samples: Lease (Hawker Pacific Aerospace)
Exemption of Landlord from Liability. Tenant hereby agrees that except for the negligent acts of Landlord, Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages or for damage to the inventory, fixtures, furnishings, improvements or other property of Tenant, Tenant's employees, invitees, customers, sublessees, agents, occupants, contractors, or any other person in or about the Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, 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, sprinklerssprinkler, wires, appliances, plumbing, air-air conditioning or lighting fixtures, or from any other cause whatsoever, whether said damage or injury results from conditions arising upon the Premises, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of LandlordTenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the ProjectOffice Building.
Appears in 1 contract
Samples: Lease (Sonic Foundry Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages or for damage to the inventory, fixtures, furnishings, improvements or other property of Tenant, Tenant's employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, 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, air-conditioning or lighting fixtures, or from any other cause whatsoever, whether said damage or injury results from conditions arising upon the Premises, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of LandlordTenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Project.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income therefrom. Tenant further agrees that Landlord shall not be liable for loss of or other consequential damages or for damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's employees, invitees, customers, sublesseesor any other person in or about the Premises or the Office Building Project, agents, occupants, contractors, or nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, agents or contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether said damage or injury results from conditions arising upon the PremisesPremises or upon other portions of the Office Building Project, or from other sources source or placesplace, or from new construction or the repair, alteration or improvement of any part of the Office Building Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible inaccessible, except to Tenant unless caused by the negligent extent such loss or intentional acts or omissions damage results from the gross negligence of Landlord. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant, occupant or user of Office Building Project, nor from the failure of Landlord to enforce the provisions of any other lease of any other lease of any other tenant of the Office Building Project.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages therefrom or for damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's employees, invitees, customers, sublesseesor any other person in or about the Premises, agents, occupants, contractors, or not shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, agents or contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, 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, air-air conditioning or lighting fixtures, ,or from any other cause whatsoevercause, whether the said damage or injury E-104 9 results from conditions arising upon the PremisesPremises or upon other portions of the building of which the premises are apart, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless except when such damage or injury is caused by the negligent or intentional acts or omissions of Landlord's negligence. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of the Projectbusiness park in which the Premises are located. Nothing contained herein shall be construed as limiting the right of Tenant to proceed against other third parties for any injury or damage caused to Tenant.
Appears in 1 contract
Exemption of Landlord from Liability. Except to the extent caused by Landlord's gross negligence or willful misconduct, Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages therefrom or for loss of or damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's employees, invitees, customers, sublesseesor any other person in or about the Premises or the Office Building Project, agents, occupants, contractors, or nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, agents or contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premises, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether said such damage or injury results from conditions arising upon the Premises, or upon other portions of the Office Building Project, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Office Building Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless caused by the negligent or intentional acts or omissions of Landlord. inaccessible, Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant, occupant or user of the Office Building Project, nor from the failure of Landlord to enforce the provisions of any other lease of any other tenant of the Office Building Project.
Appears in 1 contract
Samples: Standard Office Lease (Omp Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's ’s business or any loss of income or other consequential damages therefrom or for damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's ’s employees, invitees, customers, sublessees, agents, occupants, contractors, or injury to the person of Tenant, Tenant's employees, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Leased Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors, 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, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Leased Premises or upon other portions of the Leased Premises, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant unless Tenant. Landlord’s exemption from liability shall cease in any circumstance whereby Landlord knew of or caused by a potentially harmful or defective condition in or about the negligent or intentional acts or omissions of Landlord. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the ProjectLeased Premises.
Appears in 1 contract
Samples: Lease Agreement
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant's business or any loss of income or other consequential damages therefrom, including without limitation from any relocation by Landlord of Tenant within the Building, or for damage to the inventorygoods, fixtureswares, furnishings, improvements merchandise or other property of Tenant, Tenant's employees, invitees, customers, sublesseesrepresentatives, agents, occupantsinvitees, contractorscustomers or any other person in, on or about the Premises or Building, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, representatives, agents, contractors, occupants, invitees, customers, sublessees, or any other person in or about the Premisesinvitees, whether any such damage or injury is caused by or results from fire, steam, electricity, gas, water water, snow, hail or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-air conditioning or lighting fixtures, or from any other cause whatsoevercause, and whether the said damage or injury results from conditions arising upon the PremisesPremises or any other cause, and whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant Landlord or Tenant, unless such injury, loss of income or damage is caused by the negligent or intentional acts or omissions of Landlord's negligence. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of the ProjectBuilding. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damages arises out of the negligence of Landlord.
Appears in 1 contract
Samples: Commercial Lease (McData Corp)