Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 4 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord PartiesParties that is not covered, or required to covered under this Lease, by Tenant’s insurance (which for purposes hereof shall be deemed to include any deductibles and self-insurance amounts), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 4 contracts
Samples: Standard Office Lease, Office Lease (ASC Acquisition LLC), Standard Office Lease (Horizon Pharma, Inc.)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 3 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Entropic Communications Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the Landlord Parties, for damage that may be sustained by person or the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect (passive or inaction active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s negligence (active or passive), gross negligence (active or passive), or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.
Appears in 3 contracts
Samples: Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc)
Exemption of Landlord from Liability. Landlord Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Parties Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of Landlord nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Appears in 3 contracts
Samples: Lease (Aytu Biopharma, Inc), Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, Inc.)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, ’s business or any loss of income therefrom, however occurring (including, including without limitation, limitation from any failure or interruption relocation by Landlord of services or utilities or Tenant within the Building (except as a result of Landlord's negligenceexpressly provided otherwise in Section 20), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant’s employees, representatives, agents, invitees, customers, agents, or contractors, customers or any other person in, on or about the Premises directly or indirectly Building, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, representatives, agents, customers, or invitees, whether any such damage or injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systemsfrom any other cause, or from intrabuilding cabling or wiring, and whether such the said damage or injury results from conditions arising upon the Premises or any other cause, and whether the said damage or injury results from conditions arising upon other portions of the Project Premises or Building, 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 Landlord or Tenant, unless such injury, loss of income or damage is caused by Landlord’s gross negligence. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction 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 gross negligence of Landlord.
Appears in 2 contracts
Samples: Office Lease (Zendesk, Inc.), Office Lease (Zendesk, Inc.)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, systems or from intrabuilding cabling or wiringnetwork cable, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant, except in connection with damage or injury resulting from the negligence or willful misconduct of Landlord, or its authorized agents. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services, and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes.
Appears in 2 contracts
Samples: Standard Office Lease (United Online Inc), Standard Office Lease (Netzero Inc)
Exemption of Landlord from Liability. Except to the extent caused by Landlord’s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and the Landlord Parties shall not be liable for for, any of the matters set forth in the preceding Paragraph or any of the following: injury to Tenant's ’s business, loss of income from such business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from to the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise merchandise, or other property or the person of Tenant, its employees, invitees, customers, agents, or contractorsTenant’s Invitees, or any other person persons in, on upon, or about the Premises directly Premises, whether such damage, loss, or indirectly injury is caused by or resulting results from any cause whatsoever, including, but not limited tocriminal acts, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sewer lines, sprinklers, wires, appliances, plumbing, air conditioning, light air-conditioning or lighting fixtures, or mechanical or electrical systemsany other cause, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises Premises, or upon other portions of the Project or from other sources or places places, and regardless of whether the cause of such damage damage, loss, or injury or the means of repairing the same such damage, loss, or injury is inaccessible to Tenant. Landlord and In connection with the Landlord Parties foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the California Civil Code (which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. This Lease shall not be liable affected or impaired by any change to Tenant for any damages arising from part of the Project or any willful sidewalks, streets or negligent action or inaction of any other tenant of improvements nearby the Project.
Appears in 2 contracts
Samples: Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, ’s business or any loss of income therefromtherefrom or for loss of or damage to Tenant’s Property, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its ’s employees, invitees, customers, agents, contractors or contractorsinvitees, or any other person in, on in or about the Premises directly Project, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents, contractors or indirectly invitees, whether such damage or injury is caused by or resulting results from any cause whatsoever, whatsoever including, but not limited to, theft, criminal activity at the Project, negligent security measures, bombings or bomb scares, Hazardous Materials, fire, steam, electricity, gas, waterwater or rain, or rain which may leak or flow from or into any part flooding, breakage of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such said damage or injury results from conditions arising upon the Premises or upon other portions of the Project Project, or from other sources or places and regardless places, or from new construction or the repair, alteration or improvement of whether any part of the Project, unless the cause of such the damage or injury arises out of Landlord’s or the means of repairing the same is inaccessible to Tenantits employees’, agents’ or contractors’ grossly negligent or intentional acts. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect of any employees, agents, contractors or inaction invitees of any other tenant, occupant or user of the Project, nor from the failure of Landlord to enforce the provisions of the lease of any other tenant of the Project. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to Tenant’s Property or business or injury to persons in, upon or about the Project arising from any cause, excluding Landlord’s gross negligence or the gross negligence of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord, its employees, agents and contractors.
Appears in 2 contracts
Samples: Office Lease (Ladenburg Thalmann Financial Services Inc), Office Lease (Ladenburg Thalmann Financial Services Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall extent caused by the active (but not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross passive) negligence or willful misconduct of Landlord, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Business Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project Building or from other sources Business Center. Notwithstanding Landlord’s negligence (active or places and regardless passive), gross negligence (active or passive), or breach of whether the cause this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of such income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury or the means of repairing the same is inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for any damages persons arising from any willful act of God or negligent action war, violence or inaction insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of any other tenant of the Projectterrorism, and/or riots.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant hereby agrees ------------------------------------ that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant's employees, invitees, customers, agents, or contractors, or any other person in, on in or about the Premises directly or indirectly Premises, for any reason whatsoever (other than a breach of this Lease caused by Landlord's willful misconduct); nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or resulting contractors, whether such damage or injury is caused BY or results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, wind or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systemsrobbery, assault, or from intrabuilding cabling or wiringtheft, whether such the said damage or injury results from conditions arising upon the Premises or upon other portions of the Project Project, 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant tenant, if any, of the Project. In the event Landlord installs a security system in the Project or engages the services of a professional security provider, such action shall in no way increase Landlord's liability for occurrences and/or consequences such a system is designed to avert or detect.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, the Building, the Common Area or other portions of the Project arising from any cause, and Tenant hereby expressly releases Landlord and the waives all claims in respect thereof against Landlord, excepting only such claims are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord Parties shall not be liable for injury to Tenant's business, business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property to txx xxxperty of Tenant, its employees, invitees, customers, agents, or contractorsinjury to or illness or death of Tenant or any Tenant Party, or any other person in, on in or about the Premises directly Premises, the Building, the Common Area or indirectly the Project, whether such damage, illness or injury is caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction leakage or other defects of the pipes, sprinklers, wires, appliances, plumbing, ventilation, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systemsfrom any other cause, or from intrabuilding cabling or wiringand whether said damage, whether such damage illness or injury results from conditions arising upon the Premises or Premises, upon other portions of the Project Building or from other sources or places places, and regardless of whether the cause of such damage damage, illness or injury or the means of repairing the same is inaccessible to Tenant, excepting only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant nox xx xxxble for any damages arising from any willful act or negligent action or inaction neglect of any contractor or other tenant tenant, if any, of the ProjectBuilding or the Project or Landlord's failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Office Lease (Ipayment Inc)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord Landlord, or the Landlord Partiesits authorized agents, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, systems or from intrabuilding cabling or wiringnetwork cable, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services, and Tenant hereby waives all claims based thereon. Landlord shall not be liable to Tenant for losses due to theft, vandalism, or like causes.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant hereby agrees that ------------------------------------ Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, business or any loss of income therefrom, however occurring (including, including without limitation, limitation from any failure or interruption relocation by Landlord of services or utilities or Tenant within the Building (except as a result of Landlord's negligenceexpressly provided otherwise in Section 20), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant's employees, representatives, agents, invitees, customers, agents, or contractors, customers or any other person in, on or about the Premises directly or indirectly Building, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, representatives, agents, customers, or invitees, whether any such damage or injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systemsfrom any other cause, or from intrabuilding cabling or wiring, and whether such the said damage or injury results from conditions arising upon the Premises or any other cause, and whether the said damage or injury results from conditions arising upon other portions of the Project Premises or Building, 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 Landlord or Tenant, unless such injury, loss of income or damage is caused by the Landlord's gross negligence. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction 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 gross negligence of Landlord.
Appears in 1 contract
Exemption of Landlord from Liability. If the Premises, the Building, or the Common Area, or any part thereof, is damaged by fire or other cause against which Tenant is required to carry insurance pursuant to this Lease, Landlord and the Landlord Parties shall not be liable to Tenant for injury to Tenantany loss, cost or expense (including attorney's businessfees) arising out of or in connection with such damage. Tenant hereby releases Landlord, or loss of income therefromits directors, however occurring (includingofficers, without limitationshareholders, partners, employees, agents and representatives, from any failure liability, claim or interruption action arising out of services or utilities or as a result of Landlord's negligence), or, except in connection with such damage. Furthermore, Tenant shall, pursuant to Article 17, maintain insurance against loss, injury, or damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that which may be sustained by the person, goods, wares, merchandise or property of Tenant, its agents, contractors, employees, invitees, invitees or customers, agents, or contractors, or any other person in, on in or about the Premises directly or indirectly Premises, caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain rain, which may leak or flow from or into any part of the PremisesPremises or the Building, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, conditioning or mechanical or electrical systems, or from intrabuilding cabling or wiringlighting fixtures of the same, whether such damage or injury results from conditions arising upon within the Premises or upon other portions of the Project Building, or from other sources sources, and Landlord shall not be liable therefor, unless caused by Landlord's negligence or places wrongful act, and regardless of whether in that event only to the cause of such damage or injury or extent not covered by the means of repairing the same insurance which Tenant is inaccessible required to Tenantcarry pursuant to this Lease. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from out of or in connection with any willful act or negligent action or inaction omission of any other tenant in the Project or for losses due to theft or burglary or other wrongful acts of the Projectthird parties.
Appears in 1 contract
Samples: Office Lease (Trimark Holdings Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from extent caused by the gross active or gross passive negligence or willful misconduct of Landlord, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect (passive or inaction active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. Except to the extent actually reimbursed by policies of insurance actually carried by Landlord or which would have been reimbursed by policies required to be carried by Landlord pursuant to this Lease, notwithstanding Landlord’s negligence (active or passive), gross negligence (active or passive), or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.
Appears in 1 contract
Samples: Industrial Lease (InvenSense Inc)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about orabout the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or and willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Samples: Lease Agreement (Oncorus, Inc.)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence)utilities, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord PartiesParties (provided that in such case Landlord’s liability shall be limited to amounts not covered by insurance carried by Tenant or required to be carried by Tenant pursuant to this Lease), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Samples: Standard Office Lease (United Business Holdings, Inc)
Exemption of Landlord from Liability. Tenant hereby ------------------------------------ agrees that Landlord and the Landlord Parties shall not be liable for injury to TenantXxxxxx's business, business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant's employees, invitees, customers, agents, or contractors, or any other person in, on in or about the Premises directly Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or indirectly contractors, whether such damage or injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such the said damage or injury results from conditions arising upon the Premises or upon other portions of the Project Buildings of which the Premises are a part, 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; provided, however, that nothing in this Lease shall relieve Landlord from liability for (a) breach of this Lease by Landlord, (b) its negligence or willful misconduct or omissions or (c) the negligence or willful misconduct or omissions of its employees and agents. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant tenant, if any, of the ProjectBuilding, the Project or of any subtenant of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Pharmacopeia Inc)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be ------------------------------------ liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents (in which case Landlord shall be responsible for such damage to the extent not covered by insurance required to be carried by Tenant under this Lease or the Landlord Partiesactually carried by Tenant), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, systems or from intrabuilding cabling or wiringnetwork cable, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and the Tenant hereby waives all claims based thereon. Landlord Parties shall not be liable for losses due to Tenant for any damages arising from any willful theft, vandalism, or negligent action or inaction of any other tenant of the Project.like causes. Initials: ___________________ ___________________
Appears in 1 contract
Samples: Standard Office Lease (Newport Corp)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant's employees, invitees, customers, agents, or contractors, or any other person in, on in or about the Premises directly Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or indirectly contractors, whether such damage or injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steamstream, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such the said damage or injury results from conditions arising upon the Premises or upon other portions of the Project building of which the 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 TenantTenant except when such damage or injury is caused by Landlord's negligence or that of its servants, agents or employees. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant tenant, if any, of the Projectbuilding in which the Premises are located, unless Landlord has actual notice or knowledge of same and fails to use efforts determined by Landlord in its sole and absolute discretion to be reasonable to prevent or restrain the wrongful act or omission of said other tenant.
Appears in 1 contract
Samples: Net Industrial Lease (Sabratek Corp)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, ’s business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise merchandise, or other property of Tenant, its Tenant’s employees, invitees, customers, or any other person in or about the Premises or the Industrial Center, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents, or contractors, whether such damage or any other person in, on or about the Premises directly or indirectly injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such said damage or injury results from conditions arising upon the Premises or upon other portions of the Project Industrial Center, 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant Tenant, occupant, or user of the ProjectIndustrial Center, nor from the failure of Landlord to enforce the provisions of any other lease of the Industrial Center. The foregoing exemption of Landlord from liability shall not extend to any liability of Landlord arising out of the gross negligence or willful misconduct of Landlord or Landlord’s employees or agents.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for ------------------------------------ injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord Landlord, or the Landlord Parties, its authorized agents for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person inperson, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, fixtures or mechanical or electrical systems, systems or from intrabuilding cabling or wiringnetwork cable, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of the Projectbuilding. Tenant acknowledges that Landlord `s election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord `s discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes.
Appears in 1 contract
Samples: Office Lease (E Perception Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from extent caused by the gross active or gross passive negligence or willful misconduct of Landlord, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant's employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from"(i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect (passive or inaction active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord's negligence (active or passive), gross negligence (active or passive), or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations or injury to persons in, upon or about the Premises, the Building, the Common Area or other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except such claims as are caused solely by Landlord's gross negligence or wilful misconduct. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to TenantXxxxxx's business, business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or property of Tenant, its or injury to or death of Xxxxxx, Tenant's employees, invitees, customers, agents, agents or contractors, contractors or any other person in, on in or about the Premises directly Premises, the Building, the Common Area or indirectly the Project, whether such damage or injury is caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction leakage or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical the interruption or electrical systems, failure of telephone services to the Premises; or from intrabuilding cabling or wiringany other cause, whether such said damage or injury results from conditions arising upon the Premises or Premises, upon other portions of the Project Building 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, except damage or injury caused solely by Landlord's gross negligence or wilful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant tenant, if any, of the ProjectBuilding or the Project or Landlord's failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Office Lease (Puma Technology Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, extent such matters both (a) arise from or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of are caused by Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct and (b) are not covered by insurance of the injured party, including the insurance required to be maintained by Tenant under this Lease (or if Tenant fails to maintain such coverage, which would have been covered if such insurance had been maintained as required), Landlord and Landlord's Affiliates shall not be liable under any circumstances for damage, injury to Tenant's business or loss of income therefrom or for damage, injury or loss of the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise merchandise, vehicles or other property of Tenant, its Tenant's employees, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly or indirectly any other part of the Project or death or injury to the person of Tenant, Tenant's employees, agents or contractors or to Tenant's property, whether such damage or injury is caused by or resulting results from acts or omissions of Landlord or any cause whatsoeverof Landlord's Affiliates, includingwhether negligent, but not limited tocriminal acts, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project Building or the Project, or from other sources or places appurtenant to the Premises and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for , including any damages arising from any willful act or negligent action or inaction neglect of any other tenant of the Project, or from any other cause whatsoever.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord PartiesParties (provided that in such case Landlord’s liability shall be limited to amounts not covered by insurance carried by Tenant or required to be carried by Tenant pursuant to this Lease), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Samples: Standard Office Lease (Move Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s violation of this Lease, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the Landlord Parties, for damage that may be sustained by person or the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s negligence, gross negligence, or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except to the extent in connection with damage or injury resulting from the sole gross negligence or and willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the ProjectBuilding.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, ’s business or any loss of income therefrom, however occurring (including, without limitation, from any failure therefrom or interruption for loss of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from to the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or other property of Tenant, its Tenant’s employees, invitees, customers, agents, or contractors, or any other person in, on in or about the Premises directly or indirectly caused by the Office Building Project, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringcontractors, whether such damage or injury is caused by or results from (a) fire, accident or occurrences or conditions arising in or upon the Premises or upon other portions the Building: (b) inconvenience or annoyance arising from the necessity of repairing any portion of the Project or from other sources or places and regardless of whether the cause of such damage or injury Building or the means Premises; (c) the interruption for any reason in the use of repairing the same Premises; or (d) the termination of this Lease by reason of the destruction of the Premises or the Building in which it is inaccessible situated. This limitation shall include, but not be limited to. such claims for damage resulting from (i) any defect or shortcoming in or failure of plumbing, heating or air conditioning or ventilation systems, elevators, electric wiring or installation thereof, water pipes, stairs, railings of walks; (ii) any equipment or appurtenances becoming out of repair, (iii) the bursting, leaking or running of any tubing, radiant panel, fire sprinkler system, electric fixture, valve, fitting, tank, washstand. water closet, waste pipe, drain or any other pipe or tank or any other water and/or moisture related release and/or condition and any and all consequences and/or conditions relating from same, upon or about the Premises of the Building; (iv) the backing up of any sewer pipe or downspout; (v) the escape of steam, hot or cold water; (vi) water, snow or ice being upon or coming through the roof of the Building or any other place upon or near the Premises; (vii) the failing of any fixture, brick, plaster or stucco; (vii) broken glass; (ix) any act or omission of cotenants or other occupants of the Building; (x) the exercise of any rights by Landlord under this Lease; or (xi) any act or omission of parties other than Landlord, its employees, agents, officers, directors, shareholders and servants. Notwithstanding the provisions of Paragraphs 8.7 and 8.8 hereof, if Landlord, its officers, directors, shareholders, employees, contractors, servants and/or agents are found liable to TenantTenant or any person or entity claiming under it. Landlord Landlord’s liability, as well as that of its officers, directors, shareholders, employees, contractors, servants and/or agents, shall be limited to Landlord’s interest in the Building in which the Premises are located, and the Landlord Parties Tenant and those claiming under it shall not be liable entitled to Tenant for any damages arising from any willful sxx Landlord or negligent action or inaction of pursue any other tenant property of the ProjectLandlord, its officers, directors, shareholders, employees, contractors, servants and/or agents.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result extent of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct orbreachofthis Agreement, TenantherebyagreesthatLandlordshallnot be liablefor injurytoTenant's business or any loss of Landlord income there from or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or other property of Tenant, its Tenant's employees, invitees, customers, agents, or contractors, or any other person in, on in or about the Premises, nor shall Landlord be liable for injury to the person of Tenant, Xxxxxx's employees, agents or contractors, as a result of any condition of the Premises directly or indirectly the Building, whether such damage or injury is caused by or resulting results from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, waterorrain,orfromthebreakage,leakage, obstruction or other ,obstructionorother defects of the pipesofpipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical from any other cause in or electrical systems, or from intrabuilding cabling or wiringabout the Premises, whether such damage or thesaiddamageor injury results from conditions arising upon in the Premises or upon other portions of the Project or from other sources or places and in otherportionsofthe BuildingofwhichthePremises areapart, orfromothersourcesor placesand regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Except to the extent of Xxxxxxxx's negligence, willful misconduct or breach of this Agreement, Landlord and the Landlord Parties shall not shallnot be liable to Tenant for any damages liableforanydamages arising from any willful fromanyact or negligent action or inaction of any neglectofany other tenant tenant, if any, of the ProjectBuilding in which the Premises are located.
Appears in 1 contract
Samples: Lease Agreement
Exemption of Landlord from Liability. Except as otherwise specifically provided in this Lease and/or to the extent caused by Landlord's, or Landlord's agents', property manager's, or employees', negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and the Landlord Parties shall not be liable for for, any of the matters set forth in the preceding Paragraph or any of the following, except to the extent caused by Landlord's, or Landlord's property manager's, agents' or employees', grossly negligent acts or willful misconduct: injury to Tenant's business, or loss of income therefromfrom such business, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from to the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise merchandise, or other property or the person of Tenant, its employees, invitees, customers, agents, or contractorsTenant's Invitees, or any other person persons in, on upon, or about the Premises directly Premises, whether such damage, loss, or indirectly injury is caused by or resulting results from any cause whatsoever, including, but not limited tocriminal acts, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sewer lines, sprinklers, wires, appliances, plumbing, air conditioning, light air-conditioning or lighting fixtures, or mechanical or electrical systemsany other cause, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises Premises, or upon other portions of the Project or from other sources or places places, and regardless of whether the cause of such damage damage, loss, or injury or the means of repairing the same such damage, loss, or injury is inaccessible to Tenant. Landlord and In connection with the Landlord Parties foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the California Civil Code (which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. Except as otherwise provided in this Lease, this Lease shall not be liable affected or impaired by any change to Tenant for any damages arising from part of the Project or any willful sidewalks, streets, or negligent action or inaction of any other tenant of improvements nearby the Project.
Appears in 1 contract
Samples: Modified Gross Office Lease (Bridgepoint Education Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, ’s business or any loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), therefrom or, except as may otherwise be expressly provided in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Partiesthis Lease, for loss of or damage that may be sustained by to the personmerchandise, goodstenant improvements, waresfixtures, merchandise furniture, equipment, computers, files, automobiles, or other property of Tenant, its Tenant’s employees, invitees, customers, agents, contractors or contractorsinvitees, or any other person in, on in or about the Premises directly or indirectly caused by or resulting from any cause whatsoeverProperty. In addition, includingLandlord shall notincluding, but not limited to, theft, criminal activity at the Property, bombings or bomb scares, Hazardous Substances (as defined below), fire, steam, electricity, gas, waterwater or rain, or rain which may leak or flow from or into any part flooding, breakage of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiringany other cause, whether such said damage or injury results from conditions arising upon the Premises or upon other portions of the Project Property, or from other sources or places and regardless of whether the cause of such damage places, or injury from new construction or the means repair, alteration or improvement of repairing any part of the same is inaccessible to TenantProperty. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect of any employees, agents, contractors or inaction invitees of any other tenant, occupant or user of the Property, nor from the failure of Landlord to enforce the provisions of the lease of any other tenant of the Project.Property. Except as may otherwise expressly provided in this Lease, Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to Tenant’s property or business, in, upon or about the Property arising from any cause, except Landlord’s negligence or the negligence of its employees or agents
Appears in 1 contract
Samples: Lease Agreement (Nitromed Inc)
Exemption of Landlord from Liability. Tenant assumes responsibility for the condition of the Premises, and agrees to save Landlord and the Landlord Parties shall not be liable for harmless from any liability arising from injury to person or damage to property in or about he Premises, whether occasioned by any act or omission of Tenant's businessagents, servants, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from visitors. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage to the person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant's employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly or indirectly caused by or resulting Premises, Building or. Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of Landlord nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages.
Appears in 1 contract
Exemption of Landlord from Liability. Except to the extent caused by Landlord's grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and the Landlord Parties shall not be liable for for, any of the matters set forth in the preceding Paragraph or any of the following: injury to Tenant's business, or loss of income therefromfrom such business, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from to the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise merchandise, or other property or the person of Tenant, its employees, invitees, customers, agents, or contractorsTenant's Invitees, or any other person persons in, on upon, or about the Premises directly Premises, whether such damage, loss, or indirectly injury is caused by or resulting results from any cause whatsoever, including, but not limited tocriminal acts, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, sewer lines, sprinklers, wires, appliances, plumbing, air conditioning, light air-conditioning or lighting fixtures, or mechanical or electrical systemsany other cause, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises Premises, or upon other portions of the Project or from other sources or places places, and regardless of whether the cause of such damage damage, loss, or injury or the means of repairing the same such damage, loss, or injury is inaccessible to Tenant. Landlord and In connection with the Landlord Parties foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the California Civil Code (which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. This Lease shall not be liable affected or impaired by any change to Tenant for any damages arising from part of the Project or any willful sidewalks, streets or negligent action or inaction of any other tenant of improvements nearby the Project.
Appears in 1 contract
Samples: Office Lease Agreement (Adamis Pharmaceuticals Corp)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, systems or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord person or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its Tenant’s employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantIndustrial Center. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of Landlord nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project Building or from other sources or places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant; provided, however, that the foregoing shall not constitute a waiver of claims to the extent arising out of Landlord's Liabilities; provided further that Landlord shall in no event be liable for injury to Tenant's business, or loss of income or profit therefrom. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action or inaction neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Building is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Except to the extent caused by Landlord's gross negligence or willful misconduct, Landlord shall not be liable for losses due to theft, vandalism, or like causes.
Appears in 1 contract
Samples: Standard Office Lease (Netgear Inc)
Exemption of Landlord from Liability. Landlord and Except to the Landlord Parties shall not be liable for injury to Tenant's business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or Landlord's employees or agents, neither Landlord nor Landlord Entities shall be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the Landlord Parties, for damage that may be sustained by person or the person, goods, wares, merchandise or property of Tenant, its Tenant's employees, contractors, invitees, customers, agents, or contractors, customers or any other person in, on in or about the Premises directly Premises, Building or indirectly caused by or resulting R&D Park from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioningconditioning or lighting fixtures or (ii) from the condition of the Premises, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 TenantR&D Park. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful act or negligent action neglect (passive or inaction active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the Projectfailure by Landlord to enforce the provisions of any other lease in the R&D Park. Notwithstanding Landlord's negligence (active or passive), gross negligence (active or passive), or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.
Appears in 1 contract
Exemption of Landlord from Liability. Notwithstanding anything to the contrary set forth in this Lease Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income income, loss of opportunity or loss of goodwill therefrom, or any consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or. Without limiting the foregoing, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, including but not limited to, to fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Samples: Office Lease (Wowio, Inc.)
Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to its property and for illness or injury to persons in and upon the Premises, and Tenant's exclusive parking areas, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only to the extent such claims are caused by Landlord's negligence or willful misconduct, or arise under other indemnifications given by Landlord Parties in this Lease. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business, business or any loss of income therefrom, however occurring (including, without limitation, there from any failure or interruption of services or utilities or as a result of Landlord's negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by to the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, injury to or illness or death of Tenant or any Tenant Party or any other person inwithin the Premises, on whether such damage, illness or about the Premises directly or indirectly injury is caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, water or rain which may leak or flow from or into any part of the Premisesrain, or from the breakage, leakage, obstruction leakage or other defects of the pipes, sprinklers, wires, appliances, ventilation, plumbing, air conditioning, light conditioning or lighting fixtures, or mechanical or electrical systemsfrom any other cause, or from intrabuilding cabling or wiringand whether said damage, whether such damage illness or injury results from conditions arising upon the Premises or Premises, upon other portions of the Project Building or from other sources or places places, and regardless of whether the cause of such damage damage, illness or injury or the means of repairing the same is inaccessible to Tenant. , except only damage, illness or injury to the extent caused by Landlord's negligence or willful misconduct, or obligations arising under other indemnifications given by Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Projectin this Lease.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Standard Register Co)
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, contractors or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 in inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord and the Landlord Parties shall not be liable for injury to Tenant's ’s business, or loss of income therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's ’s negligence), or, except in connection with damage or injury to the extent resulting from the gross negligence or willful misconduct of Landlord or the Landlord PartiesParties (provided that in such case Landlord’s liability shall be limited to amounts not covered by insurance carried by Tenant or required to be carried by Tenant pursuant to this Lease), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project 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 and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project.
Appears in 1 contract