Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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 6 contracts
Samples: Lease Agreement (Suntek Corp), Lease (Harmonic Inc), Industrial Multi Tenant Lease (Brightstar Corp.)
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence for Landlord's willful or willful misconduct of Landlordgrossly negligent conduct, Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities injury to Tenant's business or loss of income therefrom or for injury or damage to the person goods, wares, merchandise, or the other property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the Premises; nor shall Landlord be liable for injury to the person of Tenant, Building Tenant's employees, agents, contractors, or Industrial Center from any cause whatsoeverinvitees, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures fixtures, or (ii) from any other cause, whether such damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building building in which the Premises are a part, or Industrial Centerfrom any other sources or places. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce building in which 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 damagesPremises are located.
Appears in 4 contracts
Samples: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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: Industrial Multi Tenant Lease (Cost U Less Inc), Lease (Adaptive Broadband Corp), Commercial Lease Agreement (Asd Systems Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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: Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Learningstar Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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 2 contracts
Samples: Lease (Kyphon Inc), Lease (Kyphon Inc)
Exemption of Landlord from Liability. Except to Tenant hereby agrees that Landlord and the extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities Parties (defined below) shall not be liable for and Tenant waives injury to Txxxxx’s business or any claims against Landlord Entities loss of income or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant's ’s employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building unless such injuries result from the gross negligence or Industrial Center from any cause whatsoeverwillful misconduct of Landlord. Landlord and the Landlord Parties shall not be liable for injury to the person of Tenant, includingTenant’s employees, but not limited to, agents or contractors and invitees for damage or injury which is caused by or results resulting from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether that said damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building Land, or Industrial Centerfrom other sources or places, unless such damage or injury is caused by the gross negligence or willful misconduct of Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce Building or 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 damagesLand.
Appears in 2 contracts
Samples: Lease (Above Food Ingredients Inc.), Lease (Above Food Ingredients Inc.)
Exemption of Landlord from Liability. Except To the extent permitted by applicable law and except to the extent caused by the gross negligence or willful misconduct of Landlord, the Landlord Entities shall not be liable for and Tenant waives hereby WAIVES any claims against the Landlord Entities for injury or damage to the person or the property of Tenant, TenantXxxxxx's employees, contractors, invitees, customers or any other person in or about the Premisesdemised demised premises, Building the Building, or Industrial Center the Property from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from from: (ia) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures; or (iib) from the condition of the Premisesdemised premises, other portions of the Building or Industrial Centerthe Property. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterProperty. Notwithstanding Landlord's negligence or breach of this Leaselease, to the extent permitted by applicable law, 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 2 contracts
Samples: Warehouse Lease, Warehouse Lease
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employeesTenant Entities, contractors, invitees, customers or any other person in or about the Premises, Building Building, or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (ia) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction seepage, back up of sewers or drains, obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures or (iib) from the condition of the Premises, other portions of the Building Building, or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in of which Landlord is the Industrial Centerlandlord. Notwithstanding Except with respect to Landlord's ’s gross negligence or breach of this Leasewillful misconduct, Landlord shall under no circumstances not be liable for injury to Tenant's ’s business, for any loss of income or profit therefrom therefrom, or any indirect, consequential consequential, or punitive damages.
Appears in 2 contracts
Samples: Industrial Lease (CAPSTONE TURBINE Corp), Industrial Lease (Capstone Turbine Corp)
Exemption of Landlord from Liability. Except to the extent caused by the in connection with Landlord’s gross negligence or willful misconduct of Landlordmisconduct, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for damage or injury or damage to the person person, business (or the any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's ’s employees, contractors, invitees, customers or any other person in or about the PremisesProperty, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from from: (ia) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (iic) from conditions arising in or about the condition of the Premises, Property or upon other portions of the Building Project, or Industrial Centerfrom other sources or places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any damages arising from any act such damage or neglect injury even though the cause of any other tenant or the means of Landlord nor from the failure by Landlord repairing such damage or injury are not accessible to enforce the Tenant. The provisions of any other lease in the Industrial Center. Notwithstanding this Section 6.02 shall not exempt Landlord's , Landlord’s agents, representatives, and contractors, from liability for Landlord’s gross 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 damageswillful misconduct.
Appears in 1 contract
Samples: Lease Agreement (Guitar Center Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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
Samples: Industrial Multi Tenant Lease (SBS Technologies Inc)
Exemption of Landlord from Liability. 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 goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures fixtures, or (ii) from the condition of any other cause, whether such injury or damage results from conditions arising upon the Premises, or from other portions sources or places[, other than damages proximately caused by reason of the Building Landlord's breach of this Lease, willful acts or Industrial Centeromissions or gross negligence and not covered by insurance required to be carried by Tenant under this Lease. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenants of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterLandlord. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, business or for any loss of income or profit therefrom or any indirect, consequential or punitive damagestherefrom.
Appears in 1 contract
Samples: Lease (Therma Wave Inc)
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities loss of income therefrom, or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant's employees, contractors, invitees, customers customers, guests, or any other person in or about the Premises; nor shall Landlord be liable to the person of Tenant, Building Tenant's employees, agents or Industrial Center from any cause whatsoever, including, but not limited to, contractors whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air air-conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether such damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building building of which the Premises are a part, or Industrial Centerfrom other sources or places, regardless of whether the cause of such damage or injury or the means of repairing same is inaccessible to Tenant other than those damages or injuries resulting from Landlord's gross negligence, willful misconduct or breach of the Lease. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce building or complex in which 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 damagesPremises are located.
Appears in 1 contract
Samples: Standard Industrial Lease (Metatec International Inc)
Exemption of Landlord from Liability. 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 goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether said injury or damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building of which the Premises are a part, from other sources or Industrial Centerplaces, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant Tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterBuilding Complex. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, business or for any loss of income or profit therefrom therefrom, or for any indirectconsequential damages of Tenant. Notwithstanding anything to the contrary contained herein, consequential or punitive damagesLandlord's liability under this Lease shall be limited to its interest in the Building Complex.
Appears in 1 contract
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities LANDLORD shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage to the person or the goods, wares, merchandise or other property of TenantTENANT, Tenant's TENANT'S employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said injury or damage results from conditions arising upon the Premises, Premises or upon other portions of the Building building of which the Premises are a part, or Industrial Centerfrom other sources or places. Landlord LANDLORD shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord LANDLORD nor from the failure by Landlord of LANDLORD to enforce the provisions of any other lease in for any of the Industrial CenterPremises, if any. Notwithstanding Landlord's LANDLORD'S negligence or breach of this Lease, Landlord LANDLORD shall under no circumstances be liable for injury to Tenant's business, TENANT'S business or for any loss of income or profit therefrom or any indirect, consequential or punitive damagestherefrom.
Appears in 1 contract
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence for Landlord's willful or willful misconduct of Landlordnegligent conduct, Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities injury to Tenant's business or loss of income therefrom or for injury or damage to the person goods, wares, merchandise, or the other property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, contractors, or Industrial Center from any cause whatsoeverinvitees, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning air-conditioning, or lighting fixtures fixtures, or (ii) from any other cause, whether such damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building building in which the Premises are a part, or Industrial Centerfrom any other sources or places. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce building in which 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 damagesPremises are located.
Appears in 1 contract
Exemption of Landlord from Liability. 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 goods, wares, merchandise or other property of Tenant, Tenant's ’s employees, contractors, invitees, customers or any other person other than Landlord or Landlord’s Agents in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said injury or damage results from conditions arising upon the Premises, Premises or upon other portions of the Building building of which the Premises are a part, or Industrial Centerfrom other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterLandlord. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, ’s business or for any loss of income or profit therefrom therefrom, except where caused by the gross negligence or any indirect, consequential willful misconduct of Landlord or punitive damagesLandlord’s Agents.
Appears in 1 contract
Exemption of Landlord from Liability. 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 damage or injury or damage to the person person, business (or the any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the PremisesProperty, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from from: (ia) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (iic) from conditions arising in or about the condition of the Premises, Property or upon other portions of any building of which the Building Property is a part, or Industrial Centerfrom other sources or places; or (d) any act or omission of any other tenant of any building of which the Property is a part. Landlord shall not be liable for any damages arising from any act such damage or neglect injury even though the cause of any other tenant or the means of Landlord nor from the failure by Landlord repairing such damage or injury are not accessible to enforce the Tenant. The provisions of any other lease in the Industrial Center. Notwithstanding this Section 6.02 shall not, however, exempt Landlord from liability for 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 damageswillful misconduct.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Corporate Property Associates 12 Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employeesTenant Entities, contractors, invitees, customers or any other person in or about the Premises, Building Building, or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (ia) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction seepage, back up of sewers or drains, obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures or (iib) from the condition of the Premises, other portions of the Building Building, or Industrial Center. , Landlord shall not be liable for any damages arising from From any act or neglect of any other tenant of Landlord nor from the failure 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 therefrom, or any indirect, consequential consequential, or punitive damages.
Appears in 1 contract
Exemption of Landlord from Liability. Except To the extent permitted by applicable law and except to the extent caused by the gross negligence or willful misconduct of Landlord, the Landlord Entities shall not be liable for and Tenant waives hereby WAIVES any claims against the Landlord Entities for injury or damage to the person or the property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the Premisesdemised demised premises, Building the Building, or Industrial Center the Property from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from from: (ia) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures; or (iib) from the condition of the Premisesdemised premises, other portions of the Building or Industrial Centerthe Property. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterProperty. Notwithstanding Landlord's negligence or breach of this Leaselease, to the extent permitted by applicable law, 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
Samples: Warehouse Lease
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of LandlordLandlord or any of the Landlord Entities, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage to the person or the property of Tenant, Tenant's ’s employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord's ’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's ’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 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 goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said injury or damage results from conditions arising upon the Premises, Premises or upon other portions of the Building Building, or Industrial Centerfrom other sources or places. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by of Landlord to enforce the provisions of any other lease in the Industrial Shopping Center. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, business or for any loss of income or profit therefrom or any indirect, consequential or punitive damagestherefrom.
Appears in 1 contract
Samples: Lease Agreement
Exemption of Landlord from Liability. 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 goods, wares, merchandise or the other property of Tenant, Tenant's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoeverexcluding bodily injury claims, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, excluding bodily injury claims, whether said injury or damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building of which the Premises are a part, from other sources or Industrial Centerplaces, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterBuilding. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, business or for any loss of income or profit therefrom therefrom, or for any indirectconsequential damages of Tenant. Notwithstanding anything to the contrary contained herein, consequential or punitive damagesLandlord's liability under this Lease shall be limited to its interest in the Building.
Appears in 1 contract
Samples: Lease (Frontier Airlines Inc /Co/)
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of Landlord, neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury or damage to the person or the property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Corporate 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Corporate Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Corporate Center. Notwithstanding Landlord's negligence or breach of this Lease, neither Landlord nor Landlord Entities shall under no any 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
Samples: Industrial Lease (Abgenix Inc)
Exemption of Landlord from Liability. 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 goods, wares, merchandise or other property of TenantTenant or any member of the Tenant Group, Tenant's employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether said injury or damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building Industrial Center of which the Premises are a part, from other sources or Industrial Centerplaces, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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 circumstance be liable for injury to Tenant's businessTenant for special, consequential or punitive damages or for any loss of income or profit therefrom or any indirect, consequential or punitive damagesprofit.
Appears in 1 contract
Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)
Exemption of Landlord from Liability. Except to the extent caused by where such claim arises out of the gross negligence or willful misconduct of LandlordLandlord or its agent, Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant’s business or any claims against Landlord Entities loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, or injury to Tenant's ’s employees, contractors, invitees, customers customers, or any other person in on or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) accident, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning condition or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said damage or injury results from conditions arising upon the Premises, Premises or upon other portions of the Building building of which the Premises are a part or Industrial Centerfrom 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 Landlord or Tenant. Landlord shall not be liable for any damages arising from any act or of neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce building in which 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 damagesPremises are located.
Appears in 1 contract
Samples: Industrial Lease (Arcimoto Inc)
Exemption of Landlord from Liability. 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 goods, wares, merchandise or other property of Tenant, Tenant's ’s employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steamstream, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said injury or damage results from conditions arising upon the Premises, Premises or upon other portions of the Building Building, or Industrial Centerfrom other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible, except to the extent that such damage or injury is caused by the negligence or willful misconduct of Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterLandlord. Notwithstanding Landlord's ’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, ’s business or for any loss of income or profit therefrom therefrom, or for any other consequential, indirect, consequential or punitive incidental damages. 16.
Appears in 1 contract
Samples: Office Lease (Zones Inc)
Exemption of Landlord from Liability. 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 property of Tenant, Tenant's employeesTenant Entities, contractors, invitees, customers or any other person in or about the Premises, Building Building, or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (ia) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction seepage, back up of sewers or drains, obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures or (iib) from the condition of the Premises, other portions of the Building Building, or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in of which Landlord is the Industrial Centerlandlord. Notwithstanding Except with respect to Landlord's gross negligence or breach of this Leasewillful misconduct, Landlord shall under no circumstances not be liable for injury to Tenant's business, for any loss of income or profit therefrom therefrom, or any indirect, consequential consequential, or punitive damages.
Appears in 1 contract
Exemption of Landlord from Liability. Except to the extent caused by ------------------------------------ the gross active 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 property of Tenant, Tenant's employees, contractors, invitees, customers or any other person in or about the 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 or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure 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
Samples: Lease (Sonicwall Inc)