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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, 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 caused solely by Landlord’s sole or active resulting from the negligence or willful misconductmisconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesProject. 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, the Propertyand Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantlike causes.
Appears in 2 contracts
Samples: Standard Office Lease (Netzero Inc), Standard Office Lease (United Online 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Notwithstanding anything to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that contrary set forth in this Lease, Landlord and the Landlord Parties shall not be liable for injury to Tenant’s business business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any loss consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of income therefrom services or utilities or as a result of Landlord’s negligence). 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 to that may be sustained by the person. goods, wares, merchandise or property of Tenant. its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever. including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, . plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project 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 sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the negligence or willful misconduct. Tenant hereby agrees that 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 to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such 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 leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliancesapplicances, plumbing, heating, ventilating, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, tenants of the Premises, the Property, Landlord or any portion thereof, subtenant or Landlord’s assignee of such other tenants nor from the failure by Landlord to enforce the terms provisions of any agreements with parties other than 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, such as earthquakes, hurricanes, floods, etc.
Appears in 2 contracts
Samples: Industrial Multi Tenant Lease (Extend Health Inc), Industrial Multi Tenant Lease (Extend Health 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project 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 sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. 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, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee; contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.
Appears in 2 contracts
Samples: Lease Agreement, Standard Office Lease (Matchnet, 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by LandlordXxxxxxxx’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to TenantXxxxxx’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of TenantXxxxxx, TenantXxxxxx’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Notwithstanding anything to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that contrary set forth in this Lease, Landlord and the Landlord Parties shall not be liable for injury to Tenant’s business 's business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any loss consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of income therefrom services or utilities or as a result of Landlord's negligence). 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 to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project 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 sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Office Lease (Ecotality, 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, 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 damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. 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, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.
Appears in 2 contracts
Samples: Office Lease (Thomas Weisel Partners Group, Inc.), Office Lease (Thomas Weisel Partners Group, 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for and Tenant shall indemnify and hold Landlord harmless from and against all claims, losses, damages, expenses, penalties and charges arising from or in connection with any damage or injury to Tenant’s the person, business (or any loss of income therefrom therefrom), goods, wares, merchandise or for damage to the other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause; (c) the failure, whether said damage delay or injury results from diminution in the quality or quantity of any utilities or services supplied to the Premises or the Building, or (d) any conditions arising within in or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless nor shall any of whether the cause of such damage or injury or the means of repairing the same is inaccessible to be construed as an eviction of Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductnor, unless otherwise permitted under this Lease, work an abatement of Rent, nor relieve Tenant from any obligation under this Lease. Landlord shall not be liable for any damages arising such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from any act liability for Landlord's gross negligence or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantwillful misconduct.
Appears in 2 contracts
Samples: Industrial Real Estate Lease (Lillian Vernon Corp), Industrial Real Estate Lease (Spintek Gaming Technologies Inc \Ca\)
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole the gross active or active gross passive negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord or any Landlord Entity, neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such 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 leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or Industrial Center or (iii) the acts or omissions of Landlord or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductLandlord Entities. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant or occupant, if any, tenants of the Premises, the Property, Landlord or any portion thereof, subtenant or Landlord’s assignee of such other tenants nor from the failure by Landlord to enforce the terms provisions of any agreements with parties other than 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 the Property and its property including, but not limited to, Tenant’s Property and any Tenant Improvements's improvements or alterations, and if any, or illness or injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except to the extent only such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's operations or any loss of income therefrom revenue or for damage to the property of Tenant, or injury to or illness or death of Tenant, Tenant’s Parties Tenant or any Tenant Party or any other person in or about the Premises, the Property, or any portion thereof, whether such damage damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, applianceslandscaping, plumbing, air conditioning paving or lighting fixtures, or from any other cause, and whether said damage damage, illness or injury results from conditions arising within or about the Premises, upon the Property, or any portion thereof or from other sources or 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 damage only damage, illness or injury caused solely by Landlord’s sole or active 's negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act action, inaction or neglect of by any contractor or other tenant or occupanttenant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Lease and Purchase Option Agreement
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for any damage or injury to Tenant’s the person, business (or any loss of income therefrom therefrom), goods, supplies, merchandise, or for damage to the other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Premises, the Property, or any portion thereof, whether Property wether such damage or injury is caused by or results from (a) fire, steam, electricity, gaswater, water gas or rain; (b) the breakage, leakage, other defects of pipes, sprinklers, wires appliances, plumbing, air conditioning or lighting fixtures or any other cause; ( c) conditions arising in or about the Property, or from other sources or places, or (d) any act or omission of any other person. Landlord shall not be liable for any such damage or injury even though the cause of such damage or injury, or the means of repairing such damage or injury, are not accessible to Tenant. The provisions of this Section 7.02 do not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. 18 fire, steam, electricity, water, gas or rain; (b) the breakage, leakage or leakage, other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause, whether said damage or injury results from ; (c) conditions arising within in or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless or (d) any act or omission 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 sole or active negligence or willful misconductany other person. 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 such damage or occupant, if any, of the Premises, the Propertyinjury, or any portion thereofthe means of repairing such damage or injury, are not accessible to Tenant. The provisions of this Section 7.02 do not, however, exempt Landlord from liability for Landlord's gross negligence or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantwillful misconduct.
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 's Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, Premises or the Property, or any portion thereof, Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s 's Parties or any other person in or about the Premises, Premises or the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, Premises or the Property, or any portion thereof Property 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, except damage or injury caused solely by Landlord’s 's sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, Premises or the Property, or any portion thereof, Property or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: NNN Lease
Exemption of Landlord from Liability. Tenant, Except if occurring as a material part result of the consideration to Landlord, hereby assumes all risk negligence or willful misconduct of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, Landlord or any portion thereofof Landlord Entities, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused permitted by Applicable Requirements, neither Landlord’s sole , any Landlord Entities nor any of their respective agents, employees or active negligence or willful misconduct. Tenant hereby agrees that Landlord contractors shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for, injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or the Commercial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (a) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause, whether said damage or injury results from conditions arising within or about (b) the condition of the Premises, other portions of the PropertyBuilding, or the Commercial Center. Neither Landlord nor any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord Entity shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Commercial Center. Notwithstanding the Landlord's negligence, gross negligence, or breach of this Lease, Landlord shall under no circumstances be liable for: (i) any injury to Tenant's business or any loss of income or profit therefrom; (ii) any indirect, consequential or punitive damages; or (iii) any damage to property or injury to persons arising from any act of God (such as earthquakes, hurricanes, floods, etc.).
Appears in 1 contract
Samples: Lease Agreement (Carrollton Bancorp)
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or wilful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, 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 damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesProject. 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, the Propertyand Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, 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 damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesProject. 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, the Propertyand Tenant hereby waives all claims based thereon. Landlord shall not be liable to Tenant for losses due to theft, vandalism, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantlike causes.
Appears in 1 contract
Exemption of Landlord from Liability. TenantLessee, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, TenantLessee’s Property and any Tenant Lessee Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant Lessee hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant Lessee hereby agrees that Landlord shall not be liable for injury to TenantLessee’s business or any loss of income therefrom or for damage to the property of TenantLessee, or injury to or death of TenantLessee, TenantLessee’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof 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 TenantLessee, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant Lessee or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantLessee.
Appears in 1 contract
Samples: Lease Agreement
Exemption of Landlord from Liability. Tenant, as a material part Except in the event of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active gross negligence or willful misconduct. , Tenant hereby agrees that Landlord (including Landlord's officers, trustees, partners, affiliates, directors, agents, management contractors and representatives (collectively referred to as "Landlord's Affiliates") shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers, or any other person in or about the Premises. Tenant further agrees that Landlord and Landlord's Affiliates shall not be liable for injury to the person of Tenant, the PropertyTenant's employees, agents or any portion thereofcontractors or to Tenant's property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding or the Project, the Property, or any portion thereof or from other sources or places, 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and Landlord's Affiliates shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof 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 sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Building. Tenant acknowledges that Landlord’s failure election to enforce provide mechanical surveillance or to post security personnel in the terms of any agreements Building is solely within Landlord’s discretion; Landlord shall have no liability in connection with parties other than Tenantthe 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 (Splunk Inc)
Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant’s Property 's fixtures, equipment, furniture and any Tenant Improvementsalterations, and or illness or injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except to the extent only such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant, Tenant’s Parties Tenant or any Tenant Party or any other person in or about the Premises, the Property, or any portion thereof, whether such damage damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage damage, illness or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof Property or from other sources or 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 damage only damage, illness or injury caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Commercial Lease Agreement
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 Property 's fixtures, equipment, furniture and any Tenant Improvements, and alterations or injury to or death of persons in, upon or about the Premises, the PropertyBuilding, the Common Area or any portion thereof, other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties 's employees, invitees, customers, agents or contractors or any other person in or about the Premises, the PropertyBuilding, the Common Area or any portion thereofthe Project, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful wilful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, Project or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Sublease Agreement (E Loan Inc)
Exemption of Landlord from Liability. Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, as Tenant's agents, employees, licensees, invitees, or any other party in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises or Project, or from other sources or places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury may not be accessible to Tenant. As a material part of the consideration to Landlord, hereby Tenant assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and or injury to or death of persons in, upon in or about the Premises, the Property, or any portion thereof, Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by for any claim arising out of Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that The provisions of this Section 6.02 shall not, however, exempt Landlord shall not be liable from liability for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Lease Agreement (iPower 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims matters are caused by Landlord’s 's sole or active gross negligence or willful misconduct. , Tenant hereby agrees that Landlord and Landlord's Affiliates shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise, or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers, or any other person in or about the Premises. Tenant further agrees that Landlord and Landlord's Affiliates shall not be liable for injury to the person of Tenant, the PropertyTenant's employees, visitors, agents, or any portion thereofcontractors or to Tenant's property, whether such damage or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage leakage, obstruction, or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding or the Project, the Property, or any portion thereof or from other sources or places, 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, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and Landlord's Affiliates shall not be liable for any damages arising from any act or neglect of any other tenant or tenant, occupant, if any, or user of the PremisesBuilding or the Project, nor from the Property, or any portion thereof, or Landlord’s failure of Landlord to enforce the terms lease provisions of any agreements with parties other than Tenanttenant of the Project.
Appears in 1 contract
Samples: Office Space Lease (Cayenta 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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active Except for negligence or willful misconduct. wrongdoing by Landlord, Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or business; for any loss of income therefrom therefrom, or for damage to the improvements, trade fixtures, contents, goods, wares, merchandise or other property of Tenant (“Tenant, ’s Contents”) or for injury to or death of Tenant, Tenant’s Parties employees, agents, contractors, invitees, customers, or any other person in or about the Premises, regardless of the Propertycause of such injury or damage. Landlord shall have no liability with respect to any such loss, damage or any portion thereofinjury, whether such loss, damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or ; from the breakage, leakage leakage, obstruction, failure, insufficiency, or other defects of any heating, ventilation, air conditioning, utilities furnished, pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether the said damage loss, damage, or injury results from conditions arising within at the Premises or about at other portions of the PremisesBuilding, the Property, or any portion thereof 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 are inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantBuilding.
Appears in 1 contract
Exemption of Landlord from Liability. Tenant, as a material part of Landlord and the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active 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 therefrom, however occurring (including, without limitation, from any failure or interruption of services or utilities, or, except in connection with damage or injury resulting from the negligence or willful misconduct of Landlord or the Landlord Parties (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 to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project 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 sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.
Appears in 1 contract
Samples: Standard Office Lease (United Business Holdings, Inc)
Exemption of Landlord from Liability. TenantExcept for the material breach of Landlord's obligations hereunder, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties agents, contractors, invitees, or any other person in or about the Premises, Premises or the PropertyResearch Complex. Excepts for acts or omissions of Landlord, or any portion thereofits employees or agents, Landlord shall not be liable for injury to the person of Tenant, Tenant's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesResearch Complex, the Property, or any portion thereof 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 sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect omission of any other tenant lessee, occupant or occupant, if any, user of the PremisesResearch Complex, nor from the Property, or any portion thereof, or Landlord’s failure of Landlord to enforce the terms provisions of any agreements with parties other than Tenantlease of the Research Complex.
Appears in 1 contract
Samples: Building Lease (Corixa Corp)
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof 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 sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesBuilding. 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. Landlord shall not be liable for losses due to theft, the Propertyvandalism or like causes. Tenant shall defend, indemnify and hold Landlord harmless from any such claims made by any employee, contractor, or any portion thereof, or Landlord’s failure to enforce the terms agent of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Office Lease (Omniture, Inc.)
Exemption of Landlord from Liability. TenantExcept as provided in Paragraph 13(a) above, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, 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 caused solely by Landlord’s sole or active resulting from the gross negligence or willful misconductmisconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. 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, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Standard Office Lease (Sound Source Interactive Inc /De/)
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for loss of or damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers, or any other person in or about the PremisesPremises or the Building, nor shall Landlord be liable for injury to the Propertyperson of Tenant, Tenant's employees, agents or any portion thereofcontractors, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding, the Property, or any portion thereof or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Building, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductinaccessible. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, occupant or occupant, if any, user of the PremisesBuilding, nor from the Property, or any portion thereof, or Landlord’s failure of Landlord to enforce the terms provisions of any agreements with parties other than Tenantlease of any other tenant of the Building.
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 Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for ------------------------------------ injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in person, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning conditioning, light fixtures or lighting fixtures, mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project 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 sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. 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, the Propertyvandalism, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantlike causes.
Appears in 1 contract
Samples: Office Lease (E Perception 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 Property 's fixtures, equipment, furniture and any Tenant Improvements, and alterations or injury to or death of persons in, upon or about the Premises, the PropertyBuilding, the Common Area or any portion thereof, other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties 's employees, invitees, customers, agents or contractors or any other person in or about the Premises, the PropertyBuilding, the Common Area or any portion thereofthe Project, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof 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, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful wilful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, Project or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.Tenant.
Appears in 1 contract
Samples: Sublease Agreement
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 Property and any Tenant Improvements's Property, and or injury to or death of persons in, upon or about the Building, the Premises, the PropertyImprovements, or any portion thereof, other portions of the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom therefrom, or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Xxxxxx's Parties or any other person in or about the Building, the Premises, the PropertyImprovements, or any portion thereofother portions of the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Building, the Premises, the PropertyImprovements, or any portion thereof other portions of the Property 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, except damage or injury caused solely by Landlord’s 's sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Building, the Premises, the Improvements, or other portions of the Property, or any portion thereof, or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.
Appears in 1 contract
Samples: Ground Lease