Common use of Exemption of Landlord from Liability Clause in Contracts

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will not be liable for any damage or loss suffered by the business of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury caused by or resulting from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoever, whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will not be liable for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligence.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Sonic Foundry Inc), Lease Agreement (Sonic Foundry Inc)

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Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of Tenant, or any damage to, or loss of, property in the Premises belonging injury to Tenant's business or for damage to the goods, its employees, agents, visitors, invitees merchandise or other persons in or about the Premises, nor will Landlord be property of and/or not liable for injury to the person of Tenant as well as Tenant, or its 's employees, agents, visitorsinvitees, invitees customers, contractors or any other persons person in or about the Premisesproperty, including but not limited to a vandal. Such exemption of Landlord from any cause whatsoever, including, without limitation loss, all liability shall apply whether such damage or injury is caused by or resulting results from fire, steamutility related damage, electricityweather related damage such as caused by roof leak, gas, water building or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, plumbing defect related damage or from any other cause whatsoevercause, including but not limited to, the negligence, and/or any agent of Landlord including an employee or contractor of Landlord as well as whether the said any such damage or injury results from conditions arising upon the Premises or Buildingproperty, other portions of the building of which the property is a part or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or the Tenant. Further, Tenant agrees to waive any statutory provision, case law or legal authority which is contrary to and/or nullifies/voids in any way such member/partner protective provisions in the event of any actual or alleged breach of the lease by the Landlord, the sole remedy shall be against the assets of the Landlord will not which the Tenant acknowledges is a Limited Liability Company and no individual member, partner or other associated entity of the company shall be liable for any injury damages arising from any act or damage (omission or neglect including lost profits) caused by negligence, gross negligence and/or willful acts or omissions of Landlord/Owner or of any other tenants Tenant as well as any other Tenant's employees, agents, invitees, customers, contractors or persons any other person in or about the Premisesproperty, occupants including but limited to a vandal. Further, Tenant expressly agrees to indemnify, hold harmless and defend Landlord, any owner of adjacent property to the BuildingLandlord, such as any shareholder or L.L.C. member as well as any employee, contractor or other agent of Landlord from claims or losses, damages or the publiclike, or caused by operations in construction of any privateincluding costs attorney's fees, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage all enumerated causes including but not limited to Tenant's utilization of the sameleased premises. All such continuing agreements duties and promises of Tenant contained in this exemption of Landlord from liability as well as such continuing duties, obligations and promises of Tenant contained elsewhere in this agreement shall survive and continue following the end of the lease term and/or occupancy of Tenant with such indemnification, hold harmless and defend provisions to apply to any claim, loss, damage, liability or the like made by Tenant, invitee of Tenant, employee, contractor or other agent of Tenant or any other third party, including subrogation but not limited to another Tenant and including any and all claims even if caused by Tenant’s insurance carrier. Tenant, as a material part the negligence of the consideration to Landlord and any Owners of Landlord and/or agent of Landlord including an employee or contractor of Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligence.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Biomira CORP), Agreement and Plan of Reorganization (Biomira Inc)

Exemption of Landlord from Liability. Except in the event of Landlord’s, his agent’s, or employee’s negligence, Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the improvements, trade fixtures, contents, goods, wares, merchandise or loss suffered by the business other property of Tenant (“Tenant’s Contents”), Tenant’s employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the Premises, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant’s employees, agentsagents or contractors, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the building of which the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will shall not be liable for any injury damages arising from any act or damage neglect of any other tenant, if any, of the building in which the Premises are located. Tenant shall maintain the following insurance coverage with respect to the insurable losses contemplated by this Section 8.7 during the term of this Lease insuring Landlord, Tenant and any lender of record encumbering the Premises, with full waiver of subrogation: (a) against fire, extended coverage and vandalism and malicious mischief perils, including lost profitscoverage for Tenant’s Contents, in an amount of not less than ninety percent (90%) caused of the full replacement cost thereof. (b) Broad form boiler and machinery insurance on a blanket repair and replacement basis with limits per accident not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air conditioning equipment, miscellaneous electrical apparatus and all other insurable objects owned or operated by Tenant or by others (other tenants than Landlord) on behalf of Tenant in the Premises or persons relating or serving the Premises; (c) Business interruption insurance in such amount as will reimburse Tenant for direct or indirect loss of earnings attributable to all such perils insured against in Section 8.7(a) and 8.7(b) above; and (d) Workmen’s compensation insurance covering all Tenant’s employees working in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligence.

Appears in 1 contract

Samples: Lease Agreement (Emulex Corp /De/)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to’s business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, theft, vandalism, or from the breakage, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except to the extent that any such circumstances result from Landlord’s gross negligence or Tenantintentional misconduct. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any causeact or neglect of any other tenant of the building. However, the foregoing shall not diminish in any way Landlord’s repair obligations hereunder, Landlord’s covenant of quiet enjoyment hereunder or Tenant’s right to terminate in accordance with Article 16. 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 in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligencebased thereon.

Appears in 1 contract

Samples: Standard Office Lease (Allion Healthcare Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of ------------------------------------ injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invites, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except in connection with damage or Tenantinjury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or negligenceabout the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Digital Insight Corp)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will not be liable Except for any damage the sole negligence or loss suffered by the business willful misconduct of Tenant, or any damage to, or loss of, property in the Premises belonging to TenantLandlord, its agents, contractors, and employees, agents, visitors, invitees or other persons in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury caused by or resulting from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoever, whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will not be liable for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the property of Tenant or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. HoweverTenant, notwithstanding as a material part of the foregoingconsideration to Landlord, hereby acknowledges that there is a risk of harm to Tenant's property and injury to persons in, upon or about the Premises arising from any cause or event, and Xxxxxx agrees to assume all such risks of harm and Tenant hereby waives all claims in respect thereof against Landlord. Tenant hereby agrees that Landlord will shall not be exempt liable for injury to Xxxxxx's business or any loss of income therefrom or for loss of or damage to the goods, wares, merchandise or other property of Tenant, Xxxxxx's agents, contractors, employees, and invitees, or any other person in or about the Premises or the Airport, nor shall Landlord be liable for injury to the person of Tenant, Xxxxxx's agents, contractors, employees, and invitees, whether such damage or injury is caused by or results from liability resulting theft, fire, water, or rain, or from its own willful misconduct the breakage, leakage, obstruction or negligencedefects of the roadway, or from any other cause, whether said damage or injury results from conditions arising from or upon the Premises or the Airport or from other sources or places, and regardless of whether the cause of such damages or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or negligence of any other occupant or user of the Premises, the Airport or Xxxxxxx Road, nor from the failure of Landlord to enforce the provisions of any other lease of any other tenant of any building on the Airport or the use of other of Xxxxxxx Road.

Appears in 1 contract

Samples: Tenant Lease

Exemption of Landlord from Liability. (a) Tenant hereby agrees that Landlord will shall not be liable and Tenant hereby waives all claims against Landlord for injury to Tenant’s business or any loss of income or other consequential damages or for damage to the inventory, fixtures, furnishings, improvements or loss suffered by the business other property of Tenant, or any damage toTenant’s employees, or loss ofinvitees, property in the Premises belonging to Tenantcustomers, its employeessublessees, agents, visitorsoccupants, invitees contractors, or other persons in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its Tenant’s employees, agents, visitorscontractors, invitees occupants, invitees, customers, sublessees, or any other persons person in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air air-conditioning or lighting fixtures, or from any other cause whatsoever, whether the said damage or injury results from conditions arising upon the Premises or BuildingPremises, 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 Landlord or Tenant. Landlord will shall not be liable for any injury or damage (including lost profits) caused by other tenants or persons in the Premisesto Tenant, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration shall not be liable to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises for any damages arising from any causeact or neglect of any other tenant of the Project. Nothing in this Section 8.3(a) shall relieve Landlord from liability for damages or injuries to persons or property caused by or resulting from the negligence or willful misconduct of Landlord, or any of its agents, employees or contractors. (b) Landlord shall indemnify, defend, protect and hold harmless Tenant hereby waives from and against any and all claims arising from any breach or default in respect thereof against the performance of any obligation on Landlord. However’s part to be performed under the terms of this Lease, notwithstanding the foregoing, Landlord will not be exempt or arising from liability resulting from its own any negligence or willful misconduct of Landlord, its agents, employees or negligencecontractors and from and against all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, shall defend the same at Landlord’s expense by counsel reasonably satisfactory to Tenant. The provisions of this Section shall survive expiration of the Lease Term or the earlier termination hereof.

Appears in 1 contract

Samples: Lease Agreement (Digitiliti Inc)

Exemption of Landlord from Liability. If the Premises, the Building, or the Property, or any part thereof, is damaged by fire or other cause against which Tenant hereby agrees that is required to carry insurance pursuant to this Lease, Landlord will shall not be liable to Tenant for any loss, cost or expense arising out of or in connection with such damage. Tenant hereby releases Landlord, its directors, officers, shareholders, partners, employees, agents and representatives, from any liability, claim or action arising out of or in connection with such damage. Furthermore, Landlord shall not be liable to Tenant for loss, injury, or damage or loss suffered which may be sustained by the business person, goods, wares, merchandise or property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitorscontractors, employees, invitees or customers, or any other persons person in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury caused by or resulting from fire, steam, electricity, gas, water water, or rain, which may leak or flow from or into any part of the Premises or the Building, or form the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoeverfixtures of the same, whether the said such damage or injury results from conditions arising upon within the Premises or other portions of the Building, or from other sources sources, unless caused by Landlord's negligence or places, wrongful act or covered by the proceeds of insurance purchased by Landlord as part of Expenses and regardless of whether in that event only to the cause of such injury or the means of repairing the same extent not covered by insurance which Tenant is inaccessible required to Landlord or Tenantcarry pursuant to this Lease. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims damages arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part or in connection with any act or omission of any other tenant of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against LandlordProject. However, notwithstanding the foregoing, Landlord will shall not be exempt from liability resulting from its own willful misconduct liable to Tenant for losses due to theft or negligenceburglary or for damages arising out of wrongful acts of third parties.

Appears in 1 contract

Samples: Sublease Agreement (Vision Solutions Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Notwithstanding anything to the contrary set forth in this Lease, Landlord will and the Landlord Parties shall not be liable for any damage injury to Tenant's business, or loss suffered by the business of Tenantincome, loss of opportunity or loss of goodwill therefrom, or any consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord's negligence). Without limiting the foregoing, except in connection with damage toor injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or loss of, property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees indirectly caused by or other persons in or about the Premises, resulting from any cause whatsoever, including, without limitation lossbut not limited to, damage or injury 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, 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 cause whatsoeverintrabuilding cabling or wiring, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord or Tenant. Landlord will and the Landlord Parties shall not be liable to Tenant for any damages arising from any willful or negligent action or inaction of any other tenant of the Project, except to the extent caused by the gross negligence or willful misconduct of Landlord or the Landlord Parties (but in no event shall Landlord be liable for any injury of Tenant's business losses or damage (including lost profits) caused by other tenants or persons consequential damages and in the Premises, occupants of adjacent property all events Landlord's liability shall be subject to the Building, or the public, or caused by operations waiver of subrogation contained in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceSection 14(d) below).

Appears in 1 contract

Samples: Office Lease (Alliance Fiber Optic Products Inc)

Exemption of Landlord from Liability. The term "Landlord" as used in this Lease, so far as the covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in question of the Premises, and in the event of any transfer or transfers of title thereto, Landlord named herein (and in case of any subsequent transfer or conveyance, the then grantor) shall be automatically relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of Landlord contained in this Lease except for the return of the Security Deposit) thereafter to be performed. It is expressly understood and agreed that in the case of default hereunder by Landlord, Tenant shall look solely to the interest of Landlord in the Premises and all available insurance proceeds for satisfaction of any obligation of Landlord to Tenant, and that except for such interest and proceeds, neither the Landlord nor anyone claiming under the Landlord shall ever be personally liable for satisfaction of any such obligation. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom, or for damage or loss suffered by to the business personal property of Tenant, Tenant's employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the Premises, nor will nor, unless through its negligence or willful misconduct, shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agentsagents or contractors and invitees, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will shall not be liable for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any causeact or neglect of any other tenant, and Tenant hereby waives all claims in respect thereof against Landlord. Howeverif any, notwithstanding of the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceBuilding.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Exemption of Landlord from Liability. Except where caused by the grossly negligent acts or willful misconduct of Landlord Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the goods, wares, merchandise or loss suffered by the business other property of Tenant, Tenant's employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the PremisesProject, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agentsagents or contractors, visitors, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by or resulting from bomb scares, hazardous waste, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such the damage or injury arises out of Landlord's or the means of repairing the same is inaccessible to Landlord its employees or Tenantagents negligent or intentional acts. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateother tenant, public occupant or quasi-public work. All property user of Tenant kept or stored on the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to property of Tenant or injury to persons, in, upon or about the Premises Project arising from any cause, excluding Landlord's gross negligence or the gross negligence of its agents, partners or employees, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoingits agents, Landlord will not be exempt from liability resulting from its own willful misconduct or negligencepartners and employees.

Appears in 1 contract

Samples: Deed of Lease (Jaymark Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will not be liable for any damage or injury to the person, business (or any loss suffered by the business of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons in person or about the PremisesProperty, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting from results from: (a) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause whatsoever, whether the said damage or injury results from cause; (c) conditions arising upon in or about the Premises or BuildingProperty, or from other sources or places; (d) any curtailment or interruption in utility services or (e) any act or omission of any other tenant of the Property. Tenant will give Landlord prompt notice upon the occurrence of any accident or casualty at the Premises. The provisions of this Section will not exempt Landlord from liability for its gross negligence or willful misconduct or that of its employees, agents, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant. contractors; provided, however, Landlord will not be liable for any injury consequential damages. Tenant expressly acknowledges that whether or not Landlord, from time to time, elects to provide security services, Landlord has not, nor will Landlord be deemed to have, warranted the efficiency of any security personnel, service, procedures or equipment and Landlord is not liable in any manner for the failure of any of the foregoing to prevent, control or apprehend anyone suspected of theft, personal injury, property damage (including lost profits) caused by other tenants or persons in any criminal conduct in, on or around the Building. Tenant shall be responsible for repairs of damage and restoration of the Premises, occupants of adjacent personal property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on equipment servicing the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from following any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligencesuch act.

Appears in 1 contract

Samples: Lease (Collegium Pharmaceutical, Inc)

Exemption of Landlord from Liability. If the Premises, the Building, or the Common Area, or any part thereof, is damaged by fire or other cause against which Tenant hereby agrees that is required to carry insurance pursuant to this Lease, Landlord will shall not be liable to Tenant for any loss, cost or expense (including attorney's fees) arising out of or in connection with such damage. Tenant hereby releases Landlord, its directors, officers, shareholders, partners, employees, agents and representatives, from any liability, claim or action arising out of or in connection with such damage. Furthermore, Tenant shall, pursuant to Article 17, maintain insurance against loss, injury, or damage or loss suffered which may be sustained by the business person, goods, wares, merchandise or property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitorscontractors, employees, invitees or customers, or any other persons person in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury caused by or resulting from fire, steam, electricity, gas, water water, or rain, which may leak or flow from or into any part of the Premises or the Building, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoeverfixtures of the same, whether the said such damage or injury results from conditions arising upon within the Premises or other portions of the Building, or from other sources or placessources, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will shall not be liable therefor, unless caused by Landlord's negligence or wrongful act, and in that event only to the extent not covered by the insurance which Tenant is required to carry pursuant to this Lease. Landlord shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims damages arising out of damage or in connection with any act or omission of any other tenant in the Project or for losses due to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part theft or burglary or other wrongful acts of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligencethird parties.

Appears in 1 contract

Samples: Office Lease (Trimark Holdings Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income 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 that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing. air conditioning, air conditioning or lighting light fixtures, or mechanical or electrical systems or from any other cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord or Tenant. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent, or negligenceother person whose presence in, on or about the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Peoples Liberation Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the goods, wares, merchandise or loss suffered by the business other property of Tenant, Tenant's employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the PremisesProject, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agentsagents or contractors, visitors, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by or resulting from bomb scares, hazardous waste (except as otherwise set forth in Section 22(p), fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, and regardless or from new construction or the repair, alteration or improvement of whether any part of the Project, or of the equipment, fixtures or appurtenances applicable thereto, unless the cause of such the damage or injury arises out of Landlord's or the means of repairing the same is inaccessible to Landlord its employees or Tenantagents willful misconduct. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by neglect of any other tenants tenant, occupant or persons in user of the PremisesProject, occupants nor from the failure of adjacent property Landlord to enforce the provisions of the lease of any other tenant of the Project. Notwithstanding anything to the Buildingcontrary contained in this Section 21, nothing in this Section 21 shall relieve Landlord from liability to the extent resulting from (x) the willful misconduct of Landlord or any of its agents, partners or employees, or the public, or caused (y) a breach of this Lease by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrierLandlord. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to property of Tenant or injury to persons, in, upon or about the Premises Project arising from any cause, except as otherwise set forth in this Section 21 and Tenant hereby waives all claims in respect thereof against Landlord, its agents, partners and employees. HoweverLandlord, notwithstanding as a material part of the foregoingconsideration to Tenant hereunder, Landlord will hereby agrees that Tenant shall not be exempt liable for injury to Landlord's business or for loss of or damage to the goods, wares, merchandise or other property of Landlord or Landlord's employees, unless due to or caused by the willful misconduct of Tenant, its employees or agents, and Landlord hereby waives all claims in respect thereof against Tenant, its employees and agents. The foregoing notwithstanding, nothing herein shall relieve Tenant from liability to the extent resulting from its own (x) the willful misconduct of Tenant or negligenceany of its agents, partners or employees, or (y) a breach of this Lease by Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Pdi Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of Tenant, or any damage to, or loss of, property in the Premises belonging injury to Tenant's business or for damage to the goods, its employees, agents, visitors, invitees merchandise or other persons in or about the Premises, nor will Landlord be property of and/or not liable for injury to the person of Tenant, or its Tenant as well as Tenants employees, agents, visitorsinvitees, invitees customers, contractors or any other persons person in or about the Premisesproperty, including but not limited to a vandal. Such exemption of Landlord from any cause whatsoever, including, without limitation loss, all liability shall apply whether such damage or injury is caused by or resulting results from fire, steamutility related damage, electricityweather related damage such as caused by roof leak, gas, water building or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, plumbing defect related damage or from any other cause whatsoevercause, including but not limited to, the negligence, and/or any agent of Landlord including an employee or contractor of Landlord as well as whether the said any such damage or injury results from conditions arising upon the Premises or Buildingproperty, other portions of the building of which the property is a part or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or the Tenant. Further, Tenant agrees to waive any statutory provision, case law or legal authority which is contrary to and/or nullifies/voids in any way such member/partner protective provisions in the event of any actual or alleged breach of the lease by the Landlord, the sole remedy shall be against the assets of the Landlord will not and no individual member, partner or other associated entity of the company shall be liable for any injury damages arising from any act or damage (omission or neglect including lost profits) caused by negligence of the Owner or of any other tenants Tenant as well as any other Tenant's employees, agents, invitees, customers, contractors or persons any other person in or about the Premisesproperty, occupants including but limited to a vandal. Further, Tenant expressly agrees to indemnify, hold harmless and defend Landlord, any owner of adjacent property to the BuildingLandlord, such as any shareholder or L.L.C. member as well as any employee, contractor or other agent of Landlord from claim or losses, damages or the publiclike, or caused by operations in construction of any privateincluding costs attorney's fees, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage all enumerated causes including but not limited to Tenant's utilization of the sameleased premises. All such continuing agreements duties and promises of Tenant contained in this exemption of Landlord from liability as well as such continuing duties, obligations and promises of Tenant contained elsewhere in this agreement shall survive and continue following the end of the lease term and/or occupancy of Tenant with such indemnification, hold harmless and defend provisions to apply to any claim, loss, damage, liability or the like made by Tenant, invitee of Tenant, employee, contractor or other agent of Tenant or any other third party, including subrogation but not limited to another Tenant and including any and all claims even if caused by Tenant’s insurance carrier. Tenant, as a material part the negligence of the consideration to Landlord and any Owners of Landlord and/or agent of Landlord including an employee or contractor of Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligence.

Appears in 1 contract

Samples: Commercial Lease Agreement (Chorum Technologies Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income 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 that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except in connection with damage or Tenantinjury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or negligenceabout the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Procom Technology Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will and its property manager and their respective officers, directors, employees, representatives and agents (collectively, “Landlord Parties”) shall not be liable for injury to Tenant’s business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its ’s employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the PremisesProject, nor will shall Landlord Parties be liable for injury to the person of Tenant, or its Tenant’s employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by bomb scares, acts of terrorism, Hazardous Substances or resulting from Medical Waste (as defined above), fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Project, and regardless of whether the cause of such the damage or injury arises out of the active negligence, passive negligence or the means intentional acts of repairing the same is inaccessible to Landlord or TenantParties. Landlord will Parties shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateemployees, public agents, contractors or quasi-public work. All property invitees of Tenant kept any other tenant, occupant or stored on user of the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from Parties to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant’s property or business or injury to persons, in, upon or about the Premises Project arising from any cause, including the active or passive negligence of Landlord Parties, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceParties.

Appears in 1 contract

Samples: Standard Office Lease (ProNAi Therapeutics Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury indirectly caused by or resulting from firelire, 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, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except in connection with damage or Tenantinjury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any causeact or neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services, and Tenant hereby waives all claims in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or negligenceabout the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Alloy Online Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except in connection with damage or Tenantinjury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or negligenceabout the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (On Village Communications Inc)

Exemption of Landlord from Liability. Except as otherwise specifically provided in this Lease and/or to the extent caused by Landlord's, or Landlord's agents', property manager's, or employees', negligent acts or willful misconduct, Tenant hereby agrees that assumes all risk of, Tenant waives all claims against Landlord will in respect of, and Landlord shall not be liable for for, any of the matters set forth in the preceding Paragraph or any of the following, except to the extent caused by Landlord's, or Landlord's property manager's, agents' or employees', grossly negligent acts or willful misconduct: injury to Tenant's business, loss of income from such business, or damage or loss suffered by injury to the business goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons in in, upon, or about the Premises, nor will Landlord be liable for injury to the person of Tenantwhether such damage, loss, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury is caused by or resulting results from criminal acts, fire, steam, electricity, gas, water or water, rain, or from the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air air-conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or BuildingPremises, or from other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing the same such damage, loss, or injury is inaccessible to Landlord or Tenant. Landlord will In connection with the foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the California Civil Code (which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. Except as otherwise provided in this Lease, this Lease shall not be liable for affected or impaired by any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property change to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to LandlordProject or any sidewalks, hereby assumes all risk of damage to property streets, or injury to persons, in, upon or about improvements nearby the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceProject.

Appears in 1 contract

Samples: Modified Gross Office Lease (Bridgepoint Education Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its 's employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the PremisesProject, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by bomb scares, Hazardous Substances or resulting from Medical Waste, fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, and regardless or from new construction or the repair, alteration or improvement of whether any part of the Project, unless the cause of such the damage or injury arises out of Landlord's or the means of repairing the same is inaccessible to Landlord its employees, agents or Tenantcontractors grossly negligent or intentional acts. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateemployees, public agents, contractors or quasi-public work. All property invitees of Tenant kept any other tenant, occupant or stored on user of the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant's property or business or injury to persons, in, upon or about the Premises Project arising from any cause, excluding Landlord's gross negligence or willful misconduct or the gross negligence or willful misconduct of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoingits employees, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceagents and contractors.

Appears in 1 contract

Samples: Lease Agreement (Rexahn Pharmaceuticals, Inc.)

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Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable ------------------------------------ for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or from any other cause whatsoevermechanical or electrical systems, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the Building 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 Landlord Tenant; provided, however, that the foregoing shall not be deemed to waive any claims Tenant may have arising out of the gross negligence or Tenantwillful misconduct of Landlord. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Building is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes that result from the failure of any security contractor engaged by Landlord to provide security in respect thereof against accordance with Landlord's contract with such security contractor; provided, however, that the foregoing shall not be deemed to waive any claims Tenant may have arising out of the gross negligence or willful misconduct of Landlord. HoweverTenant shall defend, notwithstanding indemnify, and hold Landlord harmless from any such claims made by any employee, license, invitee, contractor, agent, or other person whose presence in, on or about the foregoing, Landlord will Premises or the Building is attendant to the business of Tenant; except the foregoing indemnity shall not be exempt from liability resulting from its own extend to Landlord's gross negligence or willful misconduct or negligencemisconduct.

Appears in 1 contract

Samples: Standard Office Lease (Pilot Network Services Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any injury or damage or loss suffered which may be sustained by the business person, goods, wares, merchandise or property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or customers, or by any other persons person in or about the Premises, nor will Landlord be liable for injury to the person of Tenant, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury Premises caused by or resulting from fire, steam, electricity, natural gas, water or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoeverfixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or placessources; provided, and regardless of whether however, that notwithstanding the cause of foregoing, Landlord shall not be relieved from liability with respect to such injury or the means of repairing the same is inaccessible to damage resulting from Landlord's gross negligence or willful misconduct or arising from any Environmental Damages, other than such Environmental Damages caused by Tenant or any Tenant Party. The parties acknowledge and agree that Landlord or Tenant. Landlord will shall not be liable to Tenant for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateother tenant of the Project, public or quasi-public workincluding such tenant’s employees, agents, vendors and invitees. All property Subject to any abatement of rent provided under this Lease and the right of Tenant kept to enforce the express obligations of the Landlord hereunder or stored on to terminate the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the sameLease for Landlord’s breach thereof, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any causecause except to the extent as may be caused by (a) the gross negligence or willful misconduct of Landlord; or (b) any Environmental Damages, except to the extent such Environmental Damages are caused by Tenant or any Tenant Party, and, subject to any abatement of rent provided under this Lease and the right of Tenant to enforce the express obligations of the Landlord hereunder or to terminate the Lease for Landlord’s breach thereof, Tenant hereby waives all other claims in with respect thereof thereto against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligence.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Appfolio Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will and its property manager and their respective officers, directors, managers, members, partners, employees, representatives and agents (collectively, “Landlord Parties”) shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its 's employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the PremisesProject, nor will shall Landlord Parties be liable for injury to the person of Tenant, or its Tenant's employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by bomb scares, acts of terrorism, Hazardous Substances or resulting from Medical Waste (as defined above), fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, and regardless of whether the cause of such injury or from new construction or the means repair, alteration or improvement of repairing any part of the same is inaccessible Project, except to the extent, subject to Section 8.4 above, caused solely by the gross negligence or willful misconduct of Landlord or Tenantthe Landlord Parties. Landlord will Parties shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateemployees, public agents, contractors or quasi-public work. All property invitees of Tenant kept any other tenant, occupant or stored on user of the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from Parties to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant's property or business or injury to persons, in, upon or about the Premises Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. Howeverexcept to the extent, notwithstanding subject to Section 8.4 above, caused solely by the foregoing, Landlord will not be exempt from liability resulting from its own gross negligence or willful misconduct of Landlord or negligencethe Landlord Parties.

Appears in 1 contract

Samples: Standard Office Lease (Redaptive, Inc.)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant’s business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its ’s employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the PremisesProject, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant’s employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by bomb scares, Hazardous Substances or resulting from Medical Waste, fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, and regardless or from new construction or the repair, alteration or improvement of whether any part of the Project, unless the cause of such the damage or injury arises out of Landlord’s or the means of repairing the same is inaccessible to Landlord its employees, agents or Tenantcontractors grossly negligent or willful misconduct. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateemployees, public agents, contractors or quasi-public work. All property invitees of Tenant kept any other tenant, occupant or stored on user of the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant’s property or business or injury to persons, in, upon or about the Premises Project arising from any cause, excluding Landlord’s gross negligence or willful misconduct or the gross negligence or willful misconduct of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoingits employees, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceagents and contractors.

Appears in 1 contract

Samples: Lease Agreement (Regenerx Biopharmaceuticals Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable ------------------------------------ for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, 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 cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord Tenant, except in connection with damage or Tenantinjury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or negligenceabout the Premises or the Project is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Digital Insight Corp)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will and its property manager and their respective officers, directors, employees, representatives and agents (collectively “Landlord Parties”) shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its 's employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the PremisesProject, nor will shall Landlord Parties be liable for injury to the person of Tenant, or its Tenant's employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about the Premises, results from any cause whatsoever, whatsoever including, without limitation lossbut not limited to, damage theft, criminal activity at the Project, negligent security measures, bombings or injury caused by bomb scares, acts of terrorism, Hazardous Substances or resulting from Medical Waste (as defined above), fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the Project, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Project, and regardless of whether the cause of such the damage or injury arises out of the active negligence, passive negligence or the means intentional acts of repairing the same is inaccessible to Landlord or TenantParties. Landlord will Parties shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction neglect of any privateemployees, public agents, contractors or quasi-public work. All property invitees of Tenant kept any other tenant, occupant or stored on user of the Premises will be so kept or stored at Project, nor from the risk failure of Tenant only and Tenant will hold Landlord harmless from Parties to enforce the provisions of the lease of any claims arising out other tenant of damage to the same, including subrogation claims by Tenant’s insurance carrierProject. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Txxxxx's property or business or injury to persons, in, upon or about the Premises Project arising from any cause, including the active or passive negligence of Landlord Parties, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceParties.

Appears in 1 contract

Samples: Office Lease (Auxilio Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or from any other cause whatsoevermechanical or electrical systems, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the Building 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; provided, however, that the foregoing shall not constitute a waiver of claims to the extent arising out of Landlord's Liabilities; provided further that Landlord shall in no event be liable for injury to Tenant's business, or Tenantloss of income or profit therefrom. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the Project. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Building is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims in respect thereof against based thereon. Except to the extent caused by Landlord. However, notwithstanding the foregoing's gross negligence or willful misconduct, Landlord will shall not be exempt from liability resulting from its own willful misconduct liable for losses due to theft, vandalism, or negligencelike causes.

Appears in 1 contract

Samples: Standard Office Lease (Netgear Inc)

Exemption of Landlord from Liability. The term "Landlord" as used in this Lease, so far as the covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in question of the Premises, and in the event of any transfer or transfers of title thereto, Landlord named herein (and in case of any subsequent transfer or conveyance, the then grantor) shall be automatically relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed. It is expressly understood and agreed that in the case of default hereunder by Landlord, Tenant shall look solely to the interest of Landlord in the Premises for satisfaction of any obligation of Landlord to Tenant, and that neither the Landlord nor anyone claiming under the Landlord shall ever be personally liable for satisfaction of any such obligation. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or loss suffered by the business other property of Tenant, Tenant's employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the Premises, nor will nor, unless through its negligence or other legally culpable act or omission, shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agentsagents or contractors and invitees, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such injury damage or the means of repairing the same is inaccessible to This paragraph shall be interpreted in such a manner that Landlord or Tenant. Landlord will not shall be liable only for any injury its own negligence or damage (including lost profits) caused by other tenants legally culpable act or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any causeomission, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will for not be exempt from liability resulting from its own willful misconduct or negligenceother cause.

Appears in 1 contract

Samples: Lease Agreement (Sabratek Corp)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to Tenant, its 's employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the Premises, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about results from any cause whatsoever including, but not limited to, theft, criminal activity at the Premises, from any cause whatsoevernegligent security measures, includingbombings or bomb scares, without limitation lossHazardous Substances, damage or injury caused by or resulting from fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or BuildingPremises, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Premises, and regardless of whether the cause of such the damage or injury arises out of Landlord's or its employees', agents' or contractors' negligent or intentional acts. Notwithstanding the means of repairing the same is inaccessible to foregoing, nothing contained in this section shall relieve Landlord or Tenantits manager from liability for gross negligence or willful misconduct; provided, however, even in the event of gross negligence or willful misconduct, Landlord and Landlord's manager shall not be liable for lost profits or punitive damages. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by neglect of any employees, agents, contractors or invitees of any other tenants tenant, occupant or persons in user of the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant's property or business or injury to persons, persons in, upon or about the Premises arising from any cause, including Landlord's negligence or the negligence of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoingits employees, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceagents and contractors.

Appears in 1 contract

Samples: Standard Industrial Lease (Jabil Circuit Inc)

Exemption of Landlord from Liability. Except to the extent caused by Landlord's negligent acts or willful misconduct, Tenant hereby agrees that assumes all risk of, Tenant waives all claims against Landlord will in respect of, and Landlord shall not be liable for for, any of the matters set forth in the preceding Paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or loss suffered by injury to the business goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons in in, upon, or about the Premises, nor will Landlord be liable for injury to the person of Tenantwhether such damage, loss, or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury is caused by or resulting results from criminal acts, fire, steam, electricity, gas, water or water, rain, or from the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air conditioning air‑conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or BuildingPremises, or from other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing the same such damage, loss, or injury is inaccessible to Landlord or Tenant. Landlord will In connection with the foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the California Civil Code (which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. This Lease shall not be liable for affected or impaired by any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property change to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to LandlordProject or any sidewalks, hereby assumes all risk of damage to property streets or injury to persons, in, upon or about improvements nearby the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligenceProject.

Appears in 1 contract

Samples: Office Lease Agreement (Evoke Pharma Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of ------------------------------------ injury to Tenant, or any damage to's business, or loss ofof income therefrom, or, except in connection with damage or injury resulting from the failure of Landlord to perform its obligations under the Lease or the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixturesa r conditioning, light mixtures, or mechanical or electrical systems or from any other cause whatsoeverintrabuilding network cable, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the 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 Landlord or Tenant. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding Notwithstanding the foregoing, -Landlord shall, during the initial Term hereof, maintain a security guard at the Project twenty-four (24) hours per day, seven (7) days per week. Landlord will shall not be exempt from liability resulting from its own willful misconduct liable for losses due to theft, vandalism, or negligencelike causes.

Appears in 1 contract

Samples: Standard Office Lease (Trinagy Inc)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for any damage or loss suffered by the business of injury to Tenant, or any damage to's business, or loss ofof income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property in the Premises belonging to of Tenant, its employees, invitees, customers, agents, visitorsor contractors, invitees or any other persons in person in, on or about the Premises, nor will Landlord be liable for injury to the person of Tenant, Premises directly or its employees, agents, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, damage or injury 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, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or from any other cause whatsoevermechanical or electrical systems, whether the said such damage or injury results from conditions arising upon the Premises or Building, upon other portions of the Building 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 Landlord or Tenant. Landlord will shall not be liable to Tenant for any injury or damage (including lost profits) caused by other tenants or persons in the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises damages arising from any cause, act or neglect of any other tenant of the building. 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 in respect thereof against Landlordbased thereon. However, notwithstanding the foregoing, Landlord will shall not be exempt liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from liability resulting from its own willful misconduct any such claims made by any employee, licensee, invitee, contractor, agent, or negligenceother person whose presence in, on or about the Premises or the Building is attendant to the business of Tenant.

Appears in 1 contract

Samples: Standard Office Lease (Health Management Systems Inc)

Exemption of Landlord from Liability. Except in the event of Landlord’s, his agent's, officers, representatives or employee's gross negligence, breach of this lease or intentional misconduct, Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the improvements, trade fixtures, contents, goods, wares, merchandise or loss suffered by the business other property of Tenant (“Tenant's Contents”), Tenant's employees, invitees, customers, or any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, visitors, invitees or other persons person in or about the Premises, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant's employees, agentsagents or contractors, visitors, invitees or other persons in or about the Premises, from any cause whatsoever, including, without limitation loss, whether such damage or injury is caused by or resulting results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or Buildingupon other portions of the building of which the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused neglect of any other tenant, if any, of the building in which the Premises are located. Tenant shall maintain the following insurance coverage with respect to the insurable losses contemplated by other tenants or persons in this Section 8.7 during the term of this Lease insuring Landlord, Tenant and any lender of record encumbering the Premises, occupants with full waiver or subrogation: (a) against fire, extended coverage, glass breakage and vandalism and malicious mischief perils, including coverage for Tenant’s Contents, in an amount of adjacent property not less than ninety percent (90%) of the full replacement cost thereof; (b) Broad form boiler and machinery insurance on a blanket repair and replacement basis with limits per accident not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air conditioning equipment, miscellaneous electrical apparatus and all other insurable objects owned or operated by Tenant or by others (other than Landlord) on behalf of Tenant in the Premises or relating or serving the Premises; (c) Business interruption insurance in such amount as will reimburse Tenant for direct or indirect loss of earnings attributable to all such perils insured against in Section 8.7(a) and 8.7(b) above and an amount payable to the Building, or Landlord not less than twelve (12) months rental as set forth in this Lease. Such sums to be paid no less frequently than monthly in equal amounts during such period as the public, or caused by operations Tenant’s business is interrupted; and (d) Workmen's compensation insurance covering all Tenant’s employees working in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims extent required by law; (e) Such additional liability insurance as may be reasonably required by Landlord to protect the Landlord against any environmental hazards arising from Tenant’s insurance carrier. Tenant, as a material part prospective or actual use of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. However, notwithstanding the foregoing, Landlord will not be exempt from liability resulting from its own willful misconduct or negligencePremises.

Appears in 1 contract

Samples: Lease Agreement (GigOptix, Inc.)

Exemption of Landlord from Liability. Tenant hereby agrees that Landlord will shall not be liable for injury to Tenant’s business or any loss of income therefrom or for loss of or damage to the merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or loss suffered by the business other property of Tenant, or any damage to, or loss of, property in the Premises belonging to . Tenant, its ’s employees, agents, visitorscontractors or invitees, invitees or any other persons person in or about the Premises, nor will shall Landlord be liable for injury to the person of Tenant, or its Tenant’s employees, agents, visitorscontractors or invitees, invitees whether such damage or other persons in injury is caused by or about results from any cause whatsoever including, but not limited to, theft, criminal activity at the Premises, from any cause whatsoevernegligent security measures, includingbombings or bomb scares. Hazardous Materials, without limitation loss, damage or injury caused by or resulting from fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause whatsoevercause, whether the said damage or injury results from conditions arising upon the Premises or BuildingPremises, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Premises, and regardless of whether the cause of such the damage or injury arises out of Landlord’s or the means of repairing the same is inaccessible to Landlord its employees’, agents’ or Tenantcontractors’ negligent or intentional acts. Landlord will shall not be liable for any injury damages arising from any act or damage (including lost profits) caused by neglect of any employees, agents, contractors or invitees of any other tenants tenant, occupant or persons in user of the Premises, occupants of adjacent property to the Building, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises will be so kept or stored at the risk of Tenant only and Tenant will hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier. Tenant, as a material part of the consideration to LandlordLandlord hereunder, hereby assumes all risk of damage to Tenant’s property or business or injury to persons, persons in, upon or about the Premises arising from any cause, including Landlord’s negligence or the negligence of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord, its employees, agents and contractors. HoweverNotwithstanding anything herein to the contrary, notwithstanding except to the foregoingextent covered by Tenant’s insurance and waiver of subrogation provided in the Lease, Landlord will the limitations on Landlord’s liability contained in this section 20 shall not be exempt apply to injury or damage which results from liability resulting from its own the gross negligence or willful misconduct of Landlord, its agents, employees, contractors, subcontractors or negligenceassigns.

Appears in 1 contract

Samples: Standard Industrial Lease (Source Photonics Inc)

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