Exemption of Landlord from Liability. Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom.
Appears in 8 contracts
Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc), Penumbra Inc
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other the property of Tenant, Tenant’s 's employees, contractors, invitees, customers, customers or any other person in or about the Premises, whether such Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixturesfixtures or (ii) from the condition of the Premises, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or notIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s 's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or 's business, for any loss of income or profit therefromtherefrom or any indirect, consequential or punitive damages.
Appears in 6 contracts
Samples: Suntek Corp, Second Lease Extension and Modification Agreement (Headhunter Net Inc), Lease (Harmonic Inc)
Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, contractors, invitees, customers, or any other person in or about the PremisesLeased Premises unless caused by the gross negligence or other wilful tortious conduct of Landlord or its agents or employees, nor, unless through its gross negligence or wilful misconduct, shall Landlord be liable for injury to the person of Tenant, Tenant's employees, invitees, agents or contractors, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury or damage results from conditions arising upon the Leased Premises or upon other portions of the Building building of which the Leased Premises are a part, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of preparing repairing the same is accessible inaccessible to Landlord or notTenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce buildings location on the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefromLeased Premises.
Appears in 4 contracts
Samples: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc)
Exemption of Landlord from Liability. To the extent permitted by applicable law and except to the extent caused by the negligence or willful misconduct of Landlord, the Landlord Entities shall not be liable for and Tenant hereby WAIVES any claims against the Landlord Entities for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other the property of Tenant, Tenant’s Xxxxxx's employees, contractors, invitees, customers, customers or any other person in or about the Premisesdemised demised premises, whether such the Building, or the Property from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from from: (a) fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures; or (b) the condition of the demised premises, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or notProperty. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterProperty. Notwithstanding Landlord’s 's negligence or breach of this Leaselease, to the extent permitted by applicable law, Landlord shall under no circumstances be liable for injury to Tenant’s business or 's business, for any loss of income or profit therefromtherefrom or any indirect, consequential or punitive damages.
Appears in 3 contracts
Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease
Exemption of Landlord from Liability. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other the property of Tenant, Tenant’s 's employees, contractors, invitees, customerscustomers from any cause whatsoever, or any other person in or about the Premisesincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixturesfixtures or (ii) from the condition of the Premises, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or notIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s 's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or 's business, for any loss of income or profit therefromtherefrom or any indirect, consequential or punitive damages.
Appears in 3 contracts
Samples: Keep Your Day (Smarterkids Com Inc), Learningstar Inc, Smarterkids Com Inc
Exemption of Landlord from Liability. Except for Landlord's negligence, willful misconduct and/or breach of express warranties, Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s 's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s 's business or for any loss of income or profit therefrom.
Appears in 2 contracts
Samples: SBS Technologies Inc, SBS Technologies Inc
Exemption of Landlord from Liability. Except for matters arising from Landlord’s willful misconduct or gross negligence, Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises rain or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterBuilding Complex. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom, or for any consequential damages of Tenant. Notwithstanding anything to the contrary contained herein, Landlord’s liability under this Lease shall be limited to its interest in the Building Complex.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)
Exemption of Landlord from Liability. Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s negligence or breach Breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom.
Appears in 2 contracts
Exemption of Landlord from Liability. Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s 's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s 's business or for any loss of income or profit therefrom.. Initials___/___
Appears in 1 contract
Samples: Wavesplitter Technologies Inc
Exemption of Landlord from Liability. Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, customers or any other person other than Landlord or Landlord’s Agents in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the Building 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 preparing repairing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterLandlord. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom, except where caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents.
Appears in 1 contract
Exemption of Landlord from Liability. Landlord shall not be liable for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding the foregoing, Landlord shall indemnify and save harmless Tenant and any agents of Tenant from all damages caused by its sole active negligence or willful misconduct. Landlord’s negligence or breach obligations under this paragraph shall survive the termination of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom.
Appears in 1 contract
Samples: Rita Medical Systems Inc
Exemption of Landlord from Liability. Landlord shall not be ------------------------------------ liable for injury to Tenant's business or loss of income therefrom or for damage which may be sustained by Tenant or to the person or person, goods, wares, merchandise or other property of Tenant, Tenant’s its employees, contractors, invitees, customers, agents or contractors or any other person in or about the Premises, whether such damage or injury is caused by or results resulting from fire, earthquake, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the premises Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixtures, or from any other causefixtures of the same, whether the said damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, places and regardless of whether the cause of such damage or injury or the means of preparing repairing the same is accessible or notinaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce the Parcel. The provisions of any other lease this Paragraph 10.2 shall not apply to or in the Industrial Center. Notwithstanding event of any damage or injury caused by the willful misconduct or negligence of Landlord’s negligence , its agents or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefromemployees.
Appears in 1 contract
Samples: Lease (Nvidia Corp/Ca)
Exemption of Landlord from Liability. Except to the extent caused by ------------------------------------ the active negligence or willful misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury or damage which may be sustained by Tenant or to the person or goods, wares, merchandise or other the property of Tenant, Tenant’s 's employees, contractors, invitees, customers, customers or any other person in or about the Premises, whether such Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC air conditioning or lighting fixturesfixtures or (ii) from the condition of the Premises, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or notIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. Notwithstanding Landlord’s 's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or 's business, for any loss of income or profit therefromtherefrom or any indirect, consequential or punitive damages.
Appears in 1 contract
Samples: Sonicwall Inc