Common use of Exemption of Lessor from Liability Clause in Contracts

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee'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, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or 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 repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for loss of or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the office Building Project, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Office Building of which the Premises are a partProject, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Office Building Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereininaccessible, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee lessee, occupant or user of Lessor the Office Building Project, nor from the failure by of Lessor to enforce the provisions of any other lease in of any other lessee of the Industrial CenterOffice Building Project. Except in In any event of liability for which Lessor is not expressly exempted by the case provisions of Lessor's negligence or willful conductthis paragraph 8.9, Lessor's breach of this Lease or liability, if any, shall be limited to an amount equal to Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrominterest in the Office Building Project.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable Liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, customers or any other person in there or about the PremisesPremises nor shall lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning condition or lighting fixtures, fixtures or from any other cause, cause whether said the same damage or 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, part or from other sources or places, places and regardless of whether the cause of such damage or injury or results from the means of repairing the same is accessible or not. Except in the case of Lessor's sole negligence or willful conductacts of Lessor, Lessor's breach of this Lease employees, agents or Lessor's breach of contractors. Not withstanding the above, Lessee shall be under no duty to indemnify and hod Lessor harmless from any representations liability, claims, or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from because of the sole negligence or any act intentional or neglect of any other lessee willful acts of Lessor nor from the failure by or any person who is an agent or employee of Lessor to enforce the provisions of any other lease acting in the Industrial Center. Except in the case course and scope of Lessor's negligence their agency or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromemployment.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence Lessor does not make, ---------------------------------------------- and has not made, representations or willful conductwarranties, Lessor's breach of this Lease express or Lessor's breach of implied, nor does Lessor make any representation or warranty herein regarding the condition of the Premises or any part thereof. Lessee, not Lessor, shall be fully responsible for the costs of and for effectuating any and all alterations, repairs and replacements required to be made by Lessor hereinall governmental authorities having jurisdiction for the continued licensing and certification of the Licensed Facility, as well as all alterations and replacements required to maintain and preserve the Premises in the condition called for herein throughout the Term. Brier Oak Convalescent Lease Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to the person of Lessee, Lessee's patients, employees, agents, contractors or subcontractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises Premises, the furniture and equipment 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 repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury inaccessible to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in to the case extent of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's direct damages caused by breach of any representation covenant of Lessor contained in PARAGRAPH 8.1, or warranty made by Lessor hereinthe gross negligence or reckless or wilful misconduct of Lessor, and Subject to the last sentence of this PARAGRAPH, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's shareholders, officers, directors, 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, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or 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, 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 accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor or from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Notwithstanding Lessor's negligence gross negligence, wilful or willful conduct, Lessor's breach of this Lease reckless misconduct or Lessor's breach of any representations covenant, including without limitation those contained in PARAGRAPH 8.1, or warranty made by Lessor hereinany other provision of this Lease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom, or for consequential or indirect damages resulting from Lessor's acts or omissions.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee'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, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or 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 repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Notwithstanding Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereinLease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom. Nothing in Paragraph 8.8 shall be deemed to release or exempt Lessor from liability for the gross negligence or reckless or intentional misconduct of Lessor or its employees and agents. This Paragraph shall not be interpreted, however, to expand the liability of Lessor for the acts or omissions of its agents and employees beyond the ordinary scope of that liability under California case law and statute.

Exemption of Lessor from Liability. Except in the case of Lessor's gross negligence or willful conductmisconduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, the Lessor shall not be liable for injury to the Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of the Lessee, the Lessee's employees, contractors, invitees, customers, customers or any other person in or about the Premises, nor shall the Lessor be liable for injury to the person of the Lessee, the Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steamexplosion, falling plaster, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said such damage or injury or damage results from form conditions arising upon the Premises or upon other portions of the Building of which the Premises are a partBuilding, 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 accessible inaccessible. The Lessor shall not be liable for incorporeal hereditaments including interference or notobstruction of light, air or view. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, The Lessor shall not be liable for any damages arising from any act or neglect of any other lessee tenant of Lessor nor from the failure by Lessor to enforce Building or the provisions other portions of any other lease in the Industrial Center. Except Project except in the case of Lessor's gross negligence or willful conduct, misconduct of the Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, . The Lessee acknowledges that the Building was constructed many years ago and does not meet current seismic standards. The Lessor shall under no circumstances not be liable for injury to the Lessee's business or any lost income therefrom or for damage to the property of the Lessee, the Lessee's employees, invitees, customers or any loss other person in or about the Premises, nor shall the Lessor be liable for the injury to the person of income the Lessee, the Lessee's employees, agents or profit therefromcontractors as a result of damage or injury caused by earthquake or seismic hazard.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for loss of or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the Office Building Project, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, cause whether said damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Office Building of which the Premises are a partProject, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Office Building Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereininaccessible, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee lessee, occupant or user of Lessor the Office Building Project, nor from the failure by of Lessor to enforce the provisions of any other lease of any other lessee of the Office Building Project. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Lessee the Industrial Center. Except in the case foregoing exemption of Lessor from liability shall not apply to injury, loss or other claims resulting from Lessor's negligence negligence, willful misconduct or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromLease.

Exemption of Lessor from Liability. Except in for the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor hereinwhich is not otherwise attributable to Lessee's actions or omissions and the sole, active negligence or intentional misconduct of Lessor, its agents, employees or contractors, Lessee hereby agrees that Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractorsagents, contractors or invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to Lessee or Lessee's employees, agents, contractors or invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning systems or equipment or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises 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 repairing the same is accessible or not. Except inaccessible to Lessee; provided, however, in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by no event shall Lessor herein, Lessor shall not be liable for any damages arising from any act to Lessee, or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business employees, agents, contractors or invitees, for any loss of income lost profits or profit therefromother consequential or speculative losses or damages claimed or incurred by Lessee or by Lessee's employees, agents, contractors or invitees, and Lessee waives and releases all such claims against Lessor for lost profits or other consequential or speculative losses or damages by Lessee and agrees to indemnify Lessor pursuant to Section 8.6 against such claims by Lessee's employees, agents, contractors or invitees.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable to Lessee for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise merchandise, or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the Industrial Center, nor shall Lessor be liable to Lessee for injury to the person of Lessee, Lessee's employees, agents, or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions to the extent arising upon the Premises or upon other portions of the Building of which the Premises are a partIndustrial Center, 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 accessible or notinaccessible to Lessee. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable to Lessee for any damages to the extent arising from any act or neglect of any other lessee lessee, occupant, or user of Lessor the Industrial Center, nor from the failure by of Lessor to enforce the provisions of any other lease in of the Industrial Center. Except The foregoing exemption of Lessor from liability set forth in the case two preceding sentences shall not extend to any liability of Lessor's Lessor arising out of the gross negligence or willful conduct, Lessor's breach misconduct of this Lease Lessor or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromemployees.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee'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, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or 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 repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations representation or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations representation or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, wares merchandise or other property of Lessee, Lessee'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, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or 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 repairing the same is accessible or not. Except in the case of , unless caused by Lessor's or its agents' or employees' gross negligence or willful conductintentional misconduct, Lessor's maintenance obligations hereunder, a latent defect in the Premises, Building or Common Area not constructed or installed by Lessee or any default or breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, under this Lease. Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial CenterBuilding. Except in the case of Notwithstanding Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereinLease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom. This Paragraph 8.8 shall be inapplicable respecting the damages for delay in delivery of the original Premises or the Expansion Space as specified in Sections 3.3 and 50.6 hereof.