Exemption of Sublandlord from Liability. Subtenant hereby agrees that Sublandlord shall not be liable for injury to Subtenant’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Subtenant, Subtenant’s employees, invitees, customers, or any other person in or about the Premises, nor shall Sublandlord be liable for injury to the person of Subtenant, Subtenant’s employees, agents or contractors, as a result of any condition of the Premises or the Building, 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, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause in or about the Premises, whether the said damage or injury results from conditions arising in the Premises or in 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 Subtenant. Sublandlord shall not be liable for any damages arising from any act or neglect of any other Subtenant, if any, of the building in which the Premises are located.
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Exemption of Sublandlord from Liability. Subtenant hereby agrees that Sublandlord shall not be --------------------------------------- liable to Subtenant or anyone else for any harm, injury to Subtenant’s business (including illness and emotional distress), death or any loss of income therefrom or for damage to (i) the person or goods, wares, merchandise or other property of Subtenant, Subtenant’s employees, invitees, customersany Subtenant Party, or any other person in on or about traveling to or from the Subleased Premises, nor shall Sublandlord be liable for injury to the person of Subtenant, Subtenant’s employees, agents or contractors, as a result of any condition of the Premises (ii) Subtenant or the Buildingits business, 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 or pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures, or from any other cause in variation or about the Premises, whether the said damage or injury results from conditions arising in the Premises or in other portions interruption of the building of which the Premises are a partutility (including telecommunications) services, or from any other cause, including where the said injury or damage results from Sublandlord's or its employees', agents', or contractors' acts or omissions or from any other sources or places and regardless of whether places, but not to the cause of such damage or extent the said injury or damage results from the means gross negligence or willful misconduct of repairing the same is inaccessible to SubtenantSublandlord or its employees, agents or contractors. Sublandlord shall not be liable for any damages arising from any act or neglect of any other Subtenant, if any, tenant or subtenant of the building in which the Premises are locatedProject. Notwithstanding Sublandlord's negligence or breach of this Sublease, Sublandlord shall under no circumstances be liable for injury to Subtenant's business or for any loss of income or profit therefrom or for any other consequential damages suffered by Subtenant.
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Samples: Sublease (Maxygen Inc)
Exemption of Sublandlord from Liability. Subtenant hereby agrees that Unless caused by Sublandlord’s gross negligence or willful misconduct, Sublandlord shall not be liable for injury to Subtenant’s business or any loss of income therefrom or for damage to the person or goods, wares, merchandise merchandise, or other property of Subtenant, Subtenant’s employees, contractors, invitees, customers, or any other person in or about the Master Premises, nor shall Sublandlord be liable for injury to the person of Subtenant, Subtenant’s employees, agents or contractors, as a result of any condition of the Premises or the Building, 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 in or about the Premisescause, whether the said injury or damage or injury results from conditions arising in from the Master Premises or in from any other portions of the building of which the Premises are a partsource or place, 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 accessible. Notwithstanding any provision in this Sublease to Subtenant. the contrary, neither Sublandlord nor any Sublandlord Related Parties, Master Landlord, any holder of any mortgage, deed of trust, or other security instrument encumbering the Building, the Building ground lessor, the Building property manager, the Building leasing manager, nor their respective partners, members, officers, directors, agents, or employees (collectively, the “Indemnitees”), shall not be liable for (and Subtenant hereby waives any damages arising from claims for) any consequential damages, compensation or claims for inconvenience or loss of business, rents or profits as a result of any injury or damage, whether or not caused by the willful and wrongful act of any of the foregoing Indemnitees. Subtenant and its respective partners, members, officers, directors, agents, and employees shall only be liable to Sublandlord and Sublandlord’s Related Parties for any consequential damages, compensation or claims for inconvenience or loss of business, rents or profits as a result of any injury or damage to the extent; (a) (i) caused directly by an act or neglect omission of Subtenant or any other of Subtenant’s invitees, if anyagents or employees and (ii) Master Landlord has brought an action or proceeding against Sublandlord for same; or (b) to the extent resulting from a holdover (which is governed by Section 24 of this Sublease). Without limiting Subtenant’s indemnity obligations under Section 17, of the building Subtenant shall indemnify Sublandlord in which the Premises are locatedaccordance with Section 17 for any Claims brought by Master Landlord against Sublandlord pursuant to item (a)(ii) above, provided that (a)(i) is satisfied.
Appears in 1 contract
Samples: Sublease (Dynavax Technologies Corp)
Exemption of Sublandlord from Liability. Subtenant hereby agrees that Unless caused by Sublandlord’s negligence or willful misconduct, Sublandlord shall not be liable for injury to Subtenant’s business or any loss of income therefrom or for damage to the person or goods, wares, merchandise merchandise, or other property of Subtenant, Subtenant’s employees, contractors, invitees, customers, or any other person in or about the Master Premises, nor shall Sublandlord be liable for injury to the person of Subtenant, Subtenant’s employees, agents or contractors, as a result of any condition of the Premises or the Building, 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 in or about the Premisescause, whether the said injury or damage or injury results from conditions arising in from the Master Premises or in from any other portions of the building of which the Premises are a partsource or place, 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 accessible. Notwithstanding any provision in this Sublease to Subtenant. Sublandlord the contrary, neither Sublandlord, nor Master Landlord nor any of its owners, partners, principals, members, trustees, officers, directors, shareholders, agents, employees and lenders, shall not be liable for (and Subtenant hereby waives any damages arising from claims for) any act injury or neglect damage to, or interference with, Subtenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any other Subtenant, if any, form of the building in which the Premises are locatedspecial or consequential damage.
Appears in 1 contract
Samples: Sublease (Dynavax Technologies Corp)
Exemption of Sublandlord from Liability. Subtenant hereby agrees that Sublandlord shall not be liable to Subtenant or anyone else for any harm, injury to Subtenant’s business (including illness and emotional distress), death or any loss of income therefrom or for damage to (i) the person or goods, wares, merchandise or other property of Subtenant, Subtenant’s employees, invitees, customersany Subtenant Party, or any other person in on or about traveling to or from the Subleased Premises, nor shall Sublandlord be liable for injury to the person of Subtenant, Subtenant’s employees, agents or contractors, as a result of any condition of the Premises (ii) Subtenant or the Buildingits business, 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 or pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures, or from any other cause in variation or about the Premises, whether the said damage or injury results from conditions arising in the Premises or in other portions interruption of the building of which the Premises are a partutility (including telecommunications) services, or from any other cause, including where the said injury or damage results from Sublandlord’s or its employees’, agents’, or contractors’ acts or omissions or from any other sources or places and regardless of whether places, but not to the cause of such damage or extent the said injury or damage results from the means gross negligence or willful misconduct of repairing the same is inaccessible to SubtenantSublandlord or its employees, agents or contractors. Sublandlord shall not be liable for any damages arising from any act or neglect of any other Subtenant, if any, tenant or subtenant of the building in which the Premises are locatedProject. Notwithstanding Sublandlord’s negligence or breach of this Sublease, Sublandlord shall under no circumstances be liable for injury to Subtenant’s business or for any loss of income or profit therefrom or for any other consequential damages suffered by Subtenant.
Appears in 1 contract
Samples: Sublease (Cygnus Inc /De/)