Insurance Liability. (1) The Lessor has insurance on the Leased Properties, among other for fire, storm, hail and water damages. The insurance premiums are split proportionately as part of the incidental costs. In addition, the Lessee shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk. (2) The Lessee is liable for all damages culpably caused by it, its employees, staff, or visitors to the Leased Properties or other property of the Lessor. The Lessee is responsible for demonstrating that there was no culpable conduct. For conduct of people for which the Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code]. (3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation by third parties during or after the term of the lease against the Lessor as the owner of the Leased Properties. This includes also liability under the Water Management Act and other Environmental Protection Acts, in particular due to property, water, or groundwater impurities caused by the Lessee’s operation, and also if they extend to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes of the law. (4) The Lessee shall provide to the Lessor on request at any time, also in writing, complete information about the type, scope and use (including disposal) of materials or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose. (5) The Lessee must be adequately insured, due to its liability under the duties assumes under the contract, and show proof of respective insurance, in particular liability insurance, to the Lessor. (1) The Lessee must handle the Leased Property with care, ensure that it is serviced and cared for, and provide what is needed for its security, including access security under the law. (2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below. (3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costs. Damages to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally and in writing. If the Lessee does not comply, fully comply, or timely comply with its duty to service and repair the Leased Properties, the Lessor has the right after warning and expiry of an established additional period of one month to carry out the required work at the cost of the Lessee. (4) The Lessee must compensate the Lessor for depreciation in value caused by operation of the Lessee in accordance with the contract, beyond the normal depreciation in value. (5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Samples: Lease Agreement (Agenus Inc)
Insurance Liability. (1) The Lessor has insurance on the Leased Properties, among other for . Insurance of Lessee's fittings and of stored assets against fire, stormwater, hail burglary and water damages. The insurance premiums are split proportionately as part of the incidental costshousebreaking or other damages is within Lessee's responsibility.
2. In additionparticular, the Lessee shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk.
(2) The Lessee is liable for all the following damages culpably caused by it, its employees, staff, or visitors to the Leased Properties Property:
a) any damages to the fittings and other objects brought in by Lessee, caused by fire or other tap water, including the risks of sewage water and inappropriate penetration of sprinkler water;
b) any personal injury and damage to property to an extent customary in Lessee's line of business
c) broken glass
d) any damages resulting from burglary and housebreaking.
3. Lessee shall effect insurances covering the Lessorrisks mentioned under a-d. Lessor may demand presentation of corresponding insurance policies in regular intervals, including a written declaration by the insurance company confirming that a corresponding examination has not shown a case of underinsurance.
4. The Lessor assumes no liability whatsoever for any possible damages to fittings, unless the damage has been NEGLIGENTLY caused by Lessor or by its vicarious agents. LESSOR, HOWEVER, SHALL BE LIABLE FOR ANY DEFECTS, LESSEE IS EXPRESSLY NOT LIABLE FOR ACCORDING TO THE FOLLOWING.
5. In the case of subleasing, Lessee shall indemnify Lessor against any claims to such an extent as such claims against Lessor are excluded for Lessee itself according to the terms of this contract. This also applies to non-contractual foundations for claims.
6. LESSEE IS LIABLE FOR ANY DAMAGES NEGLIGENTLY CAUSED BY ITS FAILURE TO EXERCISE PROPER CARE, INCLUDING WITHOUT LIMITATION, IN PARTICULAR, INEXPERT HANDLING OF SUPPLY PIPES OR DRAINS, TOILETS AND HEATING PLANTS OR OF ELECTRICAL EQUIPMENT WITHIN THE LEASED ROOMS, AND FAILURE TO PROTECT THEM SUFFICIENTLY FROM FROST OR OTHER INFLUENCES. AT ALL EVENTS, OCCLUSIONS OF PIPES ARE TO BE REMOVED BY LESSEE UP TO THE MAIN PIPE AT ITS OWN EXPENSE.
7. IN THE SAME WAY, LESSEE IS LIABLE FOR ANY DAMAGES NEGLIGENTLY CAUSED TO THE PROPERTY BY ITS EMPLOYEES OR SUBLESSEES. IF SUCH DAMAGE IS CAUSED BY LESSEE'S OR SUBLESSEE'S VISITORS OR SUPPLIERS, LESSEE IS LIABLE ONLY, IF IT FAILS TO INFORM LESSOR ABOUT THE FULL NAME AND ADDRESS OF THE VISITOR OR SUPPLIER (SPECIFIC EXECUTING PERSON). LESSEE SHALL MAINTAIN ANY PIPES AND PLANTS RELATING TO ELECTRICITY, GAS AND SANITATION, LOCKS, BLINDS, AND SIMILAR EQUIPMENT IN A SERVICEABLE CONDITION. LESSEE IS FURTHER LIABLE FOR ANY DAMAGE CAUSED BY INEXPERT HANDLING OR WATER, LIGHT AND POWER MAINS, AND FOR ANY DAMAGE TO TOILETS, SANITATION OR HEATING PLANT AS WELL AS VENTILATION, SMOKE ALARMS AND ACOUSTIC EQUIPMENT (IF AVAILABLE) CAUSED BY LEAVING DOORS OPEN, BY STRUCTURAL MEASURE TAKEN BY LESSEE, BY ADVERTISING EQUIPMENT INSTALLED BY LESSEE OR BY FAILURE TO COMPLY WITH THE OTHER OBLIGATIONS ASSUMED BY LESSEE. Lessee is liable to Lessor for any damages to buildings, doors, gates, elevators, parking lots, traffic ways etc, caused by delivery traffic and exceeding customary wear and tear.
8. AT ALL EVENTS, LESSOR SHALL REPLACE AT ITS OWN EXPENSE ANY DAMAGED GLASS PANES AND MIRRORS IF NECESSARY, LESSOR SHALL EFFECT A GLASS INSURANCE. NOT CLOSING TOILETS AND SINKS, CAUSING WATER TO FLOW CONTINUOUSLY THROUGH LEAKY VALVES THUS RESULTING IN CONSIDERABLE WATER CONSUMPTION, ARE IMMEDIATELY TO BE REPORTED TO LESSOR. DELAYED REPORTS MAY RESULT IN DAMAGE CLAIMS. ON REQUEST, ANY POSSIBLE CLAIMS AGAINST THIRD PARTIES AT FAULT ARE ASSIGNED TO LESSOR BY LESSEE.
9. Lessee is responsible for demonstrating that there was no culpable conductnot exceeding the indicated carrying capacity of the bearing plate.
10. For conduct Lessee shall immediately remove any damages it is responsible for according to the above provisions at its own expense. On Lessee's failure to do so despite written caution and fixing of people an appropriate time limit by Lessor, Lessor may have the corresponding work executed at Lessee's expense. In the case of damages causing any imminent dangers or in the case or unknown abode of Lessee, a written caution of fixing of time line is not required.
11. Lessor shall arrange for which the examination of plants jointly used by several leases or belonging to the commonly used facilities. Lessor is entitled to sign the appropriate fully comprehensive maintenance agreements. Costs shall be apportioned to the lessees. The required examination of plants exclusively used by Lessee or installed by Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code].
(3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation be arranged for by third parties during or after the term of the lease against the Lessor as the owner of the Leased Properties. This includes also liability under the Water Management Act and other Environmental Protection Acts, in particular due to property, water, or groundwater impurities caused by the Lessee’s operation, and also if they extend to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes of the law.
(4) The Lessee shall provide to the Lessor on request at any time, also in writing, complete information about the type, scope and use (including disposal) of materials or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose.
(5) The Lessee must be adequately insured, due to its liability under the duties assumes under the contract, and show proof of respective insurance, in particular liability insurance, to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure that it is serviced and cared for, and provide what is needed for its security, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costsown expense. Damages Lessee is obligated to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally observe and in writing. If the Lessee does not comply, fully comply, or timely comply with each and every statutory or public law provision with respect to its duty to service and repair the Leased Properties, the Lessor has the right after warning and expiry place of an established additional period of one month to carry out the required work at the cost of the Lesseebusiness.
(4) The Lessee must compensate the Lessor 12. Plats and components left for depreciation Lessee's sole use are to be maintained, attended to and kept up in value caused by operation such a way, that they are returned in a serviceable condition after termination of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Insurance Liability. (1) The Lessor has insurance on the Leased Properties, among other for . Insurance of Lessee's fittings and of stored assets against fire, stormwater, hail burglary and water damages. The insurance premiums are split proportionately as part of the incidental costshousebreaking or other damages is within Lessee's responsibility.
2. In additionparticular, the Lessee shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk.
(2) The Lessee is liable for all the following damages culpably caused by it, its employees, staff, or visitors to the Leased Properties Property:
a) any damages to the fittings and other objects brought in by Lessee, caused by fire or other tap water, including the risks of sewage water and inappropriate penetration of sprinkler water;
b) any personal injury and damage to property to an extent customary in Lessee's line of business
c) broken glass
d) any damages resulting from burglary and housebreaking.
3. Lessee shall effect insurances covering the risks mentioned under a-d. Lessor may demand presentation of the Lessorcorresponding insurance policies in regular intervals, including a written declaration by the insurance company confirming that a corresponding examination has not shown a case of underinsurance.
4. The Lessor assumes no liability whatsoever for any possible damages to fittings, unless the damage has been NEGLIGENTLY caused by Lessor or by its vicarious agents. LESSOR, HOWEVER, SHALL BE LIABLE FOR ANY DEFECTS, LESSEE IS EXPRESSLY NOT LIABLE FOR ACCORDING TO THE FOLLOWING.
5. In the case of subleasing, Lessee shall indemnify Lessor against any claims to such an extent as such claims against Lessor are excluded for Lessee itself according to the terms of this contract. This also applies to non-contractual foundations for claims.
6. LESSEE IS LIABLE FOR ANY DAMAGES NEGLIGENTLY CAUSED BY ITS FAILURE TO EXERCISE PROPER CARE, INCLUDING WITHOUT LIMITATION, IN PARTICULAR, INEXPERT HANDLING OF SUPPLY PIPES OR DRAINS, TOILETS AND HEATING PLANTS OR OF ELECTRICAL EQUIPMENT WITHIN THE LEASED ROOMS, AND FAILURE TO PROTECT THEM SUFFICIENTLY FROM FROST OR OTHER INFLUENCES. AT ALL EVENTS, OCCLUSIONS OF PIPES ARE TO BE REMOVED BY LESSEE UP TO THE MAIN PIPE AT ITS OWN EXPENSE.
7. IN THE SAME WAY, LESSEE IS LIABLE FOR ANY DAMAGES NEGLIGENTLY CAUSED TO THE PROPERTY BY ITS EMPLOYEES OR SUBLESSEES. IF SUCH A DAMAGE IS CAUSED BY LESSEE'S OR SUBLESSEE'S VISITORS OR SUPPLIERS, LESSEE IS LIABLE ONLY, IF IT FAILS TO INFORM LESSOR ABOUT THE FULL NAME AND ADDRESS OF THE VISITOR OR SUPPLIER (SPECIFIC EXECUTING PERSON). LESSEE SHALL MAINTAIN ANY PIPES AND PLANTS RELATING TO ELECTRICITY, GAS AND SANITATION, LOCKS, BLINDS, AND SIMILAR EQUIPMENT IN A SERVICEABLE CONDITION. LESSEE IS FURTHER LIABLE FOR ANY DAMAGES CAUSED BY INEXPERT HANDLING OF WATER, LIGHT AND POWER MAINS, AND FOR ANY DAMAGES TO TOILETS, SANITATION OR HEATING PLANT AS WELL AS VENTILATION, SMOKE ALARMS AND ACOUSTIC EQUIPMENT (IF AVAILABLE) CAUSED BY LEAVING DOORS OPEN, BY STRUCTURAL MEASURES TAKEN BY LESSEE, BY ADVERTISING EQUIPMENT INSTALLED BY LESSEE OR BY FAILURE TO COMPLY WITH THE OTHER OBLIGATIONS ASSUMED BY LESSEE. Lessee is liable to Lessor for any damages to buildings, doors, gates, elevators, parking lots, traffic ways etc., caused by delivery traffic and exceeding customary wear and tear.
8. AT ALL EVENTS, LESSOR SHALL REPLACE AT ITS OWN EXPENSE ANY DAMAGED GLASS PANES AND MIRRORS AND IF NECESSARY, LESSOR SHALL EFFECT A GLASS INSURANCE. NOT CLOSING TOILETS AND SINKS, CAUSING WATER TO FLOW CONTINUOUSLY THROUGH LEAKY VALVES THUS RESULTING IN CONSIDERABLE WATER CONSUMPTION, ARE IMMEDIATELY TO BE REPORTED TO LESSOR. DELAYED REPORTS MAY RESULT IN DAMAGE CLAIMS. ON REQUEST, ANY POSSIBLE CLAIMS AGAINST THIRD PARTIES AT FAULT ARE ASSIGNED TO LESSOR BY LESSEE.
9. Lessee is responsible for demonstrating that there was no culpable conductnot exceeding the indicated carrying capacity of the bearing plate.
10. For conduct Lessee shall immediately remove any damages it is responsible for according to the above provisions at its own expense. On Lessee's failure to do so despite written caution and fixing of people an appropriate time limit by Lessor, Lessor may have the corresponding work executed at Lessee's expense. In the case of damages causing any imminent dangers or in the case of unknown abode of Lessee, a written caution or fixing of time limit is not required.
11. Lessor shall arrange for which the examination of plants jointly used by several lessees or belonging to the commonly used facilities. Lessor is entitled to sign appropriate fully comprehensive maintenance agreements. Costs shall be apportioned to the lessees. The required examination of plants exclusively used by Lessee or installed by Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code].
(3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation be arranged for by third parties during or after the term of the lease against the Lessor as the owner of the Leased Properties. This includes also liability under the Water Management Act and other Environmental Protection Acts, in particular due to property, water, or groundwater impurities caused by the Lessee’s operation, and also if they extend to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes of the law.
(4) The Lessee shall provide to the Lessor on request at any time, also in writing, complete information about the type, scope and use (including disposal) of materials or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose.
(5) The Lessee must be adequately insured, due to its liability under the duties assumes under the contract, and show proof of respective insurance, in particular liability insurance, to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure that it is serviced and cared for, and provide what is needed for its security, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costsown expense. Damages Lessee is obligated to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally observe and in writing. If the Lessee does not comply, fully comply, or timely comply with each and every statutory or public law provision with respect to its duty to service and repair the Leased Properties, the Lessor has the right after warning and expiry place of an established additional period of one month to carry out the required work at the cost of the Lesseebusiness.
(4) The Lessee must compensate the Lessor 12. Plants and components left for depreciation Lessee's sole use are to be maintained, attended to and kept up in value caused by operation such a way, that they are returned in a serviceable condition after termination of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Insurance Liability. (1) The Lessor has insurance on the Leased Properties, among other for fire, storm, hail and water damages. The insurance premiums are split proportionately as part of the incidental costs. In addition, the Lessee shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk.
(2) The Lessee is liable for all damages culpably caused by it, its employees, staff, or visitors to the Leased Properties or other property of the Lessor. The Lessee is responsible for demonstrating that there was no culpable conduct. For conduct of people for which the Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code].
(3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation by third parties during or after During the term of this Rental Contract, Tenant shall and Owner may each carry and maintain comprehensive public liability insurance respectively insuring themselves against liability for injury to persons or property occurring in or about the lease against the Lessor as the owner leased premises, or arising out of the Leased Propertiesmaintenance, use, or occupancy thereof. Tenant shall also be responsible for insuring Tenant's personal possessions and for housing themselves when or if the property becomes unlivable. Owner may also carry fire and casualty insurance insuring the house and Owner's contents, but not the Tenant's contents thereof. The Tenant also agrees to make a diligent effort to report any hazardous conditions to the Owner/Agent in writing as soon as they are discovered to enable them to be remedied, if the obligations of Owner/Agent. The Tenant agrees to accept full liability for any liability, mishaps or accidents and to defend, indemnify and hold the Owner/Agent free from harm or loss arising from claims of any other parties, regardless of cause. Tenant agrees to neither hold nor attempt to hold Owner or Agent liable for any injury or damage occasioned by defective electrical wiring, breakage or stoppage of plumbing or sewage, or any other condition of or on the property. Owner/Agent shall not be liable for damage suffered by Tenant due to appliance breakdown or malfunction. Tenant agrees that Owner/Agent shall not be liable for any personal injury, property damage, or bodily injury sustained by Tenant or those by, through or under Tenant which occurs on the property. This includes also release of liability under the Water Management Act shall apply to all bodily and other Environmental Protection Actspersonal injuries and property damage, in particular due to propertyregardless of cost, water, or groundwater impurities except for any caused by the Lessee’s operationGross Negligence of Owner/Agent. Tenant undertakes and agrees to defend, indemnify and also if they extend hold Owner/Agent harmless from any such personal injury, bodily injury, or property damage. Tenant acknowledges that Owner/Agent has made no representations as to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes environmental condition of the law.
(4) The Lessee property, which includes but is not limited to such things as radon gas, hazardous materials, asbestos, mold, lead- based paint, or any other environmental hazard or condition. In the event any such environmental hazard shall provide to be found or identified on the Lessor on request at property, Owner/Agent shall not be liable for any timeinjury or damage sustained by Tenant or those by, also in writing, complete information about the type, scope and use (including disposal) of materials through or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose.
(5) The Lessee must be adequately insured, under Tenant due to its or arising from such environmental hazard and Tenant specifically waives and releases Landlord from such liability under the duties assumes under the contractto include, but not be limited to any moving or relocation expenses incurred by Tenant. Tenant warrants and show proof of respective insurance, in particular liability insurance, to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure represents that it is serviced and cared forwill not cause or permit any hazardous material to be used, and provide what is needed for its securitystored, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costs. Damages to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally and in writing. If the Lessee does not comply, fully complygenerated, or timely comply with its duty to service and repair disposed of on or in the Leased Properties, the Lessor has the right after warning and expiry of an established additional period of one month to carry out the required work at the cost of the Lesseeproperty.
(4) The Lessee must compensate the Lessor for depreciation in value caused by operation of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Samples: Rental Contract
Insurance Liability. During the Term of this Lease Agreement, Tenant shall and Owner may each carry and maintain comprehensive public liability insurance respectively insuring themselves against liability for injury to persons or property occurring in or about the leased Premises, or arising out of the maintenance, use, or occupancy thereof. Tenant shall also be (1rev 01/12/14) X X X X X Page 5 of 11 Tenant Tenant Tenant Tenant Agent responsible for insuring Tenant's personal possessions and for housing themselves when or if the property becomes unlivable. Owner may also carry fire and casualty insurance insuring the house and Owner's contents, but not the Tenant's contents thereof. The Lessor has insurance Tenant also agrees to make a diligent effort to report any hazardous conditions to the Owner/Agent in writing as soon as they are discovered to enable them to be remedied. The Tenant agrees to accept full liability for any liability, mishaps or accidents and to defend, indemnify and hold the Owner/Agent free from harm or loss arising from claims of any other parties, regardless of cause. Tenant agrees to neither hold nor attempt to hold Owner or Agent liable for any injury or damage caused by defective electrical wiring, breakage or stoppage of plumbing or sewage, or any other condition of or on the Leased Properties, among other for fire, storm, hail and water damagesproperty. The insurance premiums are split proportionately as part of the incidental costs. In addition, the Lessee Owner/Agent shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk.
(2) The Lessee is not be liable for all damages culpably caused damage suffered by itTenant due to appliance breakdowns or malfunctions. Tenant agrees that Owner/Agent shall not be liable for any personal injury, its employees, staffproperty damage, or visitors to bodily injury sustained by Tenant or those by, through or under Tenant which occurs on the Leased Properties or other property of the Lessor. The Lessee is responsible for demonstrating that there was no culpable conduct. For conduct of people for which the Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code].
(3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation by third parties during or after the term of the lease against the Lessor as the owner of the Leased Propertiesproperty. This includes also release of liability under the Water Management Act shall apply to all bodily and other Environmental Protection Actspersonal injuries and property damage, in particular due to propertyregardless of cost, water, or groundwater impurities except for any caused by the Lessee’s operationGross Negligence of Owner/Agent. Tenant undertakes and agrees to defend, indemnify and also if they extend hold Owner/Agent harmless from any such personal injury, bodily injury, or property damage. Tenant acknowledges that Owner/Agent has made no representations as to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes environmental condition of the law.
(4) The Lessee property, which includes but is not limited to such things as radon gas, hazardous materials, asbestos, mold, lead- based paint, or any other environmental hazard or condition. In the event any such environmental hazard shall provide to be found or identified on the Lessor on request at property, Owner/Agent shall not be liable for any timeinjury or damage sustained by Tenant or those by, also in writing, complete information about the type, scope and use (including disposal) of materials through or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose.
(5) The Lessee must be adequately insured, under Tenant due to its or arising from such environmental hazard and Tenant specifically waives and releases Owner from such liability under the duties assumes under the contractto include, but not be limited to any moving or relocation expenses incurred by Tenant. Tenant warrants and show proof of respective insurance, in particular liability insurance, to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure represents that it is serviced and cared forwill not cause or permit any hazardous material to be used, and provide what is needed for its securitystored, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costs. Damages to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally and in writing. If the Lessee does not comply, fully complygenerated, or timely comply with its duty to service and repair disposed of on or in the Leased Properties, the Lessor has the right after warning and expiry of an established additional period of one month to carry out the required work at the cost of the Lesseeproperty.
(4) The Lessee must compensate the Lessor for depreciation in value caused by operation of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Samples: Lease Agreement
Insurance Liability. (1) The Lessor has insurance on Landlord shall keep the Leased Propertiesleased properties insured, among other for fireinter alia, storm, hail and water damagesagainst fire damage at the replacement value. The insurance premiums are split proportionately as basic premium for the unused leased properties shall form part of the incidental costsnon-consumption-related ancillary costs pursuant to Annex 5, Clause 1 (11). In addition, the Lessee Tenant shall pay bear the premium extras surcharges caused by its business for the Leased Properties as a result leased properties or for the buildings in which the leased properties are located, and for any neighbouring properties if appropriate. The Tenant undertakes to inform the Landlord fully and promptly of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase the risk.
(2) The Lessee is Tenant shall be liable for all damages damage culpably caused to the leased properties or to any other property of the Landlord by it, its employeesdependants, staff, its staff or visitors visitors. It shall be incumbent upon the Tenant to the Leased Properties or other property of the Lessor. The Lessee is responsible for demonstrating prove that there was no culpable conductconduct occurred. For conduct In respect of people actions by persons for which whom the Lessee Tenant is liable, the Lessee it waives the right of defensive proof pursuant to exonerating evidence according to Section 000, XXX Article 831 BGB [Xxxxxx German Civil Code].
(3) The Lessee exempts Tenant shall indemnify the Lessor from Landlord against all claims asserted due to its operation or effects of its operation by third parties made during or after the term of the lease by private or public third parties against the Lessor Landlord, as the owner of the Leased Propertiesleased properties, on account of the Tenant's business or the effects thereof. This includes shall also include liability situations under the Water Management Resources Act and other Environmental Protection Actsenvironmental protection legislation, in particular due to propertyespecially on account of land, water, water or groundwater impurities contamination caused by the Lessee’s operationTenant's business, and also if they extend to neighboring including such contamination affecting neighbouring or nearby properties. The Lessee is a direct discharger of sewage for the purposes of the lawsurrounding land.
(4) The Lessee Tenant shall at all times provide to the Lessor Landlord with comprehensive information, in writing if requested, on request at any timethe nature, also in writing, complete information about the type, scope extent and use (including disposal) of materials or substances that may might be viewed as harmful deemed an environmental hazard. To this end, the Tenant shall permit access to the environment. The Lessee shall allow leased properties by the environmental agent of the Lessor Landlord's environment officer or its representative also to enter the Leased Property for this purposehis representative.
(5) The Lessee must be Tenant undertakes to keep itself adequately insured, due to insured against its liability under arising from the duties assumes under the contractobligations contractually entered into, and show proof of respective insurance, in particular liability insurance, to furnish evidence to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure that it is serviced and cared for, and provide what is needed for its security, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent Landlord that the Lessee cannot use the Leased Property otherwise, and no other provisions are made belowpolicies have been arranged.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costs. Damages to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally and in writing. If the Lessee does not comply, fully comply, or timely comply with its duty to service and repair the Leased Properties, the Lessor has the right after warning and expiry of an established additional period of one month to carry out the required work at the cost of the Lessee.
(4) The Lessee must compensate the Lessor for depreciation in value caused by operation of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Samples: Business Premises Lease (Integrated Sensor Solutions Inc)
Insurance Liability. (1) The Lessor has insurance on the Leased Properties, among other for fire, storm, hail and water damages. The insurance premiums are split proportionately as part of the incidental costs. In addition, the Lessee shall pay the premium extras for the Leased Properties as a result of its operations, starting from the occurrence of the circumstance that increases the risk. The Lessee must inform the Lessor in full and in a timely manner about the emergence of any circumstances that increase risk.
(2) The Lessee is liable for all damages culpably caused by it, its employees, staff, or visitors to the Leased Properties or other property of the Lessor. The Lessee is responsible for demonstrating that there was no culpable conduct. For conduct of people for which the Lessee is liable, the Lessee waives the right to exonerating evidence according to Section 000, XXX [Xxxxxx Civil Code].
(3) The Lessee exempts the Lessor from all claims asserted due to its operation or effects of its operation by third parties during or after During the term of this Rental Contract, Tenant shall and Owner may each carry and maintain comprehensive public liability insurance respectively insuring themselves against liability for injury to persons or property occurring in or about the lease against the Lessor as the owner leased premises, or arising out of the Leased Propertiesmaintenance, use, or occupancy thereof. Tenant shall also be responsible for insuring Xxxxxx's personal possessions and for housing themselves when or if the property becomes unlivable. Owner may also carry fire and casualty insurance insuring the house and Owner's contents, but not the Tenant's contents thereof. The Tenant also agrees to make a diligent effort to report any hazardous conditions to the Owner/Agent in writing as soon as they are discovered to enable them to be remedied, if the obligations of Owner/Agent. The Tenant agrees to accept full liability for any liability, mishaps or accidents and to defend, indemnify and hold the Owner/Agent free from harm or loss arising from claims of any other parties, regardless of cause. Xxxxxx agrees to neither hold nor attempt to hold Owner or Agent liable for any injury or damage occasioned by defective electrical wiring, breakage or stoppage of plumbing or sewage, or any other condition of or on the property. Owner/Agent shall not be liable for damage suffered by Tenant due to appliance breakdown or malfunction. Xxxxxx agrees that Owner/Agent shall not be liable for any personal injury, property damage, or bodily injury sustained by Tenant or those by, through or under Tenant which occurs on the property. This includes also release of liability under the Water Management Act shall apply to all bodily and other Environmental Protection Actspersonal injuries and property damage, in particular due to propertyregardless of cost, water, or groundwater impurities except for any caused by the Lessee’s operationGross Negligence of Owner/Agent. Tenant undertakes and agrees to defend, indemnify and also if they extend hold Owner/Agent harmless from any such personal injury, bodily injury, or property damage. Tenant acknowledges that Owner/Agent has made no representations as to neighboring or nearby properties. The Lessee is a direct discharger of sewage for the purposes environmental condition of the law.
(4) The Lessee property, which includes but is not limited to such things as radon gas, hazardous materials, asbestos, mold, lead- based paint, or any other environmental hazard or condition. In the event any such environmental hazard shall provide to be found or identified on the Lessor on request at property, Owner/Agent shall not be liable for any timeinjury or damage sustained by Tenant or those by, also in writing, complete information about the type, scope and use (including disposal) of materials through or substances that may be viewed as harmful to the environment. The Lessee shall allow the environmental agent of the Lessor or its representative also to enter the Leased Property for this purpose.
(5) The Lessee must be adequately insured, under Tenant due to its or arising from such environmental hazard and Tenant specifically waives and releases Landlord from such liability under the duties assumes under the contractto include, but not be limited to any moving or relocation expenses incurred by Tenant. Tenant warrants and show proof of respective insurance, in particular liability insurance, to the Lessor.
(1) The Lessee must handle the Leased Property with care, ensure represents that it is serviced and cared forwill not cause or permit any hazardous material to be used, and provide what is needed for its securitystored, including access security under the law.
(2) The ongoing service and repair measures must be carried out by the Lessor at its cost, if and to the extent that the Lessee cannot use the Leased Property otherwise, and no other provisions are made below.
(3) Damages to the Leased Properties caused by use of the Leased Properties must be professionally and immediately rectified by the Lessee at its costs. Damages to the Leased Properties that were not caused by use or by the Lessee must be rectified by the Lessee up to the amount of 10 (in words: ten) percent of the net annual rent per year. Damages to the Leased Properties must be reported to the Lessor immediately verbally and in writing. If the Lessee does not comply, fully complygenerated, or timely comply with its duty to service and repair disposed of on or in the Leased Properties, the Lessor has the right after warning and expiry of an established additional period of one month to carry out the required work at the cost of the Lesseeproperty.
(4) The Lessee must compensate the Lessor for depreciation in value caused by operation of the Lessee in accordance with the contract, beyond the normal depreciation in value.
(5) The Lessee has no right to claim compensation for damages due to an initial defect of the Leased Properties or due to delay by the Lessor in rectifying the initial defect, as long as the defect was not intentionally or grossly negligently left by the Lessor. The assertion of damage compensation claims by the Lessee for defects of the Leased Properties discovered retroactively or due to delay by the Lessor in rectifying the defect discovered retroactively and a termination for this reason require that, despite a written warning of the Lessee, the Lessor failed to rectify the defect within a reasonable period after the warning. Claims for reduction of rent due to the type, properties, and size of the Leased Property and the rights of withdrawal due to a defect are excluded.
Appears in 1 contract
Samples: Rental Contract
