Common use of LANDLORD'S NON-LIABILITY Clause in Contracts

LANDLORD'S NON-LIABILITY. Subject to the express indemnity obligations of Section 10.3 (b) of this Lease, Landlord shall not be liable to Tenant, its employees, agents and invitees, and Tenant hereby waives all claims against Landlord for loss of or damage to any property, or any injury to any person, or any other loss, cost, damage, injury or liability whatsoever resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Building or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Building, whether the damage or injury results from conditions arising in the Premises or in other portions of the Project. Notwithstanding any provision of this Lease to the contrary, and regardless of the negligence or willful misconduct of Landlord or its employees, or authorized agents or a default by Landlord of its obligations under this Lease, Landlord shall in no event be liable to Tenant, its employees, agents or invitees and Tenant hereby waives all claims against Landlord, for loss or interruption of Tenant's business or income (including, without limitation, any consequential damages and lost profit or opportunity costs), or for any loss, cost, damage, injury or liability resulting from Acts of God (except with respect to restoration obligations pursuant to Article XI below), acts of civil disobedience or insurrection, acts or omissions (criminal or otherwise) of any third parties, including, without limitation, any other tenants within the Project or their agents, employees, contractors, guests or invitees. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building. Except as provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business (including, without limitation, consequential damages and lost profit or opportunity costs) arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Neither Landlord nor its agents shall be liable for interference with light or other similar intangible interests. Tenant shall immediately notify Landlord in case of fire or accident in the Premises, the Building or the Project and of defects in any improvements or equipment.

Appears in 3 contracts

Samples: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp), Industrial Lease (New Century Financial Corp)

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LANDLORD'S NON-LIABILITY. Subject Except to the express indemnity obligations extent a claim, liability, cost or expense is caused solely by the gross negligence or willful misconduct of Section 10.3 (b) of this LeaseLandlord, Landlord shall not be liable to Tenant, its employees, agents and invitees, and Tenant hereby waives all claims against Landlord for loss of or damage to any property, or any injury to any person, or any other loss, cost, damage, injury or liability whatsoever resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Building or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Building, whether the damage or injury results from conditions arising in the Premises or in other portions of the Project. Notwithstanding any provision of this Lease to the contrary, and regardless of the negligence or willful misconduct of Landlord or its employees, or authorized agents or a default by Landlord of its obligations under this Lease, Landlord shall in no event be liable to Tenant, its employees, agents or invitees and Tenant hereby waives all claims against Landlord, for loss or interruption of Tenant's business or income (including, without limitation, any consequential damages and lost profit or opportunity costs), or for any loss, cost, damage, injury or liability resulting from Acts of God (except with respect to restoration obligations pursuant to Article XI below), acts of civil disobedience or insurrection, acts or omissions (criminal or otherwise) of any third parties, including, without limitation, any other tenants within the Project or their agents, employees, contractors, guests or invitees. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building. Except as provided in this LeaseSections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business (including, without limitation, consequential damages and lost profit or opportunity costs) arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Neither Landlord nor its agents shall be liable for interference with light or other similar intangible interests. Tenant shall immediately notify Landlord in case of fire or accident in the Premises, the Building or the Project and of defects in any improvements or equipment.

Appears in 1 contract

Samples: Industrial Lease (Newgen Results Corp)

LANDLORD'S NON-LIABILITY. Subject to The Tenant agrees that the express indemnity obligations of Section 10.3 (b) of this Lease, Landlord shall not be liable or responsible in any way for any injury or death to Tenant, its employees, agents and invitees, and Tenant hereby waives all claims against Landlord any person or for any loss of or damage to any propertyproperty at any time in, on or about the Premises or any injury property owned by or being the responsibility of the Tenant or any of its servants, agents, customers, contractors or persons for whom the Tenant is in law responsible elsewhere in, on or about the Project, no matter how the same shall be caused unless such death, injury, loss or damage is caused by the negligence of the Landlord, its servants, agents, employees, contractors or persons for whom the Landlord is in law responsible. Without limiting the generality of the foregoing, the Landlord shall not be liable or responsible for any injury, death, loss or damage to any person, persons or property caused or contributed to by any other loss, cost, damage, injury or liability whatsoever resulting from of the following: fire, explosion, falling plastersteam, steamwater, rain, snow, electricity, gas, electricity, water or rain which may leak falling plaster; or flow by dampness or leaks from or into any part of the Building or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbingplumbing works, air conditioningroof, electrical works exterior walls or any other fixtures source whatsoever; and the Landlord shall not be liable or responsible in any way for any injury, death, loss or damage to any person or property caused by any other tenants or occupants of the BuildingProject or by any occupants of any adjoining property or by the public or by the construction of any public, whether the damage quasi-public, or injury results from conditions arising private work or utilities. All property kept or stored in or about the Premises or kept or stored by the Tenant or any of its servants, agents, customers, contractors or persons for whom the Tenant is in other portions law responsible elsewhere in the Project shall be at the sole risk of the ProjectTenant and the Tenant shall indemnify the Landlord and save it harmless in respect of the same. Notwithstanding Without in any provision way limiting or affecting the generality or interpretation of the foregoing provisions of this Lease to Subsection 8.7, it is agreed that the contrary, and regardless of the negligence or willful misconduct of Landlord or its employees, or authorized agents or a default by Landlord of its obligations under this Lease, Landlord shall in no event be liable to Tenant, its employees, agents for any indirect or invitees and Tenant hereby waives all claims against Landlord, for loss or interruption of Tenant's business or income (including, without limitation, any consequential damages suffered by the Tenant. Irrespective of whether the Landlord installs or requires the Tenant to install any particular type of demising wall or partition, and lost profit or opportunity costs), or even if the same is for any lossreason accessible to easy unauthorized entry, cost, damage, injury or liability resulting from Acts of God (except with respect to restoration obligations pursuant to Article XI below), acts of civil disobedience or insurrection, acts or omissions (criminal or otherwise) of any third parties, including, without limitation, any other tenants within the Project or their agents, employees, contractors, guests or invitees. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building. Except as provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business (including, without limitation, consequential damages and lost profit or opportunity costs) arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Neither Landlord nor its agents shall not be liable for interference with light any losses or other similar intangible interests. damages sustained thereby on or in respect of the Premises or any persons or property thereon, and the Tenant shall immediately notify be responsible for its own security and alarm systems, subject to the Landlord's consent, but the giving or withholding of consent shall not impose any liability whatever on the Landlord, and shall indemnify the Landlord in case of fire for any such losses or accident in the Premises, the Building or the Project and of defects in any improvements or equipmentdamages.

Appears in 1 contract

Samples: Lease Agreement (Canadente Resource Corp)

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LANDLORD'S NON-LIABILITY. Subject Tenant agrees that Landlord shall not be liable or responsible in any way for any injury or death to any person or for any loss or damage to any property at any time on or about the express indemnity obligations Premises or any property owned by or being the responsibility of Section 10.3 (b) Tenant or any of this Leaseits servants, agents, customers, contractors or persons for whom Tenant is in law responsible elsewhere on or about the Project, no matter how the same shall be caused except where contributed to by the Landlord's own negligence. Without limiting the generality of the foregoing, Landlord shall not be liable to Tenantor responsible for any such injury, its employeesdeath, agents and invitees, and Tenant hereby waives all claims against Landlord for loss of or damage to any property, persons or any injury property caused or contributed to any person, or any other loss, cost, damage, injury or liability whatsoever resulting from by fire, explosion, falling plaster, steam, gaswater, electricityrain, water or rain which may leak or flow from or into any part of the Building or from the breakagesnow, dampness, leakage, obstruction electricity or other defects gas except where contributed to by the Landlord's own negligence. Without limiting or affecting the generality or interpretation of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Building, whether the damage or injury results from conditions arising in the Premises or in other portions of the Project. Notwithstanding any provision of this Lease to the contraryforegoing, and regardless of notwithstanding the negligence or willful misconduct of Landlord or its employeesforegoing, or authorized agents or a default by Landlord of its obligations under this Lease, it is agreed that Landlord shall in no event be liable for any indirect or consequential damages suffered by Tenant or any persons permitted by it to Tenantbe on the premises, whether or not caused by the negligence of the Landlord, its employeesservants, agents or invitees and Tenant hereby waives all claims against Landlord, for loss or interruption of Tenant's business or income (including, without limitation, any consequential damages and lost profit or opportunity costs), or for any loss, cost, damage, injury or liability resulting from Acts of God (except with respect to restoration obligations pursuant to Article XI below), acts of civil disobedience or insurrection, acts or omissions (criminal or otherwise) of any third parties, including, without limitation, any other tenants within the Project or their agents, employees, contractorscontractors or persons for whom Landlord is in law responsible. Indemnity of Landlord Tenant shall indemnify Landlord and all of its servants, guests or invitees. It agents, employees, contractors and persons for whom Landlord is understood that in law responsible against any such condition may require the temporary evacuation or closure and all liabilities, claims, damages, losses and expenses, including all reasonable legal fees and disbursements, arising from: (i) any breach by Tenant of all or a portion any of the Building. Except as provided in provisions of this Lease, there shall be no abatement of rent and no liability of Landlord by reason ; (ii) any act or omission of any person on the Premises or any use or occupancy of or any things in the Premises; (iii) any act or omission of Tenant or any of its servants, agents, employees, invitees, licensees, subtenants, concessionaires, contractors or persons for whom Tenant is in law responsible on the Premises or elsewhere on or about the Project; or (iv) any injury or death of persons, or any loss or damage to property of Tenant or interference with Tenant's business (includingany of its servants, without limitationagents, consequential damages employees, invitees, licensees, subtenants, contractors or persons for whom Tenant is in law responsible, on the Premises or elsewhere on or about the Project; provided that, such indemnity obligation shall not extend to any liabilities, claims, damages, losses and lost profit or opportunity costs) expenses arising from the making of any repairs, alterations or improvements to any portion negligence of the BuildingLandlord and/or its agents or employees. Landlord's Employees and Agents Every indemnity, including repairs exclusion or release of liability and waiver of subrogation contained in this Lease for the benefit of Landlord shall extend to and benefit all of Landlord's servants, agents, employees, and others for whom Landlord is in law responsible. Solely for such purpose, and to the Premisesextent that Landlord expressly chooses to enforce the benefits of this section for the foregoing persons, nor shall any related activity by it is agreed that Landlord constitute an actual is the agent or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Neither Landlord nor its agents shall be liable trustee for interference with light or other similar intangible interests. Tenant shall immediately notify Landlord in case of fire or accident in the Premises, the Building or the Project and of defects in any improvements or equipmentsuch persons.

Appears in 1 contract

Samples: Lease (Ace Hardware Corp)

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