Common use of LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON Clause in Contracts

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. All personal property of Lessee, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from (a) any act, including theft, or any failure to act, of any other persons, (b) the leaking of the roof, (c) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (e) short-circuiting or malfunction of electrical wires or fixtures, including security and protective systems or (f) the failure of the heating or air conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's business arising from any of the above-described acts or causes. Lessor shall not be liable for any personal injury to Lessee, Lessee's employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees.

Appears in 1 contract

Samples: Office Lease (Costar Group Inc)

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LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. (A) All personal property of Lessee, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from from, (ai) any act, including theft, or any failure to act, of any other persons, (bii) the leaking of the roof, (ciii) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (div) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (ev) short-short circuiting or malfunction of electrical wires or fixtures, . including security and protective systems or (fvi) the failure of the heating or air air-conditioning systems. Lessee specifically agrees to save Lessor harmless in all such cases. Additionally Lessor shall also not be deemed liable for the interruption or loss loss- to Lessee's business due to the loss or damage of or to Lessee's fixtures, equipment and personal property or such property of the other covered parties caused by or arising from any of the above-described acts or causes. . (B) Lessor shall not be liable for any personal injury to Lessee, Lessee's employees, agents. subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees.

Appears in 1 contract

Samples: Office Lease (Hagler Bailly Inc)

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. All personal property of the Lessee, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers, trespassers in and on the said Demised Premises Premises, shall be and remain in at their sole risk, and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to any such person or party them for any damage to, or loss of such personal property thereof, including loss or damage arising from (a) any act, including theft, or any failure to act, act of negligence of any other persons, (b) persons nor from the leaking of the roof, (c) or from the bursting, rupture, leaking or overflowing of (water, sewer or steam pipes, (d) the rupture or leaking of from heating or plumbing fixtures, including security and protective systems, (e) short-circuiting or malfunction of from electrical wires or fixtures, including security and protective systems or (f) the failure of the heating from air-conditioning failure, or air conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's business arising from any of other cause whatsoever, nor (to the above-described acts or causes. extent permitted by applicable law) shall the Lessor shall not be liable for any personal or bodily injury to the Lessee, Lessee's employeesits employee, agents, business invitees, licensees, contractors, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or Building (except to the Building, unless such party establishes that there has been extent arising directly from the gross negligence or a willful act or failure to act on the part misconduct of Lessor), its agents the Lessee especially agreeing to defend, indemnify and save the Lessor harmless in all such cases from and against any loss, damage, or employees.liability (including attorney's fees) arising from the use, occupancy or condition of the Demised Premises, or, to the extent attributable to the acts or omissions of Lessee or Lessee's Agents, the Property (exclusive of the Demised Premises). Lessee further acknowledges and agrees that, notwithstanding any provision of this Lease to the contrary, in no event shall the Lessor be liable for any interruption or loss to Lessee's

Appears in 1 contract

Samples: Deed of Lease (Abovenet Communications Inc)

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. (a) All personal property of LesseeSubtenant, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Subleased Premises shall be and remain in and on the Demised Subleased Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor Sublandlord and Prime Landlord shall not be liable to any such person or party for any damage to, or loss of personal property thereof, including including, but not limited to, loss or damage arising from from, (ai) any act, including theft, or any failure to act, of any other persons, (bii) the leaking of the roof, (ciii) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (div) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (ev) short-circuiting or malfunction of electrical wires or fixtures, including security and protective systems systems, or (fvi) the failure of the heating or air air-conditioning systems. Lessor Sublandlord and Prime Landlord shall also not be liable for the interruption or loss to Lessee's Subtenant’s business arising from any of the above-described acts or causes. Lessor Subtenant specifically agrees to save Sublandlord and Prime Landlord harmless in all such cases. (b) Sublandlord and Prime Landlord shall not be liable for any personal injury to LesseeSubtenant, Lessee's Subtenant’s employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Subleased Premises or the Building, unless such party establishes that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees.

Appears in 1 contract

Samples: Sublease Agreement

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. All personal property of LesseeTenant, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor Landlord shall not be liable to any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from from, (a) any act, including theft, or any failure to act, of any other persons, (b) the leaking of the roof, (c) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (e) short-circuiting or malfunction of electrical wires or fixtures, including security and protective systems or (f) the failure of the heating or air conditioning systems. Lessor Landlord shall also not be liable for the interruption or loss to LesseeTenant's business arising from any of the above-described acts or causes. Lessor Tenant specifically agrees to save Landlord harmless in all such cases. Landlord shall not be liable for any personal injury to LesseeTenant, LesseeTenant's employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been negligence or a willful act or failure to act on the part of LessorLandlord, its agents or employees.

Appears in 1 contract

Samples: Office Lease (Healthcare Acquisition Corp)

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. (A) All personal property of Lessee, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of Lessee and said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to Lessee or any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from (abut not limited to): i) any act, including theft, or any failure to act, of any other persons, (b; ii) the leaking of the roof, (c; iii) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d; iv) the rupture or leaking of heating heating, air conditioning, or plumbing fixtures, including security and protective systems, (e; v) short-short circuiting or malfunction of electrical wires or fixtures, including security and protective systems systems; or (fvi) the failure of the heating or air air-conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's ’s business arising from any of the above-described acts or causes. Lessee specifically agrees to save Lessor and its Agent harmless in all such cases. (B) Lessor shall not be liable for any personal injury to Lessee, Lessee's ’s employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been gross negligence or a willful act or failure to act misconduct on the part of Lessor, its agents or employeesprovided however that the Lessor shall nevertheless continue to be insured hereunder.

Appears in 1 contract

Samples: Lease Agreement (Inphonic Inc)

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LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. All personal property of Lessee, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from from, (a) any act, including theft, or any failure to act, of any other persons, (b) the leaking of the roof, (c) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (e) short-circuiting or malfunction of electrical wires or fixtures, including security and protective systems or (f) the failure of the heating or air conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's business arising from any of the above-described acts or causescauses (but nothing herein shall limit Lessee's rights under Section 18(D) and (E) hereof). Lessee specifically agrees to save Lessor harmless in all such cases. Lessor shall not be liable for any personal injury to Lessee, Lessee's employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees.

Appears in 1 contract

Samples: Office Lease (Charles River Associates Inc)

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. (A) All personal property of Lessee, its employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers, in and on the Demised Premises shall be and remain in and on the Demised Premises and the Building at the sole risk of Lessee and said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to Lessee or any such person or party for any damage to, or loss of personal property thereof, including loss or damage arising from (abut not limited to): i) any act, including theft, or any failure to act, of any other persons, (b; ii) the leaking of the roof, (c; iii) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d; iv) the rupture or leaking of heating or plumbing fixtures, including security and protective systems, (e; v) short-circuiting or malfunction of electrical wires or fixtures, including security and protective systems systems; or (fvi) the failure of the heating or air air-conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's business arising from any of the above-described acts or causes. Lessee specifically agrees to save Lessor and its Agent harmless in all such cases. (B) Lessor shall not be liable for any personal injury to Lessee, Lessee's employees, agents, subtenants, business invitees, licensees, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or the Building, unless such party establishes that there has been gross negligence or a willful act or failure to act misconduct on the part of Lessor, its agents or employeesprovided however that the Lessor shall nevertheless continue to be insured hereunder.

Appears in 1 contract

Samples: Lease Agreement (Inphonic Inc)

LIABILITY FOR DAMAGE TO PERSONAL PROPERTY AND PERSON. Lessee shall protect its property and insure the same to its own satisfaction. All personal property of the Lessee, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers, trespassers in and on the said Demised Premises Premises, shall be and remain in at their sole risk, and on the Demised Premises and the Building at the sole risk of said parties and unless such parties establish that there has been negligence or a willful act or failure to act on the part of Lessor, its agents or employees causing a hereinafter described act or event, Lessor shall not be liable to any such person or party them for any damage to, or loss of such personal property thereof, including loss or damage arising from (a) any act, including theft, or any failure to act, act of negligence of any other persons, (b) persons nor from the leaking of the roof, (c) or from the bursting, rupture, leaking or overflowing of water, sewer or steam pipes, (d) the rupture or leaking of from heating or plumbing fixtures, including security and protective systems, (e) short-circuiting or malfunction of from electrical wires or fixtures, including security and protective systems or (f) the failure of the heating from air-conditioning failure, or air conditioning systems. Lessor shall also not be liable for the interruption or loss to Lessee's business arising from any of other cause whatsoever, nor (to the above-described acts or causes. extent permitted by applicable law) shall the Lessor shall not be liable for any personal or bodily injury to the Lessee, Lessee's employeesits employee, agents, business invitees, licensees, contractors, customers, clients, family members, guests or trespassers arising from the use, occupancy and condition of the Demised Premises or Building (except to the Buildingextent arising directly from the gross negligence or willful misconduct of Lessor), unless the Lessee especially agreeing to defend, indemnify and save the Lessor harmless in all such party establishes that there cases from and against any loss, damage, or liability (including attorney's fees) arising from the use, occupancy or condition of the Demised Premises, or, to the extent attributable to the acts or omissions of Lessee or Lessee's Agents, the Property (exclusive of the Demised Premises). Lessee further acknowledges and agrees that, notwithstanding any provision of this Lease to the contrary, in no event shall the Lessor be liable for any interruption or loss to Lessee's business arising from any act or cause whatsoever (whether or not Lessor has been negligence or a willful act or failure to act on the part of Lessor, its agents or employeesnegligent in any regard).

Appears in 1 contract

Samples: Deed of Lease (Abovenet Communications Inc)

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