Common use of Liability for Damage Clause in Contracts

Liability for Damage. The Lessor shall not be liable to the Lessee for any damage whatsoever resulting from defects in any Buildings or structures on the Premises or any utility system located thereon except as provided in Section XV above. The Lessee hereby covenants and agrees that it will save the Lessor harmless and defend it against all claims arising from damage or injury caused by any defects whatsoever in the Premises, including structures located thereon, or resulting from Lessee's use of said Premises or the use by any of its members, employees, agents or invitees. The liability of the Lessee shall not extend to damage or injury related to structures constructed and maintained by the Lessor for its exclusive use nor to any injury or damage occurring on any portion of the premises while the same is under the exclusive control of the Lessor; except when such liability or damage shall result from failure of the Lessee to meet a duty to maintain or repair under the terms of this Lease. The Lessor agrees to save the Lessee harmless and shall defend it against all claims arising from damage or injuries occurring during activities sponsored by the Lessor on the premises unless said damage or injury results from a failure of the Lessee to meet its duty to maintain and repair the Premises as set forth in this Lease or as a result of the direct negligence or intentional acts of employees, agents of the Lessee or other person under its management and control. Either party hereto agrees to notify the other immediately upon receipt of any claim or damage or loss occasioned by any person and upon which liability upon either party might be predicated. Nothing contained in this Lease is intended to be a waiver or limitation of the Lessor or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including, without limitation, those contained within Wisconsin Statutes §§ 893.80, 895.52 and 345.05, as amended or renumbered from time to time. To the extent that indemnification is available and enforceable, Lessor and its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin law from time to time.

Liability for Damage. The Lessor shall not be liable to the Lessee for any damage whatsoever resulting from defects in any Buildings or structures on the Premises or any utility system located thereon except as provided in Section XV above. The Lessee hereby covenants and agrees that it will save the Lessor harmless and defend it against all claims arising from damage or injury caused by any defects whatsoever in the Premises, including structures located thereon, or resulting from LesseeXxxxxx's use of said Premises or the use by any of its members, employees, agents or invitees. The liability of the Lessee shall not extend to damage or injury related to structures constructed and maintained by the Lessor for its exclusive use nor to any injury or damage occurring on any portion of the premises while the same is under the exclusive control of the Lessor; except when such liability or damage shall result from failure of the Lessee to meet a duty to maintain or repair under the terms of this Lease. The Lessor agrees to save the Lessee harmless and shall defend it against all claims arising from damage or injuries occurring during activities sponsored by the Lessor on the premises unless said damage or injury results from a failure of the Lessee to meet its duty to maintain and repair the Premises as set forth in this Lease or as a result of the direct negligence or intentional acts of employees, agents of the Lessee or other person under its management and control. Either party hereto agrees to notify the other immediately upon receipt of any claim or damage or loss occasioned by any person and upon which liability upon either party might be predicated. Nothing contained in this Lease is intended to be a waiver or limitation of the Lessor or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including, without limitation, those contained within Wisconsin Statutes §§ 893.80, 895.52 and 345.05, as amended or renumbered from time to time. To the extent that indemnification is available and enforceable, Lessor and its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin law from time to time.