Liability of Landlord and Tenant Clause Samples
The "Liability of Landlord and Tenant" clause defines the responsibilities and legal obligations each party holds regarding damages, injuries, or losses occurring on the leased property. Typically, this clause outlines which party is responsible for maintaining the premises, handling repairs, and covering incidents such as property damage or personal injury, often distinguishing between issues arising from tenant negligence versus landlord oversight. Its core function is to allocate risk and clarify accountability, thereby reducing disputes and ensuring both parties understand their respective liabilities during the lease term.
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Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the Property; interruption in the use of the Premises due to Force Majeure; any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building or of any other person or entity; inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence or willful misconduct of Landlord. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.
10.4.2. In addition to Tenant’s other indemnification obligations in this Lease (but subject to Landlord’s insurance obligations in Section 10.2, to Section 10.3 above, and to Landlord’s obligations pursuant to Section 10.4.1 above and Section 10.4.3 below), Tenant to the fullest extent allowable under the Laws shall release, indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against all Claims arising from: (a) any breach or default by Tenant in the performance of any of Tenant’s covenants or agreements in this Lease; (b) the negligence or willful misconduct of Tenant; (c) any accident, injury, occurrence or damage in, about or to the Premises, except to the extent caused by the negligence or willful misconduct of Landlord; and (d) to the extent ca...
Liability of Landlord and Tenant. The Landlord shall not be liable for injury or damage to any person or property unless it is due to the Landlord's act or neglect. The Tenant is liable for any loss, injury or damage to any person or property caused by the act or neglect of the Tenant or the Tenant's employees. The Tenant shall defend the Landlord from and reimburse the Landlord for all liability and costs resulting from any injury or damage due to the act or neglect of the Tenant or the Tenant's employees.
Liability of Landlord and Tenant. The Landlord is not liable for loss, injury or damage to any person or property unless it is due to the Landlord's act or neglect. The Landlord shall not be responsible for any damages claimed by the Tenant due to acts of God, labor disputes, strikes, lock outs and/or inclement weather which limit or disrupt the Tenant's access to or from their Apartment or its use thereof. It is the tenant’s duty to maintain the apartment in good condition, keep it clean etc. The Tenant shall repay to the Landlord any money spent by the Landlord due to the Tenant's act or neglect or that of Tenant’s pets, family members, guests, visitors or contractors (if consented to by Landlord). Nothing in this Paragraph 13 shall be construed to waive Landlord’s warranty of habitability, or to limit Tenant’s remedies in the event of a breach of that warranty.
Liability of Landlord and Tenant. The Landlord shall not be liable for injury or damage to any person or property unless it is due to the Landlord's negligence. The Tenant is liable for any loss, injury or damage to any person or property caused by the act or omission of the Tenant or the Tenant's employees or agents. The Tenant shall defend the Landlord from and reimburse the Landlord for all liability and costs (including reasonable attorneys' fees) resulting from any injury or damage due to the act or omission of the Tenant or the Tenant's employees or agents.
Liability of Landlord and Tenant. Landlord shall be exempt from any and all liability for any damage or injury to any person or property caused by or resulting from any cause or happening whatsoever, unless the damage or injury is caused by or due to the intentional or negligent act or omission of the Landlord. Tenant shall also be responsible to reimburse to Landlord any cost incurred due to the negligent act or omission of Tenant, or other persons on the Rental property with Tenant’s permission. Tenant must give prompt written notice to Landlord of any condition or defect affecting the Rental property that Tenant could reasonably foresee resulting in liability or loss. This notice must be given within twenty-four hours after Tenant knows of the condition or defect affecting the Rental property.
Liability of Landlord and Tenant. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from its exercise of any rights, all claims against Landlord for any and all such liability being hereby expressly released by ▇▇▇▇▇▇. Landlord shall not be liable for damages to Tenant's property, business or person to Tenant by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant. The rent reserved herein shall not ▇▇▇▇▇ while ▇▇▇▇▇▇▇▇'s rights under this Section are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by ▇▇▇▇▇▇.
Liability of Landlord and Tenant. 14.1 Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss to Tenant's business, based on, arising out of or resulting from any cause whatsoever (except as hereinbelow set forth), including but not limited to the following: (i) repairs to any portion of the Premises or the Building; (ii) interruption in the use of the Premises; (iii) any accident or damage resulting from the use or operation (by Landlord, Tenant or any other person or persons) of elevators, or of the heating, cooling, electrical or plumbing equipment or apparatus; (iv) the termination of this Lease by reason of the destruction of the Premises or the Building; (v) any fire, robbery, theft, mysterious disappearance and/or any other casualty; (vi) the actions of other tenants in the Building, if any, or of any other person or persons; and (vii) any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Building; provided, however, that Landlord shall not be released pursuant to this Section 14.1 from any liability (i) resulting directly from Landlord's breach of, or default as to, any of its covenants, warranties or other obligations under this Lease, or (ii) subject to Section 12.4(a) above, property damage, personal injury or death caused directly by Landlord's or its agents' or employees' negligence or willful misconduct. In no event (notwithstanding anything in the immediately-preceding sentence to the contrary) shall Landlord have any liability to Tenant for any claims based on the interruption of or loss to Tenant's business.
14.2 Tenant hereby agrees to indemnify, defend on request, and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys' fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, and not to be covered by the property insurance required to be maintained by Landlord hereunder, based on, arising out of or resulting from (i) Tenant's use and occupancy of the Premises or the business conducted by Tenant therein, (ii) any accident, injury or damage whatsoever caused to any person, or to the property o...
Liability of Landlord and Tenant. Tenant shall defend, indemnify and hold harmless Landlord, its employees and agents from and against any and all third-party claims, actions, damages, liability and expense (including all reasonable attorney’s fees, expenses and liabilities incurred in defense of any such claim or any action or proceeding brought thereon) arising from (i) any breach or default in the performance of any obligation of Tenant’s part to he performed under the terms of this Lease, and (ii) any negligence or willful act of Tenant or any of Tenant’s agents contractors, employees or invitees. Without limiting the generality of the foregoing, Tenant’s obligations shall include any case in which Landlord shall be made a party to any litigation commenced by or against Tenant, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Tenant shall defend, indemnify and hold harmless Landlord, and shall pay all costs, expenses and reasonable attorney’s fees incurred or paid by Landlord in connection with such litigation, after notice to Tenant and Tenant’s refusal to defend such litigation, and upon notice from Landlord shall defend the same at Tenant’s expense by counsel satisfactory to Landlord. Landlord shall defend, indemnify and hold harmless Tenant and its respective employees and agents from and against any and all third-party claims, actions, damages, liability and expense (including all attorney’s fees, expenses and liabilities incurred in defense of any such claim or any action or proceeding brought thereon) arising from (i) any breach or default in the performance of any obligation of Landlord’s part to be performed under the terms of this Lease, and (ii) any negligence or willful act of Landlord or any of Landlord’s agents, contractors, employees or invitees without limiting the generality of the foregoing, Landlord’s obligations shall include any case in which Tenant shall be made a party to any litigation commenced by or against Landlord, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Landlord shall defend, indemnify and hold harmless Tenant and shall pay all costs, expenses and reasonable attorneys fees incurred or paid by Tenant in connection with such litigation, after notice to Landlord and Landlord’s refusal to defend such litigation, and upon notice from Tenant shall defend the same at Landlord’s expense by counsel reasonably satisfactory to Tenant.
Liability of Landlord and Tenant. Landlord shall be exempt from any and all liability for any damage or injury to any person or property caused by or resulting from any cause or happening whatsoever, unless the damage or injury is caused by or due to the intentional or negligent act or omission of the Landlord. Tenant assumes the full responsibility and the cost of defending, compromising, discharging, or otherwise satisfying any loss, liability, claim or action that occurs due to the negligent acts or omissions of Tenant or Tenant’s Family, visitors, or other persons on the premises with the consent of Tenant. Tenant shall also be responsible to reimburse to the Landlord any cost incurred due to the negligent act or omission of Tenant, ▇▇▇▇▇▇’s family, visitors, or other persons on the premises with ▇▇▇▇▇▇’s permission, Tenant must give prompt written notice to the Landlord of any condition or defect affecting the premises that Tenant could reasonably foresee resulting in liability or loss. This notice must be given within (24) hours after Tenant knows of the condition or defect affecting the premises.
Liability of Landlord and Tenant. The Landlord shall not be liable for injury or damage to any person or property unless it is due to the Landlord's willful misconduct or gross negligence. The Tenant shall defend the Landlord from and reimburse the Landlord for all liability and cost resulting from any injury or damage due to the act or neglect of the Tenant or the guests, including attorneys fees and expenses.