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. 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. 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 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, Xxxxxx’s family, visitors, or other persons on the premises with Xxxxxx’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. 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 Xxxxxx. 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 xxxxx while Xxxxxxxx’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 Xxxxxx.
Liability of Landlord and Tenant. A. Neither Landlord nor any of its agents or employees shall have any liability to Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation, the following: repair to any portion of the Premises, the Building or Building FF&E; interruption in the use of the Premises or any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation Landlord, Tenant, or any other person or entity of elevators, server rooms, or the heating, cooling, electrical, sewerage, or plumbing equipment or apparatus, or the laboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental xxxxxxxx); any damage or loss (including without limitation loss of data from computer viruses) resulting from on in connection with Tenant’s use of the IT Services; personal injury (including disease or illness), death or property damage resulting from the operation by Tenants or its employees, agents, contractors or invitees of the Premises or the business conducted therein; termination of the Lease by reason of da mage to the Premises or the Building; fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any person or entity; failure or inability to furnish any service specified in this Lease; any leakage in 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 Building 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 caused by Landlord’s wanton or willful misconduct. 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 or consequential damages or losses.
B. Tenant shall reimburse Landlord for, and shall indemnify, protect, defend and hold Landlord, its employees, and agents harmless from and against all costs, damages, claims, liabilities, expenses (including attorneys’ fees, disbursements and actual costs), losses, and court costs suffered by or claimed against Landlord, di...
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.
Liability of Landlord and Tenant. Landlord or Tenant shall, as the case may be, notwithstanding any insurance furnished pursuant hereto or otherwise, indemnify, protect, defend and hold the other party harmless from and against any and all liability, fines, suits, claims, obligations, damages, losses, penalties, demands, actions and judgments, and costs and reasonable expenses of any kind or nature (including reasonable attorneys' fees) (collectively, “Costs”), by anyone whomsoever, due to or arising out of: any work or thing done in, on or about the Rental Space or any parts thereof by such party or anyone claiming through or under such party or the respective employees, agents, licensees, guests, invitees, contractors, servants or subtenants of such party or any such person from and after the Commencement Date of the Term of this Lease; any use, possession, occupation, condition, operation, maintenance or management of the Rental Space or any part thereof by the such party or any person claiming through or under such party, including, without limitation, any air, land, water or other pollution caused by such party, from and after the commencement date of the Term hereof; any negligence or wrongful act or omission on the part of such party or any person claiming through or under such party or the respective employees, agents, licensees, invitees, guests, contractors, servants or subtenants of such party or any such person from and after the commencement date of the Term hereof; any failure on the part of such party to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on its part to be performed or complied with from and after the commencement date hereof; and any failure on the part of such party from and after the commencement date of the Term hereof to perform or comply during the term hereof with Legal Requirements on the part of such party to be complied with or performed by it as required by this Lease . In case any action or proceeding is brought against one party by reason of any of the foregoing, the other party, upon written notice from the party named in such action or proceeding, such other party shall, at its sole expense, resist or defend or cause to be resisted or defended such action or proceeding. The party resisting or defending such action or proceeding (or causing such action or proceeding to be resisted or defended) or its counsel shall keep the other party reasonably apprised at all times of t...
