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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property. 10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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. 10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the 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 of the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the PropertyPremises; interruption in the use of the Premises due to Force Majeureor any Common Area; any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the elevators or 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 Building, or of any other person or entity; inability to furnish any service specified in this Leasethird party; 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 any injury 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 's business or for any indirect damages or consequential losses.
10.4.2. In addition to Tenant’s 's other indemnification obligations in this Lease (but subject to Landlord’s 's insurance obligations in Section 10.2, to Section 10.3 10.2 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 '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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Subject to Tenant's insurance obligations in Section 10.1 above, Landlord hereby indemnifies to the fullest extent allowable under the Laws shall release, indemnify, protect, defend (with counsel reasonably acceptable to Tenant) and agrees to save hold harmless the Tenant Parties harmless from and against any and all claims to the extent Claims arising out offrom: (a) any breach or default by Landlord in the performance of any of Landlord's covenants or agreements in this Lease; (b) the negligence or willful misconduct of Landlord in connection with Landlord; or (c) the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach , except to the extent resulting from the negligence or default by Landlord in the performance willful misconduct of Landlord’s covenants or agreements in this LeaseTenant. 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 's business or for any indirect damages or consequential losses.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property (including the rents, profits and proceeds from the Property) in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s 's use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s 's use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, Property and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s 's use of the Premises.
Appears in 2 contracts
Samples: Consent of Landlord to Sublease (Aspirity Holdings LLC), Lease Agreement (Aspirity Holdings LLC)
Liability of Landlord and Tenant. 10.4.1. Except Tenant agrees to look only as otherwise specifically provided to Landlord’s interest in this Lease, the Landlord Parties shall not have Land and Building (and any liability to Tenant insurance and sale proceeds related thereto and any rents and profits derived therefrom) for any Claims based on or arising out satisfaction of any cause whatsoeverclaim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord from time to time transfers its interest in the Land and Building (or part thereof which includes the Premises), including without limitation then from and after each such transfer Tenant shall look solely to the following: interests in the repair or maintenance Land and Building of any portion each of Landlord’s transferees for the performance of all of the Premises obligations of Landlord hereunder (including the Tenant Improvements) or the Property; interruption in the use under any related instrument). The obligations 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 binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any injury successor, individually, but only upon Landlord’s or damage caused by the negligence or willful misconduct of Landlordsuch successor’s interest described above. In no event, however, shall Landlord have any liability to Tenant on account of any claims Except 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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the gross negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control any of the BuildingLandlord Indemnitees (as such term is defined in Section 5.5.1), the Property and/or the Common Area; Landlord shall not be liable to Tenant and (b) Tenant hereby waives all claims against Landlord for any breach injury or default by Landlord in the performance of Landlord’s covenants damage to any person or agreements in this Leaseproperty whatsoever. In no event, however, event shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or ever be liable for any indirect damages or consequential losses.
10.4.4damages. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of It is expressly agreed by Landlord and Tenant, or Tenant’s use Tenant that business interruption costs and expenses are indirect and consequential damages under the terms of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, Lease and no other property owned by any partner assets of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or decree in favor of Tenant. The shareholders, partners, members, trustees, or other judicial process) beneficial owners of Tenant shall have no obligation or liability hereunder for the satisfaction of any other remedy obligations and liabilities of Tenant arising out of or in connection with under this Lease. Notwithstanding anything to the contrary in the Lease, the relationship of Tenant shall not be liable to Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and Tenant or Tenant’s use of the Premises8.1 and Article VII.
Appears in 2 contracts
Samples: Office Lease (IntraLinks Holdings, Inc.), Office Lease (IntraLinks Holdings, Inc.)
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the 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(except as provided in this Lease); any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the elevators or 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 failure 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 thereforetherefor. 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 Landlord’s willful misconduct of Landlordor gross negligence, nor shall the foregoing release Landlord from its maintenance obligations under this Lease. 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, provided that Rent shall axxxx to the extent that Tenant is not able to use the Premises.
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 10.2 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 any misconduct or willful misconduct negligent act or omission of Tenant; (c) any accident, injury, occurrence or damage in, about or to the Premises, Premises (except to the extent caused by the negligence Landlord, or willful misconduct of Landlordits agents or employees); and (d) to the extent caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent directly arising out of: (a) of the negligence or willful misconduct of Landlord in connection with (a) the possession, use, occupation, management, repair, maintenance or control of the BuildingProperty, and not resulting from the Property and/or the Common Area; and negligence or willful misconduct of Tenant or (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, Property and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Xata Corp /Mn/)
Liability of Landlord and Tenant. 10.4.1Except as provided for in the final paragraph of this paragraph #10, Landlord shall not be liable to Tenant in any manner whatsoever for failure to furnish or delay in furnishing any service provided for in this Lease and no such failure or delay shall constitute an actual or constructive eviction of Tenant nor shall any such failure or delay operate to relieve Tenant from the prompt and punctual performance of each and all the covenants to be performed herein by Tenant. Except only as otherwise specifically provided in the final paragraph of this Leaseparagraph #10, the Landlord Parties shall not have any liability be liable to Tenant for damage to person or property caused by defects in the cooling, heating, electric, water or other system or apparatus or by water discharged from sprinkler systems, if any, in the Building or from any Claims based water pipes nor for the theft, mysterious disappearance, or loss of any property of Tenant whether from the Premises or any part of the Building or property adjoining the Building. Landxxxx xxxees to make reasonable efforts to protect Tenaxx xxxm interference or disturbance by third persons including other tenants. Landlord shall not, however, be liable for any such interference or disturbance whether caused by another tenant or tenants of Landlord or other person, nor shall Tenant be relieved from any obligation herein because of such interference, disturbance or breach. Tenant and Landlord shall indemnify each other against any liability or expense of any nature due to the breach of any covenant in this Lease required to be performed by the Indemnitor. Tenant shall indemnify the Landlord against any liability or expense of any nature due to Tenants use or occupancy of the premises. Landlord shall not be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person who may at any time be using or occupying or visiting the Premises, the Building or the Project or be in, on or arising about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any cause whatsoeveract, including without limitation the following: the repair omission or maintenance negligence of Tenant or of any occupancy, tenant, visitor or user of any portion of the Premises (including Premises, the Tenant Improvements) Building 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 LandlordProject, Tenant or any other person or entity of the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease except those arising 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 act of Landlord, its agents or employees. In no event, however, Tenant 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, forever indemnify, protectdefend, defend (with counsel reasonably acceptable to Landlord) hold and hold save Landlord free and 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 accidentof, 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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence claims, liabilities, actions, expenses, losses or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. In no event, however, shall Landlord have any liability to Tenant damages whatsoever on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Leaseany such loss, injury, death or damage, except those arising by reason of the relationship negligence or willful act of Landlord, its agents or employees. Tenant hereby waives all claims against Landlord and Tenantfor damages to the furniture, furnishings or Tenant’s use other property of Tenant in, upon or about the Premises, and Tenant agrees that the liability of Landlord arising out of for injuries to persons or property in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of about the Premises, shall be limited the Building or the Project, from any cause arising at any time, except those arising by reason of the negligence or willful act of Landlord, its agents or employees. Notwithstanding any provision of the Lease to such estate and property the contrary, if Landlord fails to provide Tenant with any of the services required of Landlord in and herein, then Tenant shall provide Landlord with written notice of such failure, and, provided such failure is a result of a cause within the reasonable control of Landlord, if Landlord has not diligently commenced to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.cure such failure
Appears in 1 contract
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this LeaseTenant shall defend, 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) indemnify and hold harmless the Landlord Parties from Landlord, its employees 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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless agents from and against any and all claims to the extent 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 out of: from (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (bi) any breach or default by Landlord in the performance of Landlordany obligation of Tenant’s covenants or agreements in part to he performed under the terms of this Lease. In no event, however, shall Landlord have and (ii) any liability to negligence or willful act of Tenant on account or any of any claims for the interruption of or loss to Tenant’s business agents contractors, employees or for invitees. Without limiting the generality of the foregoing, Tenant’s obligations shall include any indirect damages case in which Landlord shall be made a party to any litigation commenced by or consequential losses.
10.4.4. Notwithstanding any provision to the contrary contained hereinagainst Tenant, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Tenant shall look solely to the estate defend, indemnify and property of hold harmless Landlord, and shall pay all costs, expenses and reasonable attorney’s fees incurred or paid by Landlord in and to the Property in the event of any claim against Landlord arising out of or 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, the relationship and (ii) any negligence or willful act of Landlord and Tenantor any of Landlord’s agents, contractors, employees or Tenant’s use invitees without limiting the generality of the Premisesforegoing, 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 agrees that the liability of Landlord arising out of and shall pay all costs, expenses and reasonable attorneys fees incurred or paid by Tenant in connection with this Leasesuch litigation, the relationship of after notice to Landlord and Tenant, or TenantLandlord’s use of the Premises, shall be limited refusal to defend such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described abovelitigation, and no property owned upon notice from Tenant shall defend the same at Landlord’s expense by any partner of Landlord shall be subject counsel reasonably satisfactory to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 1 contract
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease(a) Unless resulting from a cause within Landlord’s exclusive control, the Landlord Parties shall not have any liability be liable to Tenant for failure to furnish or delay in furnishing any Claims based on service to be provided by Landlord under this Lease. In no event shall any failure to furnish or arising out delay in furnishing any such service constitute an actual or constructive eviction of Tenant, nor shall any failure or delay operate to relieve Tenant from the prompt and punctual performance of each and all of the covenants to be performed herein by Tenant. Landlord shall not be liable to Tenant for damage to person or property caused by defects in or Tenant’s failure to properly maintain the cooling, heating, electric, water or other system or apparatus to the extent Tenant is required under this Lease to maintain such systems nor for the theft, mysterious disappearance, or loss of any cause whatsoeverproperty of Tenant, whether from the Premises or any part of the Building or property adjoining the Building. Landlord shall not be liable for any interference or disturbance by third persons, including without limitation other tenants, whether caused by another tenant or tenants of Landlord or other person. In no event shall Tenant be relieved from any obligation herein because of such interference, disturbance or breach. Landlord shall not be liable for losses to Tenant’s property or personal property or injury caused by criminal acts or entry by unauthorized persons into the following: Premises or Building.
(b) Notwithstanding anything to the repair contrary in this Lease contained, if due to Landlord's failure to make any repairs, alterations, or maintenance of improvements required to be made by Landlord hereunder, or to provide any service expressly required to be provided by Landlord hereunder, any portion of the Premises (including becomes untenantable so that for the Tenant Improvements) or Premises Untenantability Cure Period, as hereinafter defined, the Property; interruption continued operation in the ordinary course of Tenant's business is materially adversely affected, then, provided that Tenant ceases to use the affected portion 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 during the entirety of the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease Premises Untenantability Cure Period by reason of such untenantability, and that such untenantability and Landlord’s inability to cure such condition is not caused by the fault or neglect of Tenant or Tenant’s agents, employees or contractors, Base Rent and Expense Charges shall thereafter be abated in proportion to the impact on the continued operation in the ordinary course of Tenant’s business until the day such condition is corrected. For the purposes hereof, the “Premises Untenantability Cure Period” shall be defined as five (5) consecutive business days after Landlord’s receipt of written notice from Tenant of the condition causing untenantability in the Premises, provided however, that the Premises Untenantability Cure Period shall be ten (10) consecutive business days after Xxxxxxxx’s receipt of written notice from Tenant of such condition causing untenantability in the Premises if either the condition was caused by causes beyond Landlord’s control or Landlord is unable to cure such condition as the result of causes beyond Xxxxxxxx’s control.
(c) Tenant agrees that neither Landlord nor its partners, members, employees, agents or representatives shall be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person who may at any time be using, occupying or visiting the Premises or the Building; fire, robberywhether such loss, theftinjury, vandalism, death or damage shall be caused by or in any other casualty; actions way result from or arise out of any other tenant act, omission or negligence of the Building Tenant or of any other person occupant, tenant, visitor or entity; inability to furnish user of 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 portion of the Premises or the Building, or from drains, pipes or plumbing fixtures in except those arising by reason of 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 gross negligence or willful misconduct of Landlord, its partners, members, employees, agents or representatives. In no eventTenant shall and hereby agrees to indemnify, howeverdefend, shall hold and save Landlord have its partners, members, employees, agents or representatives free and harmless of, from and against any liability to Tenant and all claims, liabilities, actions, expenses (including, without limitation, court costs and attorneys’ fees), losses or damages ever suffered or incurred by Landlord or such other indemnified parties on account of or in connection with any claims for the interruption such loss, injury, death or damage arising out of or loss to Tenant’s business or for a breach of any indirect damages or consequential losses.
10.4.2. In addition to Tenant’s other indemnification obligations covenant in this Lease (but subject required 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 be performed by Xxxxxx or arising from: (a) any breach or default by Tenant in the performance of any out of Tenant’s covenants or agreements in this Lease; (b) the negligence or willful misconduct use and occupancy of Tenant; (c) any accident, injury, occurrence or damage in, about or to the Premises, the Building, the Land and common areas, except to those arising by reason of the extent caused by the gross negligence or willful misconduct of Landlord; and (d, its partners, members, employees, agents or representatives. The indemnification obligations of Tenant set forth in this Section 12(c) to shall survive the extent caused in whole expiration or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control earlier termination of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 1 contract
Liability of Landlord and Tenant. 10.4.1. 15.1 Except only as otherwise specifically expressly provided in this Lease, the Landlord Parties and Landlord’s Representatives shall not have any liability be liable to Tenant District or District’s Agents for any Claims damage, injury, loss or claim 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, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; : or failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building , unless such liability arises 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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord or Landlord’s Representatives.
15.2 The District and District’s Agents shall not be liable to Landlord or Landlord’s Representatives, for any damage, injury, loss or claim based on or arising out of any cause whatsoever to the extent such damage, injury, loss or claim is (i) covered by Xxxxxxxx’s insurance or would be covered by Xxxxxxxx’s insurance to the extent required under this Lease or (ii) is due to Landlord’s negligence or willful misconduct. Under no circumstance shall District or Landlord (or their respective Agents or representatives) be liable to the other for any exemplary, punitive, consequential or indirect damages in connection with the possessionwith, use, occupation, management, repair, maintenance arising under or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in relating to this Lease. In no event, provided, however, that this limitation shall Landlord have not apply with regard to any liability claim arising under the False Claims Provisions.
15.3 Subject to Tenant on account of any claims for the interruption of or loss to Tenant’s business or False Claims Provisions, no landlord hereunder shall be liable for any indirect damages obligation or consequential losses.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord liability based on or arising out of any event or condition occurring either prior to or after the period that such landlord held an ownership interest in connection with this Leasethe Building. Notwithstanding the foregoing, the relationship any landlord during its period of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, ownership interest shall be limited obligated to such estate and property cure any continuing Event of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the PremisesDefault.
Appears in 1 contract
Samples: In Lease Agreement
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, Landlord and Tenant hereby mutually waive any and all right of recovery against one another based upon the negligence of either Landlord Parties shall not have any liability to or Tenant or their agents or employees for any Claims based on real 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 personal property loss 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 occurring to the Premises or the Building; fire, robbery, theft, vandalism, Building or any other casualty; actions of part thereof or any other tenant of the Building or of any other person or entity; inability personal property located therein from perils insured against in standard fire and extended coverage, vandalism and malicious mischief and sprinkler leakage insurance contracts (commonly referred 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 as "all risk") issued in the Premises State of Missouri (whether 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 such 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 belowis carried), 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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees Tenant shall request that their respective insurance carriers consent to a waiver of all rights of subrogation against each other by inclusion of such a clause in their respective policies or by endorsements thereto. Tenant shall defend and indemnify Landlord and save the Tenant Parties it harmless from and against any and all claims to the extent by or on behalf of any person or persons, firm or firms or corporation or corporations, arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control from Tenant's use of the Building, Premises or the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance conduct of Landlord’s covenants or agreements in this Lease. 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 its business or for from any indirect damages activity, work or consequential losses.
10.4.4. Notwithstanding any provision to the contrary contained hereinthing done, permitted or suffered by Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of about the Premises, and will further indemnify and save Landlord harmless against the performance of any covenant or agreement on Tenant's part to be performed pursuant to the terms of this Lease or arising from any act or negligence of Tenant agrees or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord; provided that the foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or defense resulting from injuries to third parties caused solely by the negligence of Landlord arising or any officer, contractor, licensee, agent, servant, employee, guest, invitee or visitor of Landlord. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or non-performance by Landlord shall be collectible only out of or Landlord's interest in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described aboveBuilding, and no property owned personal liability is assumed by or at any partner of time may be asserted against Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premisesits agents.
Appears in 1 contract
Samples: Office Building Lease (Hanover Capital Holdings Inc)
Liability of Landlord and Tenant. 10.4.1Section 1. Except only as otherwise specifically provided in this Lease, the Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees, or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including including, without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including including, but not limited to, the Tenant Leasehold Improvements) or the PropertyBuilding; interruption in the use of the Premises due to Force Majeureor any equipment therein; any an accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of the elevators or heating, cooling, electrical, sewerage, or plumbing systems serving the Propertyequipment or apparatus; termination of this Lease by reason of damage 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 other person or entity; , failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice ice, or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property Building shall be at the sole risk of Tenant, and Landlord shall not in in- any manner be responsible thereforetherefor. 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 Landlord’s willful misconduct of Landlordor gross negligence. 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.
10.4.2Section 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, Tenant shall reimburse Landlord 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) defend, and hold Landlord, its employees and agents harmless the Landlord Parties from and against all Claims costs, damages, claims, liabilities expenses (including attorneys’ fees, disbursements, and actual costs), losses. and court costs suffered by or claimed against Landlord, directly or indirectly, based on or 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 accidentout of, 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 caused in whole or in part by pan, (i) the use and occupancy of the Premises or the business conducted therein, (ii) any act or omission of Tenant, any accidentits agents, injurycontractors, occurrence employees, subtenants, or damage in, about invitees; or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (biii) any breach or default by Landlord in the performance of LandlordTenant’s covenants or agreements in obligations under this Lease. 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.
10.4.4Section 3. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property Land and the Building in the event of any claim against Landlord arising out on of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No Land and the Building, no properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, Land and the Building and no property owned by any partner affiliate of Landlord shall be subject to levy, execution execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this the Lease, the relationship of Landlord and Tenant Tenant, or Tenant’s use of the Premises.
Appears in 1 contract
Liability of Landlord and Tenant. 10.4.1Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Building or the proceeds thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that neither Landlord, nor any successor holder of Landlord’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time holding Landlord’s interest is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. Except only This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the personal liability of Landlord, or of any successor holder of Landlord’s interest hereunder, or of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of Landlord’s managing agent, to respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Building, as otherwise specifically aforesaid, but in no event shall Tenant have the right to terminate or cancel this Lease or to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except: (i) as expressly 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 and (including the Tenant Improvementsii) or the Property; interruption in the use case of a wrongful eviction of Tenant from the Premises due demised premises (constructive or actual) by Landlord continuing after notice to Force Majeure; Landlord thereof and a reasonable opportunity for Landlord to cure the same. Landlord shall neither assert nor seek to enforce 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 claim for breach of this Lease by reason of damage to the Premises against any officer, director, stockholder 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 employee 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, event shall either Landlord have any liability or Tenant ever be liable to Tenant on account of any claims for the interruption of or loss to Tenant’s business or other for any indirect or consequential damages or consequential lossesloss of profits or the like.
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 caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Brightcove Inc)
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the A. Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including Premises, the Tenant Improvements) Building or the PropertyBuilding FF&E; interruption in the use of the Premises due to Force Majeureor any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of elevators, or the heating, cooling, electrical, sewerage, or plumbing systems serving equipment or apparatus, or the Propertylaboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental cxxxxxxx); 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 this the Lease by reason of damage 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 other person or entity; failure or inability to furnish any service specified in this Lease; and any 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 pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property 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 or damage caused by the negligence Landlord’s wanton or willful misconduct of Landlordmisconduct. 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 aboveB. Tenant shall reimburse Landlord for, 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, indemnifyindemnity, protect, defend (with counsel reasonably acceptable to Landlord) and hold Landlord, its employees, and agents harmless the Landlord Parties from and against all Claims costs, damages, claims, liabilities, expenses (including attorneys’ fees, disbursements and actual costs), losses, and court costs suffered by or claimed against Landlord, directly or indirectly, based on or arising from: out of, in whole or in part, (ai) the use and occupancy of the Premises or the business conducted therein, and/or the use of the Building FF&E; (ii) any act or omission of Tenant, its agents, contractors, employees, subtenants, or invitees; or (iii) any breach or default by Tenant in the performance of any of Tenant’s covenants or agreements in obligations under this Lease; (b) , and not resulting from 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 gross negligence or willful misconduct of Landlord; and (d) to the extent caused in whole , its employees or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Propertyagents.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. C. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property Building in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this the Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the PropertyBuilding. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord Building shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant Tenant, or Tenant’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Eurand N.V.)
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the A. Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including Premises, the Tenant Improvements) Building or the PropertyBuilding FF&E; interruption in the use of the Premises due to Force Majeureor any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of elevators, or the heating, cooling, electrical, sewerage, or plumbing systems serving equipment or apparatus, or the Propertylaboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental xxxxxxxx); 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 this the Lease by reason of damage 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 other person or entity; failure or inability to furnish any service specified in this Lease; and any 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 pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property 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 or damage caused by the negligence Landlord’s wanton or willful misconduct of Landlordmisconduct. 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 aboveB. Tenant shall reimburse Landlord for, 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, indemnifyindemnity, protect, defend (with counsel reasonably acceptable to Landlord) and hold Landlord, its employees, and agents harmless the Landlord Parties from and against all Claims costs, damages, claims, liabilities, expenses (including attorneys’ fees, disbursements and actual costs), losses, and court costs suffered by or claimed against Landlord, directly or indirectly, based on or arising from: out of, in whole or in part, (ai) the use and occupancy of the Premises or the business conducted therein, and/or the use of the Building FF&E; (ii) any act or omission of Tenant, its agents, contractors, employees, subtenants, or invitees; or (iii) any breach or default by Tenant in the performance of any of Tenant’s covenants or agreements in obligations under this Lease; (b) , and not resulting from 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 gross negligence or willful misconduct of Landlord; and (d) to the extent caused in whole , its employees or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Propertyagents.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out of: (a) the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; and (b) any breach or default by Landlord in the performance of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. C. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property Building in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this the Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the PropertyBuilding. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, and no property owned by any partner of Landlord Building shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant Tenant, or Tenant’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Clarient, Inc)
Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the 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 of the elevators 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 BuildingBuilding (to the extent such termination is permitted under this Lease); fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building or of any other person or entityentity other than the Landlord Parties; subject to Section 6.3, failure or 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 any liability to Tenant for and any injury to the extent of any injury or damage caused by the negligence or willful misconduct of Landlord, nor release Landlord from Landlord’s express repair and maintenance obligations under this Lease. 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 10.2 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 or negligence of Tenant; (c) any accident, injury, occurrence or damage in, about or to the Premises, Premises (except to the extent caused by the negligence or willful misconduct of Landlord); and (d) to the extent caused in whole or in part by Tenant, any accident, injury, occurrence or damage in, about or to the Property.
10.4.3. Landlord hereby indemnifies and agrees to save the Tenant Parties harmless from and against any and all claims to the extent arising out ofClaims: (a) to the extent directly arising from any breach or default by Landlord in the performance of any of Landlord’s covenants or agreements in this Lease; and (b) to the extent directly arising out of the negligence or willful misconduct of Landlord in connection with the possession, use, occupation, management, repair, maintenance or control of the Building, the Property and/or the Common Area; , and (b) any breach not resulting from the negligence or default by Landlord in the performance willful misconduct of Landlord’s covenants or agreements in this Lease. 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.
10.4.4. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Property in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant’s use of the Premises, shall be limited to such estate and property of Landlord in and to the Property. No properties or assets of Landlord other than the estate and property of Landlord in and to the Property, as described above, Property and no property owned by any partner of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Datalink Corp)
