Common use of Liability of Landlord and Tenant Clause in Contracts

Liability of Landlord and Tenant. 10.4.1. The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any of the following: the repair or maintenance of any portion of the Premises; interruption in the use of the Premises or 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, or of any other third 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 any injury to the extent 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.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Office Sublease (Aspirity Holdings LLC)

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Liability of Landlord and Tenant. 10.4.1. The 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 of cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the PremisesPremises (including the Tenant Improvements) or the Property; interruption in the use of the Premises or any Common Areadue to Force Majeure; 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 third partyperson 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 any injury 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 ’s business or for any indirect damages or consequential losses.

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. 10.4.1Section 1. 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 of cause whatsoever, including, without limitation, the following: the repair or maintenance of to any portion of the PremisesPremises (including, but not limited to, the Leasehold Improvements) or the Building; interruption in the use of the Premises or any Common Areaequipment 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 the 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, Building or of any other third partyperson 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 any injury and to the extent of any injury 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 ’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Passport Brands, Inc)

Liability of Landlord and Tenant. 10.4.1. The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any of the following: the repair or maintenance of any portion of the Premises; interruption in Premises (including the use of the Premises or any Common AreaTenant Improvements); 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 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, Building or of any other third partyperson or entity 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 any injury to the extent 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 ’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Datalink Corp)

Liability of Landlord and Tenant. 10.4.1. 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 of cause whatsoever, including without limitation, the following: the repair or maintenance of to any portion of the Premises, the Building or Building FF&E; interruption in the use of the Premises or any Common Areaequipment 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 the elevators 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, Building or of any other third partyperson or entity; and failure or inability to furnish any service specified in this Lease; 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 any injury and to the extent of any injury 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 ’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Clarient, Inc)

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Liability of Landlord and Tenant. 10.4.1. The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any of cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the PremisesPremises (including the Tenant Improvements) or the Property; interruption in the use of the Premises or any Common Area(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 failure or inability to furnish any other tenant of the Building, or of any other third partyservice 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 any injury and to the extent of any injury 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 ’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.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Liability of Landlord and Tenant. 10.4.1. 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 of cause whatsoever, including without limitation, the following: the repair or maintenance of to any portion of the Premises, the Building or Building FF&E; interruption in the use of the Premises or any Common Areaequipment 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 the elevators elevators, server rooms, 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); 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 this the Lease by reason of damage 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, Building or of any other third partyperson or entity; and failure or inability to furnish any service specified in this Lease; 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 any injury and to the extent of any injury 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 ’s business or for any indirect or consequential damages or consequential losses.

Appears in 1 contract

Samples: Hudsonalpha Lease Agreement (Celsion CORP)

Liability of Landlord and Tenant. 10.4.1. 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 of cause whatsoever, including without limitation, the following: the repair or maintenance of to any portion of the Premises, the Building or Building FF&E; interruption in the use of the Premises or any Common Areaequipment 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 the elevators 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, Building or of any other third partyperson or entity; and failure or inability to furnish any service specified in this Lease; 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 any injury and to the extent of any injury 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 ’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Eurand N.V.)

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