LIABILITY OF LESSOR. It is expressly understood and agreed that notwithstanding anything to the contrary contained in this Lease, the liability of the Lessor (including any successor to the Lessor) and any recourse by the Lessee or any other person against Lessor arising out of or in connection with this Lease shall be limited solely and exclusively to the interest of the Lessor in the Home Site and the Community, and neither Lessor nor its officers, directors, employees, agents, contractors or other representatives shall have any personal liability, and the Lessee hereby expressly waive and release such personal liability on behalf of themselves and any person claiming by, through or under any Lessee.
LIABILITY OF LESSOR a) The Lessor shall not be responsible for carrying any kind of insurance on the Lessee's personal property kept or used on the Property, nor shall it be obligated to compensate Lessee for any loss of Lessee's equipment, personal property or crops except as may be provided in this Lease or the Bid Specifications, where applicable.
b) The Lessor is not responsible for providing health or disability insurance to the Lessee or any of Lessee's employees or other persons who work on the Property for Lessee.
LIABILITY OF LESSOR. 22.1 It is expressly agreed by the parties that in no case shall Lessor, any shareholders, officers, directors, managers, members, agents or employees of Lessor be liable under any express or implied covenant, agreement or provisions of this Lease, for any damages whatsoever to Lessee beyond Lessor's interest in the Demised Premises.
LIABILITY OF LESSOR. As between the Lessor and each Lessee, acceptance for lease of each Lease Vehicle pursuant to Sub-Clause 2.1(e) (Lease Vehicle Acceptance or Non-conforming Lease Vehicle Rejection) shall constitute such Lessee’s acknowledgment and agreement that such Lessee has fully inspected such Lease Vehicle, that such Lease Vehicle is in good order and condition and is of the manufacture, design, specifications and capacity selected by such Lessee, that such Lessee is satisfied that the same is suitable for this use. Each Lessee acknowledges that the Lessor is not a Manufacturer or agent thereof or primarily engaged in the sale or distribution of Lease Vehicles. The Lessor will not be liable to any Lessee and any Lessee will procure that the Lessor will not be liable to any ultimate rental customers of any Lessee or any other person in respect of any cost, loss or damage (consequential or otherwise) arising out of the condition, the use, the operation, the rental, the maintenance, repair, delay or failure in delivery of any Vehicle, or the interruption or suspension of possession, use or quiet enjoyment (ungestörter Besitz) in respect of any Vehicle, provided that the aforementioned limitations shall not apply in respect of liabilities for (i) damages caused intentionally or by gross negligence (xxxxx Fahrlässigkeit) or by a negligent (fahrlässig) breach of any material contractual obligation (vertragswesentliche Pflicht) by the Lessor or (ii) damages to persons (Personenschäden). Material contractual obligations (vertragswesentliche Pflichten) are any obligations whose fulfilment is necessary for the proper execution of the contract and whose observance contractual partners regularly rely upon.
LIABILITY OF LESSOR. Provided that any purchaser assumes all of Lessor’s obligations hereunder in writing, in the event of any sale, transfer or conveyance by Lessor of the Premises, the seller shall be and hereby is entirely freed and relieved, released and discharged of all liabilities and obligations of Lessor hereunder which accrue from or after the date of such sale. It shall be deemed and construed, without further agreement between the parties or between the parties and the purchaser of the Premises, that such purchaser has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder from and after such date. Lessor shall not be liable for or responsible to Lessee for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises, the Building or the Project, or failure to make any such repairs. Lessee will not hold Lessor liable for injury or damage to person or property caused by other tenants or persons in the Building or the Project or resulting from the operation of the elevator, heating, ventilating or air-conditioning systems, or lighting apparatus, or from falling plaster or other materials or fixtures, or from steam, gas, electricity, water, rain or dampness which may leak or flow from any part of the Building, or from the pipes, appliances, or plumbing work of the same, or from any other place. All goods or property or personal effects stored or placed by the Lessee in or about the Building shall be at the sole risk of the Lessee. Notwithstanding anything to the contrary contained in this Lease, in the event of a breach by Lxxxxx of any of the terms, covenants and conditions of this Lease to be performed by Lessor, or if Lessor otherwise shall be liable to Lessee with respect to any matter related to or arising out of this Lease, it is specifically understood and agreed that the monetary liability of any Lessor hereunder shall be limited to the equity of Lessor in the Building. In the furtherance of the foregoing, Lxxxxx hereby agrees that any judgment it may obtain against Lessor (and any officers, shareholders or employees of Lessor) as a result of a breach of any of the terms, covenants or conditions hereof shall be enforceable solely against Lessor’s fee interest in the Proje...
LIABILITY OF LESSOR. (a) Anything elsewhere to contrary notwithstanding, Lessee shall look solely to Lessor’s interest in the Demised Premises including any rent, insurance proceeds, sale proceeds and condemnation awards received therefrom for the satisfaction of Lessee’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms, conditions and covenants of this Lease to be observed and/or performed by Lessor, and no other property or assets of Lessor shall be subject to levy, execution or other enforcement procedure for the satisfaction of Lessee’s remedies. If Lessor or a successor in interest is an individual (which term as used herein includes aggregates of individuals, such as joint ventures, general or limited partnerships or associations) such individual shall be under no personal liability with respect to any of the provisions of this Lease, and if such individual hereto is in breach or default with respect to its obligations under this Lease, in no event shall Lessee attempt to secure any personal judgment against any partner, employee or agent of Lessor by reason of such default by Lessor.
(b) Lessee agrees that its sole remedies in cases where Lessor’s reasonableness in exercising its judgment or withholding it consent or approval is applicable pursuant to any provision of this Lease, shall be those in the nature of injunction, declaratory judgment, or specific performance, the rights to money damages or other remedies being hereby specifically waived.
(c) Lessee shall not be entitled to claim a constructive eviction from the Demised Premises unless Lessee shall have first notified Lessor of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed to remedy such conditions within a reasonable time after receipt of such notice.
(d) Lessor or its agents shall not be liable for any damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Lessee by theft or otherwise. Lessor or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, electrical disturbance, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the Roof, street or subsurface or from any ...
LIABILITY OF LESSOR. The provisions here in permitting Lessor to enter and inspect the premises are made to insure that Lessee is in compliance with the terms and conditions hereof and make repairs that Lessee has failed to make. Lessor shall not be liable to Lessee for any entry on the premises for inspection purposes, for failure to inspect the premises.
LIABILITY OF LESSOR. Lessee shall be in exclusive control and possession of the Premises, and Lessor shall not be liable for any injury or damages to any property or to any person on or about the Premises nor for any injury or damage to any property of Lessee, unless such injury or damage results from the gross negligence or willful misconduct of Lessor or Lessor’s employees, agents or contractors. The provisions herein permitting Lessor to enter and inspect the Premises are made to ensure that Lessee is in compliance with the terms and conditions hereof and makes repairs that Lessee has failed to make. Lessor shall not be liable to Lessee for any entry on the Premises for inspection purposes, unless such entry results in damage caused by Lessor or Lessor’s employees, agents or contractors.
LIABILITY OF LESSOR. Lessee shall be in exclusive control and possession of the demised Premises, and Lessor shall not be liable for any injury or damages to any property or to any person on or about the demised Premises nor for any injury or damage to any property of Xxxxxx. The provisions herein permitting Lessor to enter and inspect the demised Premises are made to ensure that Lessee is in compliance with the terms and conditions hereof and makes repairs that Xxxxxx has failed to make. Lessor shall not be liable to Lessee for any entry on the Premises for inspection purposes.
LIABILITY OF LESSOR. Lessee, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor that Lessor shall not be liable for any damage to persons or property arising from any cause whatsoever, which shall occur in any manner in or about the said premises, and Lessee hereby agrees to indemnify and save harmless Lessor from any and all claims and liability for damage to persons or property arising from any cause whatsoever, which shall occur in any manner in or about the said premises. Further, Lessee hereby agrees and covenants with Lessor that Lessor shall not be liable for any damage to the said demised premises, or to any part thereof, or to any property or effects therein or thereon, caused by leakage from the roof of said premises or by bursting, leakage, or overflowing of any waste pipes, water pipes, tanks, drains, or stationary washstands, or by reason of any damage whatsoever caused by water from any source whatsoever, and Lessee hereby agrees and covenants to indemnify and save harmless Lessor from any and all claims and liability for any damage to the said demised premises, or to any part thereof, or to any property or effects therein or thereon. ** Unless caused due to the negligence of the Lessor, its agents or employees.
