Common use of Liability Waiver Clause in Contracts

Liability Waiver. 1. Zhongtulian and Changhe hereby undertake and agree unless any of the consequences (presented hereinafter) to which Changhe is attributable on purpose, Changhe is waivered from any form of legal liability and is not obligated to have Zhongtulian thereby compensated or reduce the Rent due from Zhongtulian: (1) Damages or losses that result from theft, robbery or criminal case of any description; (2) Electro mechanic system & plant fault, water supply/drainage breakdown, power leakage/disruption, equipment fault after repair, due to force majeure, exception (Smoke, flood, fire) to which Changheis not ascribed; (3) Zhongtulian loss caused due to third party (unless such loss is ascribed to Zhongtulian and/or Changhe after investigation); (4) Disruption/inconvenience caused due to change in public corridor/passage or restrictions caused from works other than the Premise coverage (repair, reconstruction, decoration work); (5) Other losses or damages subsisting in Zhongtulian that arise from circumstances other than event of default on the part of Changhe. 2. Zhongtulian shall always be informed immediately after suspension/disruption of water supply, power distribution, or other forms of energy, caused due to local accident, regular repair/maintenance actions processed by water supply/power feed service provider or caused due to exceptions other than Changhe. In either case, Changhe is waivered from liability for suspension /disruption above. If Changhe is ascribed to the suspension /disruption which disables the Premise to work in good conditions for Zhongtulian’s application, Changhe shall use efforts to recover without delay. In the recovery period, Zhongtulian shall settle the Rent and PMF as usual without deduction. Unless expressly defined otherwise herein, Changhe doesn't accept the liability to have Zhongtulian compensated or indemnified for the Premise and its attachments of facilities/equipment and power supply under repair/ upkeep.