Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable for any bodily injury or death or loss or damage to any property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence of the Landlord, but in no event shall the Landlord be liable: (a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant; (b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building; (c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant; (d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility; (e) for any business interruption or loss; or (f) for indirect or consequential damages.
Appears in 2 contracts
Samples: Lease Agreement (Infowave Software Inc), Lease Agreement (Infowave Software Inc)
Limitation of Landlord’s Liability. (a) The Tenant agrees that shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall not be liable exempt from all liability, except for any bodily injury or death or loss or damage to any property belonging injuries to the Tenant Tenant's person or its employees, invitees, or licensees or any other person in, on or about property which are due to the Building unless resulting from the willful misconduct or gross negligence of the Landlord, but its agents, servants or employees in no event shall the Landlord be liable:
management of the Premises or the real property of which the Premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (ai) for any damage other than Insured Damage which is caused by steaminterruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, rain sewer or snow steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may leak intoenter, issue or flow from or into the Premises or any part of the Building building, or from the pipes any noise or plumbing works (including sprinklersvibration audible in, if any) thereof or from any other place or quarter or for any damage caused by or attributable transmitted to the condition Premises; (iv) any vermin; (v) any falling paint, plaster or arrangement cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, whether or not the Landlord shall have been notified of any electric condition allegedly causing same; (viii) any zoning ordinance or other wiring acts of governmental or for any damage caused by anything done public authority now or omitted by any other tenant;
hereafter in force; and (bix) for any act or omission (including theftof any other occupant of the building or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, malfeasance or negligence) on damage to, any property in the Premises done or caused by any employee, servant, or agent of the Landlord who is invited into the Premises by the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties, nor for the loss, damage or theft of any property stored or left in the basement or in any other part of any contractor from time to time employed by it to perform janitor servicesthe building, security services, supervision or any other work in or about which is not enclosed within the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the Premises at the invitation of the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties or accepting custody of property shall be then deemed agent of the Tenant or other equipment or machinery in the Building or on the Landperson at whose instance he may be acting, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.and not
Appears in 2 contracts
Samples: Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc)
Limitation of Landlord’s Liability. a) The Tenant shall make no claim upon the landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the landlord shall be exempt from all liability, except for injuries to the Tenant’s person or property which are due to negligence of the Landlord, Its agents servants or employees in the management of the premises or the real property of which the premise are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plants, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction, or curtailment be due to breakdowns, or repairs or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the landlord’s control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the premises or any part of the building, or any noise or vibration audible in, or transmitted to the premises; (iv) any vermin; (v) any failing paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments (vii) any latent defect or deterioration in the building or the appurtenances thereof, whether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The tenant will not hold the landlord liable for any loss or there of , or damage to, any property in the premises done or caused by an employee, servant, or agent of the landlord who is invited into the premises by the Tenant, nor for the loss, damage or theft of any property stores or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with an employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the landlords employees and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or other person at whose instance he may be acting and not agent of the landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided (shall be at the tenant’s risk and the tenant will not hold the landlord liable for any loss of or damage to person or property therein thereby. Nothing in this lease contained shall impose any obligation upon the landlord with respect to any real property other than the building whether said other real property be owned by the landlord or otherwise, or shall in any way limit the landlords right to build upon or otherwise use said other real property in such manner as the landlord may see fit. The Tenant shall make no claim upon the landlord for abatement of rent, constructive eviction or rescission, and the landlord shall have no liability by reason of the Landlord’s failure to enforce the provisions of the lease to any other tenant against such other tenant. Back to Contents
b) Any right and authority reserved by and granted to the landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the landlord to inspect and to repair the premises and the landlord hereby assumes no responsibility or liability for the care, inspection, maintenance, supervision, alteration or repair of the premise except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, except as here in specifically provided and the duty of care, f if any, owned by the tenant to the persons on the sidewalks or in the corridors of the building.
c) The officers, directors, employers, partner’s shareholders and principals direct of indirect comprising the Landlord (collectively the “Parties”) shall not be liable for the performance of the Landlord’s obligations under this lease. The Tenant shall not look solely to the landlord to enforce the landlord’s obligations under this lease. The Tenant shall look solely to the Landlord to enforce the landlord’s obligations under this lease and shall not seek any bodily injury or death or loss or damage damages against any of the Parties. The liability of the Landlord for the Landlord’s obligations under this lease shall be limited to Landlord’s Equity in the building. “Landlord’s Equity” as used herein means the lesser of (i) the interest of the Landlord in and to the building and (ii) the interest the Landlord would have in the building if it were encumbered by an indebtedness held by a person not a party to this lease in an amount equal to 75$ of then current fair market value of the building (as such value of such interest is determined in good faith by the Landlord). The Tenant shall not look to any other property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence assets of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other Other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevatorsLandlord’s Equity, or the interruption property or assets of any public utility;
(e) of the parties in seeking either to enforce the Landlord’s obligations under this lease or to satisfy a judgment for any business interruption or loss; or
(f) for indirect or consequential damagesthe Landlord’s failure to perform such obligations.
Appears in 2 contracts
Samples: Lease Agreement (Inuvo, Inc.), Lease Agreement (Miva, Inc.)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord Landlord, its officers, trustees, agents, servants, and employees shall not be liable for any bodily injury damage to Tenant’s Property or death or to property of others entrusted to any employee of Landlord, nor for the loss of or damage to any of Tenant’s Property or by theft or otherwise, nor shall Landlord, trustees, agents, servants, and employees be liable for any injury or damage to property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence of the Landlordfire, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by explosion, falling plaster, steam, gas, electricity, water, rain rain, or snow which may leak into, issue or flow leaks from any part of the Building or from the pipes pipes, appliances, or plumbing works (including sprinklersplumbing, if any) thereof or from the roof, street, or subsurface, or from any other place place, or quarter by dampness, or by any other cause of whatsoever nature, unless and to the extent caused by the wrongful intentional acts or gross negligence of Landlord; nor shall Landlord, its officers, trustees, agents, servants, and employees be liable for any such damage caused by the negligence of other persons in the Building or attributable caused by operations in construction of any public or quasi-public works; nor shall Landlord, its officers, trustees, agents, servants, and employees be liable for any latent defect in the Property, the Building, or the Leased Premises. Tenant shall reimburse Landlord as additional rent, upon rendition of a statement, for all expenditures made by or damages or fines sustained or incurred by Landlord (including, without limitation, reasonable attorneys’ fees) due to the non-performance or non-compliance with or breach or failure by Tenant to observe any term, covenant, or condition of this Lease. Notwithstanding any of the provisions of this Paragraph or arrangement any other provisions of any electric the Lease to the contrary, Landlord shall have no obligation, responsibility, or other wiring or liability whatsoever for any damage caused by anything done inconvenience, annoyance, interruption, loss of, or omitted by injury to Tenant’s business, including, without limitation, lost profits or any other tenant;
(b) for consequential damages however occurring, whether in the course of effectuating any act environmental cleanup or omission (making any repairs, replacements, restorations, alterations, additions, improvement, or otherwise, including theftthose resulting from Landlord’s negligence, malfeasance acts or negligence) failures to act, or to provide services, or resulting from Xxxxxxxx’s failure to perform any obligation on the part of the Landlord to be performed under this Lease. Landlord shall not be personally liable with respect to any contractor from time provision of this Lease. If Landlord is in breach or default with respect to time employed by it its obligations under this Lease, Tenant shall look solely to perform janitor services, security services, supervision or any other work Landlord's equity in or about the Leased Premises for satisfaction of Tenant's remedies. It is expressly understood and agreed that Xxxxxxxx's obligations under this Lease shall in no event exceed the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery its equity in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesLeased Premises.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Limitation of Landlord’s Liability. (a) The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence of the Landlord, its agents, servants or employees in the management of the Premises or the real property of which the Premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the Premises or any part of the building, or any noise or vibration audible in, or transmitted to the Premises; (iv) any vermin; (v) any falling paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, whether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the Premises done or caused by any employee, servant, or agent of the Landlord who is invited into the Premises by the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties, nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the Premises or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the Premises at the invitation of the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided) shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by the Landlord or otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the Premises shall not be taken as obligating the Landlord to inspect and to repair the Premises and the Landlord hereby assumes no responsibility or liability for the care, inspection, maintenance, supervision, alteration or repair of the Premises except as herein specifically provided. The Tenant assumes possession and control of the Premises and exclusively the whole duty of care and repair thereof, except as herein specifically provided, and the duty of care, if any, owed by the Tenant to the persons on the sidewalks or in the corridors of the building.
(c) The officers, directors, employees, partners, shareholders, and principals, direct or indirect, comprising the Landlord (collectively, the "Parties") shall not be liable for the performance of the Landlord's obligations under this lease. The Tenant shall look solely to the Landlord to enforce the Landlord's obligations under this lease and shall not seek any bodily injury or death or loss or damage damages against any of the Parties. The liability of the Landlord for the Landlord's obligations under this lease shall be limited to Landlord's Equity in the building. "Landlord's Equity" as used herein means the lesser of (i) the interest of the Landlord in and to the building and (ii) the interest the Landlord would have in the building if it were encumbered by an indebtedness held by a person not a party to this lease in an amount equal to 75% of the then-current fair market value of the building (as such value of such interest is determined in good faith by the Landlord). The Tenant shall not look to any other property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence assets of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevatorsLandlord's Equity, or the interruption property or assets of any public utility;
(e) of the Parties in seeking either to enforce the Landlord's obligations under this lease or to satisfy a judgment for any business interruption or loss; or
(f) for indirect or consequential damagesthe Landlord's failure to perform such obligations.
Appears in 1 contract
Samples: Lease Agreement (Getty Images Inc)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable or in any way responsible for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees, or licensees or any other person others in, on or about the Building Building, unless resulting from the willful misconduct or gross negligence of the Landlord, but and in no event shall the Landlord be liableliable or in any way responsible for any death, injury, loss or damage suffered by the Tenant or others in respect of:
(a) for any loss or damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part to the property of the Building Tenant or others from theft;
b) indirect or consequential damage or damages for personal discomfort or illness or loss of business resulting from the pipes interruption of the heating, ventilation and air conditioning services or plumbing works (including sprinklersany utility services to be provided under this Lease by the Landlord;
c) death, if any) thereof injury, loss or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by the other Tenants, occupants or persons in the Leased Premises or other Premises in the Building or by occupants or the property adjacent thereto, or caused by the public, or caused in the course of construction of operation of the private, public, or quasi public work;
d) death, injury, loss or damage required to be insured by the Tenant;
e) death, injury, loss or damage (except where caused by the willful or gross neglect of the Landlord, but excluding death, injury, loss or damage required to be insured by the Tenant), to persons or property resulting fire, rain or snow or leaks from any part of the building including the Leased Premises, or from the pipes, appliances or plumbing works therein, or from the roof, street or sub-surface or from any other tenantplace or by dampness;
(bf) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or persons from time to time employed by it them to perform janitor services, services or security services, supervision or any other work services in or about the Leased Premises of the Building;
(cg) for any loss or damage, of damage however caused, caused to money, securities, negotiable instruments, paper papers or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.
Appears in 1 contract
Limitation of Landlord’s Liability. TWENTY-FIRST:
(a) The Tenant agrees that shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescision, or otherwise, and the Landlord shall not be liable exempt from all liability, except for any bodily injury or death or loss or damage to any property belonging injuries to the Tenant Tenant's person or its employees, invitees, or licensees or any other person in, on or about property which are due to the Building unless resulting from the willful misconduct or gross negligence of the Landlord, but its agents, servants or employees in no event shall the Landlord be liable:
management of the premises or the real property of which the demised premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (ai) for any damage other than Insured Damage which is caused by steaminterruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, rain sewer or snow steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration or replacement done by or on behalf of the Landlord or the Tenant, pursuant to the provisions of this lease; (iii) any water, rain, snow, steam, gas, electricity or other element, which may leak intoenter, issue or flow from or into the premises or any part of the Building building, or from any noise or vibration audible in, or transmitted to the pipes premises; (iv) any vermin; (v) any falling paint, plaster or plumbing works cement; (including sprinklersvi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, if anywhether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) thereof any zoning ordinance or from other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other place occupant of the building or quarter or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the premises done or caused by any employee, servant, or attributable to agent of the condition Landlord who is invited into the premises by the Tenant, nor for the loss, damage or arrangement theft of any electric property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with any employee of the Landlord, not withstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other wiring person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. Storerooms or storage space for personal property (if provided) are provided gratuitously by the Landlord, and the use of same shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage caused to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by anything done the Landlord or omitted otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant;.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the Landlord to inspect and to repair the premises and the Landlord hereby assumes no responsibility or liability for any act the care, inspection, maintenance, supervision, alteration or omission (including theftrepair of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, malfeasance or negligence) except as herein specifically provided, and the duty of care, if any, owed by the Tenant to the persons on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision sidewalks or any other work in or about the Leased Premises corridors of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesbuilding.
Appears in 1 contract
Samples: Lease Agreement (Cyber Dialogue Inc)
Limitation of Landlord’s Liability. The (a) Except as otherwise specifically set forth in Articles THREE and FOURTEEN, the Tenant agrees that shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence or willful misconduct of the Landlord, its agents, servants, contractors or employees in the management of the premises or the real property of which the premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the premises or any part of the building, or any noise or vibration audible in, or transmitted to the premises; (iv) any vermin; (v) any falling paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, of which the Landlord had no notice; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The Tenant will not be hold the Landlord liable for any bodily injury loss or death theft of, or damage to, any property in the premises done or caused by any employee, servant, or agent of the Landlord who is invited into the premises by the Tenant (allowing the Landlord or the Landlord's employees, contractors, servants or agents to clean and make repairs permitted or required pursuant to this lease is not deemed "invited"), nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage to any property belonging to the Tenant may occur through carelessness or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, but in no event and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided) shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building (and the land on which the building is situated), whether said other real property be liable:owned by the Landlord or otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. Except as otherwise specifically set forth in this lease, the Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant.
(ab) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the Landlord to inspect and to repair the premises and the Landlord hereby assumes no responsibility or liability for any damage other than Insured Damage which is caused the care, inspection, maintenance, supervision, alteration or repair of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, except as herein specifically provided, and the duty of care, if any, owed by steam, water, rain the Tenant to the persons on the sidewalks or snow which may leak into, issue in the corridors of the building.
(c) The Landlord shall have the right to erect scaffolding around all or flow from any part of the Building or from building, whether in connection with the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement construction of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision additional floors or any other work alterations, repairs or maintenance being performed at the building, where such scaffolding is needed by virtue of Legal Requirements, or, in or about the Leased Premises Landlord's reasonable judgment is otherwise necessary. The Landlord shall cause such scaffolding to be removed as of the Building;
later of (ci) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.date such removal is
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that that: ----------------------------------
(a) the Landlord shall shall, save for any negligence of the Landlord, not be liable for any bodily injury to or death of, or loss or damage to any property belonging to to, the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from or the willful misconduct Land, or gross negligence for any interruption of any business carried on in the Leased Premises, and, without limiting the generality of the Landlordforegoing, but in no event shall the Landlord be liable:
(ai) for any damage other than Insured Damage which is caused by results from fire, explosion, earthquake, flood, falling plaster, steam, gas, electricity, water, rain rain, snow, dampness or snow which may leak into, issue or flow leaks from any part of the Building Leased Premises or from the pipes pipes, appliances, electrical system, plumbing works, roof, subsurface or plumbing works (including sprinklers, if any) thereof other part or parts of the Building or Land or from any the streets, lanes and other place or quarter or properties adjacent thereto;
(ii) for any damage caused by damage, injury or attributable to the condition or arrangement of any electric or other wiring or for any damage death caused by anything done or omitted by the Tenant or any other tenantof its servants or agents;
(biii) for the non-observance or the violation of any provision by the Tenant of any of the rules and regulations of the Landlord in effect from time to time;
(iv) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor servicesJanitorial Services, security services, supervision or any other work in or about the Leased Premises of or the BuildingBuilding provided the Landlord retains reputable agents, contractors or other persons for such purposes;
(cv) for loss or damage, however caused, to money, securities, negotiable instruments, paper papers or other valuables of the TenantTenant or any of its servants or agents;
(dvi) for the failure to supply interior climate control or elevator service when prevented from doing so by strikes, the necessity of repairs, any damages order or regulation of any body having Jurisdiction, the failure of the supply of any utility required for personal discomfort or illness resulting from the operation thereof or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in cause beyond the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or lossLandlord's reasonable control; or
(fvii) for indirect any bodily injury, death or consequential damage to property arising from the use of, or any happening in or about, any elevator; and
(b) the Tenant releases and discharges the Landlord from any and all actions, causes of action, claims, damages, demands, expenses and liabilities which the Tenant now or hereafter may have, suffer or incur which arise from any matter for which the Landlord is not liable pursuant to section 12.03(a).
Appears in 1 contract
Samples: Net Lease (Seagate Software Inc)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to property of Tenant or any property belonging Tenant Parties (except to the Tenant or its employeesextent of Landlord’s gross negligence, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence knowing violation of this Lease), or loss of Tenant’s or any Tenant Parties’ business or profits, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent by reason of (i) Landlord’s failure to provide security services or systems within the Property or the Project for the protection of the LandlordLeased Premises, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or the Common Areas, or the protection of Tenant’s property or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Building, the Common Areas, the Property, or the Project until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Common Areas, the Property, or the Project from whatever cause (other than Landlord’s active gross negligence or willful misconduct or knowing violation of this Lease), or (iv) the pipes unauthorized intrusion or plumbing works entry into the Leased Premises by third parties (including sprinklersother than Landlord). Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Project Operating Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or a portion thereof, in the proportion that the rentable area of the portion of the Leased Premises that Tenant is prevented from using bears to the total rentable area of the Leased Premises. As used herein, the term “Trigger Event” means any of the following events: (1) any failure by Landlord to provide Tenant with access to the Leased Premises or the Project that materially impacts or interrupts Tenant’s use of the Leased Premises, unless such failure is a result of any Laws or Restrictions, (2) Landlord’s failure to perform Landlord’s repair and maintenance obligations hereunder if such failure continues beyond the applicable notice and cure period, if any, expressly set forth in this Lease, and (3) thereof or from any other place or quarter or for any damage caused by or attributable a disruption of utilities to the condition Leased Premises, and such disruption is caused solely by the intentional acts, negligence or arrangement willful misconduct of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision Landlord or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesLandlord’s Parties.
Appears in 1 contract
Limitation of Landlord’s Liability. The INDEMNIFICATION ---------------------------------------------------
Section 14.01. Neither Landlord nor any partner, director, officer, agent, servant or employee of Landlord shall be liable to Tenant agrees that for
(a) any loss, injury or damage to property of Tenant or of others entrusted to employees of the Building, or for any loss of or damage to any property of Tenant or others by theft or action by a third party, or
(b) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow leaks from any part of said Building or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the gross negligence of Landlord, its agents, servants, employees, contractors, licensees, or
(c) any of the foregoing damage, loss or injury caused by other tenants or persons in the Building or caused by operations in construction of any private, public or quasi-public work, or
(d) consequential damages arising out of any loss of use of, or loss or damage to, all or any part of the Demised Premises or any equipment or facilities therein whether or not caused by negligence. If, at any time, any windows of the Demised Premises are temporarily or permanently closed, darkened or bricked up for any reason whatsoever including but not limited to, Landlord's own acts, Landlord shall not be liable for any bodily injury or death or loss or damage Tenant may sustain thereby and Tenant shall not be entitled to any property belonging to the Tenant or its employees, invitees, or licensees remuneration therefor or any other person inabatement of Fixed Rent or additional rent hereunder nor shall the same release Tenant from any of its obligations hereunder nor constitute an eviction. Notwithstanding the foregoing, on Landlord agrees not to permanently close, darken or about the Building unless resulting from the willful misconduct or gross negligence brick up windows of the LandlordDemised Premises except as a result of compliance with law.
Section 14.02. Tenant shall indemnify and hold harmless Landlord and all Superior Lessors, but Superior Mortgagees and its and their respective partners, directors, officers, agents and employees from and against any and all claims arising from or in no event shall the Landlord be liable:connection with
(a) for the conduct or management of the Demised Premises or of any damage business therein, or any work or thing whatsoever done, or any condition created (other than Insured Damage which is caused by steamLandlord or its agents, wateremployees, rain contractors or snow which may leak intolicensees), issue in or flow from about the Demised Premises during the term of this Lease or any part holdover period or during the period of the Building or from the pipes or plumbing works (including sprinklerstime, if any) thereof or from any other place or quarter or for any damage caused by or attributable , prior to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenantCommencement Date that Tenant may have been given access to the Demised Premises;
(b) for any act act, omission or omission (including theft, malfeasance or negligence) on the part negligence of any contractor from time to time employed by it to perform janitor services, security services, supervision Tenant or any other work in of its subtenants or about the Leased Premises of the Buildinglicensees or its or their partners, directors, officers, agents, employees or contractors;
(c) for loss any accident, injury or damagedamage whatever (unless caused solely by Landlord's gross negligence or the gross negligence of Landlord's agents, however causedemployees, to moneycontractors or licensees), securitiesoccurring in, negotiable instruments, paper at or other valuables of upon the Tenant;Demised Premises; and
(d) for any damages for personal discomfort breach or illness resulting from default by Tenant in the operation full and prompt payment and performance of Tenant's obligations under this Lease; together with all costs, expenses and liabilities incurred in or non-operation of the Building ventilating in connection with each such claim or action or proceeding brought thereon, including, without limitation, reasonable attorneys fees and expenses. In case any action or proceeding be brought against Landlord and/or air conditioning system any Superior Lessor or Superior Mortgage and/or its or their partners, directors, officers, agents and/or employees by reason of any other equipment such claim, Tenant, at its expense, upon notice from Landlord or machinery such superior lessor, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Landlord and/or such Superior Lessor or Superior Mortgagee.
Section 14.03. Tenant agrees to look solely to Landlord's estate and interest in the Building or on the Land, including but not limited to elevatorsLand and Building, or the interruption lease of the Building, or of the Land and Building, and the Demised Premises (and/or the proceeds of any public utility;
of the foregoing), for the satisfaction of any right or remedy of Tenant for the collection of a judgment (eor other judicial process) requiring the payment of money by Landlord, in the event of any liability by Landlord, and no other property or assets of Landlord or its partners or principals, disclosed or undisclosed, shall be subject to levy, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder, or Tenant's use and occupancy of the Demised Premises, or any business interruption or loss; or
(f) for indirect or consequential damagesother liability of Landlord to Tenant.
Appears in 1 contract
Samples: Lease (Ogara Co /Oh/)
Limitation of Landlord’s Liability. The Except as otherwise specifically set forth in Articles THREE and FOURTEEN, the Tenant agrees that shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence or willful misconduct of the Landlord, its agents, servants, contractors or employees in the management of the premises or the real property of which the premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the premises or any part of the building, or any noise or vibration audible in, or transmitted to the premises; (iv) any vermin; (v) any falling paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, of which the Landlord had no notice; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The Tenant will not be hold the Landlord liable for any bodily injury loss or death theft of, or damage to, any property in the premises done or caused by any employee, servant, or agent of the Landlord who is invited into the premises by the Tenant (allowing the Landlord or the Landlord's employees, contractors, servants or agents to clean and make repairs permitted or required pursuant to this lease is not deemed "invited"), nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage to any property belonging to the Tenant may occur through carelessness or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, but in no event and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided) shall be at the Tenant's risk and the Tenant will not hold the Landlord be liable:
(a) liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than Insured Damage the building (and the land on which the building is caused situated), whether said other real property be owned by steamthe Landlord or otherwise, wateror shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. Except as otherwise specifically set forth in this lease, rain the Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or snow which may leak intorescission, issue or flow from any part and the Landlord shall have no liability by reason of the Building or from Landlord's failure to enforce the pipes or plumbing works (including sprinklers, if any) thereof or from provisions of the lease to any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any tenant against such other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that Unless caused solely by Landlord's negligence, or the negligence Landlord's agents, servants and employees, Landlord shall not be liable for, and Tenant hereby releases Landlord and Landlord's agents, servants and employees from, all claims for any bodily injury or death or loss to persons or damage to any property belonging to the (including loss or interruption of business) sustained by Tenant or its employeesany person claiming through Tenant, inviteesresulting from any fire, accident or licensees occurrence or condition in or upon the Premises or the Building, including, but not limited to, claims for damage resulting from:
A. Any defect in or failure of the plumbing, sprinkler systems, heating or air conditioning equipment, elevator, electrical wiring or installation thereof, water pipes, stairs, railings or walks;
B. Any equipment or appurtenances becoming out of repair;
C. Bursting, leaking or running of any water pipe, tubing, radiant panel, electric fixture, valve, fitting, tank, washstand, water closet, waste pipe, drain or any other person in, on pipe or about tank in or upon the Building unless resulting from Premises or the willful misconduct Building;
D. Backing-up of any sewer pipe or gross negligence downspout;
E. Escape of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, gas, or hot or cold water;
F. Water, rain snow or snow which may leak intoice being upon or coming through the roof, issue walls or flow from any part foundation of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place upon or quarter near the Premises or for any damage caused by otherwise;
G. Failure or attributable to the condition or arrangement falling of any electric fixture, plaster or stucco;
H. Broken glass;
I. Any act or omissions of co-tenants or other wiring occupants of the Building or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theftof parties other than Landlord, malfeasance its employees or negligence) on the part agents and/or;
J. The exercise of any contractor from time rights by Landlord under this Lease. In addition to time employed by the foregoing, Landlord's liability under this Lease shall be limited to its estate in the Building and the rents derived therefrom, it being agreed and understood that no other assets of Landlord shall be subject to perform janitor serviceslevy, security services, supervision execution or other procedures for the satisfaction of any judgment or any other work in remedy or about the Leased Premises claim of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesTenant hereunder.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to property of Tenant or any property belonging Tenant Parties, or loss of Tenant’s or any Tenant Parties’ business or profits, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent, except as expressly provided to the Tenant contrary in this Lease, by reason of (i) Landlord’s failure to provide security services or its employeessystems within the Property for the protection of the Leased Premises, inviteesthe Buildings or the Outside Areas, or licensees the protection of Tenant’s property or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Buildings, the Outside Areas or the Property until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other person incurtailment in the supply of water, on electric current, gas or about other utility service to the Building unless resulting Leased Premises, the Buildings, the Outside Areas or the Property from the willful misconduct or whatever cause (other than Landlord’s gross negligence of or willful misconduct), or (iv) the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain unauthorized intrusion or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about entry into the Leased Premises by third parties (other than Landlord or its agents), each except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Parties. Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Property Operating Expenses shall be abated or reduced, as the case may be, after expiration of the Building;
(c) Eligibility Period for loss such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or damagea portion thereof, however caused, to money, securities, negotiable instruments, paper or other valuables in the proportion that the rentable area of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation portion of the Building ventilating and/or air conditioning system or Leased Premises that Tenant is prevented from using bears to the total rentable area of any other equipment or machinery in the Building or on Leased Premises. As used herein, the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.term “
Appears in 1 contract
Samples: Lease Agreement (Personalis, Inc.)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable for any bodily injury or death or loss or damage to any property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence or negligence of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;] [Language in brackets struck out in original]
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.] [Language in brackets struck out in original]
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to property of Tenant or any property belonging Tenant Parties (except to the Tenant or its employeesextent of Landlord’s gross negligence, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence knowing violation of this Lease), or loss of Tenant’s or any Tenant Parties’ business or profits, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent by reason of (i) Landlord’s failure to provide security services or systems within the Property or the Project for the protection of the Leased Premises, the Buildings or the Common Areas, or the protection of Tenant’s property or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Buildings, the Common Areas, the Property, or the Project until Tenant shall have first notified Landlord, but in no event writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the Landlord be liable:
supply of water, electric current, gas or other utility service to the Leased Premises, the Buildings, the Common Areas, the Building F and Amenities Building Property, or the Project from whatever cause (a) for any damage other than Insured Damage which Landlord’s gross negligence, willful misconduct or knowing violation of this Lease), or (iv) the unauthorized intrusion or entry into the Leased Premises by third parties (other than Landlord). Notwithstanding the foregoing, in the event that Tenant is caused by steamprevented from using, waterand does not use, rain the Leased Premises or snow which any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Project Operating Expenses shall be abated or reduced, as the case may leak intobe, issue or flow from any part after expiration of the Building Eligibility Period for such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or a portion thereof, in the proportion that the rentable area of the portion of the Leased Premises that Tenant is prevented from using bears to the pipes total rentable area of the Leased Premises. As used herein, the term “Trigger Event” means any of the following events: (1) any failure by Landlord to provide Tenant with access to the Leased Premises or plumbing works the Project that materially impacts or interrupts Tenant’s use of the Leased Premises, unless such failure is a result of any Laws or Restrictions, (including sprinklers2) Landlord’s failure to perform Landlord’s repair and maintenance obligations hereunder if such failure continues beyond the applicable notice and cure period, if any, expressly set forth in this Lease, and (3) thereof or from any other place or quarter or for any damage caused by or attributable a disruption of utilities to the condition Leased Premises, and such disruption is caused solely by the intentional acts, negligence or arrangement willful misconduct of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision Landlord or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesLandlord’s Parties.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to any property belonging to the of Tenant or its employees, inviteesany Tenant Parties, or licensees loss of Tenant’s or any other person inTenant Parties’ business or profits, on nor shall Tenant be entitled to terminate this Lease or about to any reduction in or abatement of rent, except as provided for below, by reason of (i) Landlord’s failure to provide security services or systems within the Building unless resulting from Property or the willful misconduct or gross negligence Project for the protection of the LandlordLeased Premises, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes Common Areas, or plumbing works the protection of Tenant’s property or any of the Tenant Parties, or (including sprinklers, if anyii) thereof Landlord’s failure to perform any maintenance or from any other place or quarter or for any damage caused by or attributable repairs to the condition Leased Premises, the Building, the Common Areas, the Property, or arrangement of the Project within the notice and cure periods set forth in Paragraph 12.3 below, or (iii) any electric failure, interruption, rationing or other wiring curtailment in the supply of water, electric current, gas or for any damage caused by anything done other utility service to the Leased Premises, the Building, the Common Areas, the Property, or omitted by any the Project from whatever cause (other tenant;
than Landlord’s active gross negligence or willful misconduct), or (biv) for any act the unauthorized intrusion or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about entry into the Leased Premises by third parties (other than Landlord). Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Project Operating Expenses shall be abated or reduced, as the case may be, after expiration of the Building;
(c) Eligibility Period for loss such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or damagea portion thereof, however caused, to money, securities, negotiable instruments, paper or other valuables in the proportion that the rentable area of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation portion of the Building ventilating and/or air conditioning system Leased Premises that Tenant is prevented from using bears to the total rentable area of the Leased Premises. As used herein, the term “Trigger Event” means any of the following events: (1) any failure by Landlord to provide Tenant with access to the Leased Premises or the Project that materially impacts or interrupts Tenant’s use of the Leased Premises, unless such failure is a result of any other equipment Laws or machinery in Restrictions, (2) Landlord’s failure to perform Landlord’s repair and maintenance obligations hereunder if such failure continues beyond any applicable notice and cure period and (3) a disruption of utilities to the Leased Premises, and such disruption is caused solely by the intentional acts, negligence or willful misconduct of Landlord or any of Landlord’s Parties. Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.D
Appears in 1 contract
Limitation of Landlord’s Liability. (a) The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence of the Landlord, its agents, servants or employees in the management of the Premises or the real property of which the Premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the Premises or any part of the building, or any noise or vibration audible in, or transmitted to the Premises; (iv) any vermin; (v) any falling paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, whether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the Premises done or caused by any employee, servant, or agent of the Landlord who is invited into the Premises by the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties, nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the Premises or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the Premises at the invitation of the Tenant for purposes outside the normal scope of such employee's, servant's or agent's duties or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided) shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by the Landlord or otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the Premises shall not be taken as obligating the Landlord to inspect and to repair the Premises and the Landlord hereby assumes no responsibility or liability for the care, inspection, maintenance, supervision, alteration or repair of the Premises except as herein specifically provided. The Tenant assumes possession and control of the Premises and exclusively the whole duty of care and repair thereof, except as herein specifically provided, and the duty of care, if any, owed by the Tenant to the persons on the sidewalks or in the corridors of the building.
(c) The officers, directors, employees, partners, shareholders, and principals, direct or indirect, comprising the Landlord (collectively, the "Parties") shall not be liable for the performance of the Landlord's obligations under this lease. The Tenant shall look solely to the Landlord to enforce the Landlord's obligations under this lease and shall not seek any bodily injury or death or loss or damage damages against any of the Parties. The liability of the Landlord for the Landlord's obligations under this lease shall be limited to Landlord's Equity in the building. "Landlord's Equity" as used herein means the lesser of (i) the interest of the Landlord in and to the building and (ii) the interest the Landlord would have 24 258 in the building if it were encumbered by an indebtedness held by a person not a party to this lease in an amount equal to 75% of the then-current fair market value of the building (as such value of such interest is determined in good faith by the Landlord). The Tenant shall not look to any other property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence assets of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevatorsLandlord's Equity, or the interruption property or assets of any public utility;
(e) of the Parties in seeking either to enforce the Landlord's obligations under this lease or to satisfy a judgment for any business interruption or loss; or
(f) for indirect or consequential damagesthe Landlord's failure to perform such obligations.
Appears in 1 contract
Samples: Lease Agreement (Getty Images Inc)
Limitation of Landlord’s Liability. The 15.1 Landlord and its employees and agents shall not be liable to Tenant, Tenant's employees, agents, assignees, subtenants, licensees, concessionaires or to any other person or entity for any damage (including indirect and consequential damage), injury, loss, compensation or claim, including but not limited to claims for the interruption of or loss to Tenant's business, based on, arising out of or resulting from any cause whatsoever (except as otherwise provided in this Section 15.1), including but not limited to the following: repairs to any portion of the Leased Premises that are the obligation of Tenant; interruption in the use of the Leased Premises or any equipment therein; any accident or damage resulting from the use or operation (by Landlord, Tenant agrees or any other person or entity) of the heating, cooling, electrical, sewerage or plumbing equipment or apparatus; the termination of this Lease by reason of the destruction of the Leased Premises; any fire, robbery, theft, vandalism, mysterious disappearance and/or any other casualty; the actions of any other tenants of the Leased Premises or of any other person or entity; and any leakage in any part or portion of the Leased Premises, or from water, rain, ice or snow that may leak into, or flow from, any part of the Leased Premises, or from drains, pipes or plumbing fixtures in the Leased Premises. It further is understood and agreed that any failure or inability to furnish any services required by this Lease to be furnished by Landlord shall not be liable for any bodily injury considered an eviction, actual or death or loss or damage to any property belonging to the constructive, of Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct Leased Premises and shall not entitle Tenant to terminate this Lease or gross negligence of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement an abatement of any electric Rent payable hereunder. Any goods, property or other wiring personal effects stored or for any damage caused placed by anything done Tenant, its employees or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work agents in or about the Leased Premises shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section 15.1, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or damage to personal property caused by the negligence or willful misconduct of Landlord or its employees to the extent such injury or damage is not covered by insurance (a) carried by Landlord or such person, or (b) required by this Lease to be carried by Landlord.
15.2 Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys' fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from (a) use and occupancy of the Building;
Leased Premises, (b) repair or maintenance of the Leased Premises that are the obligations of Tenant, (c) for loss any act or damageomission by Tenant or Tenant's employees, however causedagents, to moneyassignees, securitiessubtenants, negotiable instrumentscontractors, paper licensees or other valuables of the Tenant;
invitees, or (d) the occurrence and/or continuation of any Event of Default.
15.3 In the event that at any time any landlord hereunder shall sell or transfer the Leased Premises or the entirety of such landlord's interest therein, said landlord shall not be liable to Tenant for any damages for personal discomfort obligations or illness resulting from liabilities based on or arising out of events or conditions occurring after the operation date of such sale or non-operation transfer. Within five (5) days after the written request of any purchaser or transferee of the Leased Premises of any landlord's interest therein, Tenant shall attorn to such purchaser or transferee.
15.4 In the event that at any time during the Lease Term Tenant shall have a claim against Landlord, Tenant shall not have the right to set off or deduct the amount owed or allegedly owed to Tenant from any Rent or other sums payable to Landlord except with respect to claims made by Tenant concerning Landlord's failure to make timely repairs to the Leased Premises' roof and/or structural systems, it being understood that Tenant's sole remedy for recovering upon a claim not concerning the roof or structural systems shall be to institute an independent action against Landlord.
15.5 Tenant agrees that in the event Tenant or any of Tenant's employees, agents, subtenants, licensees or concessionaires is awarded a money judgment against Landlord, the sole recourse for satisfaction of such judgment shall be limited to execution against the estate and interest of Landlord in (a) the Land, the Building ventilating and all other improvements located on the Land (collectively the "Property"), (b) any insurance proceeds and/or air conditioning system condemnation awards paid or payable to Landlord in connection with the Property, and (c) any rents, profits, proceeds, revenues, income, rights or other benefits arising from any lease, license or other agreement pertaining to all or any part of the Property, including without limitation any Additional Leases. In no event shall any other assets of Landlord, or of any officer, director or employee of Landlord or of any other equipment person or machinery in the Building entity associated with Landlord be available to satisfy or on the Landsubject to such judgment, including but not limited nor shall any officer, director or employee of Landlord or any other person or entity be held to elevators, or the interruption have any personal liability for satisfaction of any public utility;
(e) for claims or judgments against Landlord and/or any business interruption officer, director or loss; or
(f) for indirect employee of Landlord in such person's capacity as an officer, director or consequential damagesemployee of Landlord.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to any property belonging to the of Tenant or its employees, inviteesany Tenant Parties, or licensees loss of Tenant’s or any other person inTenant Parties’ business or profits, on nor shall Tenant be entitled to terminate this Lease or about to any reduction in or abatement of rent, except as provided for below, by reason of (i) Landlord’s failure to provide security services or systems within the Building unless resulting from Property or the willful misconduct or gross negligence Project for the protection of the LandlordLeased Premises, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes Common Areas, or plumbing works the protection of Tenant’s property or any of the Tenant Parties, or (including sprinklers, if anyii) thereof Landlord’s failure to perform any maintenance or from any other place or quarter or for any damage caused by or attributable repairs to the condition Leased Premises, the Building, the Common Areas, the Property, or arrangement of the Project within the notice and cure periods set forth in Paragraph 12.3 below, or (iii) any electric failure, interruption, rationing or other wiring curtailment in the supply of water, electric current, gas or for any damage caused by anything done other utility service to the Leased Premises, the Building, the Common Areas, the Property, or omitted by any the Project from whatever cause (other tenant;
than Landlord’s active gross negligence or willful misconduct), or (biv) for any act the unauthorized intrusion or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about entry into the Leased Premises by third parties (other than Landlord). Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Project Operating Expenses shall be abated or reduced, as the case may be, after expiration of the Building;
(c) Eligibility Period for loss such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or damagea portion thereof, however caused, to money, securities, negotiable instruments, paper or other valuables in the proportion that the rentable area of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation portion of the Building ventilating and/or air conditioning system Leased Premises that Tenant is prevented from using bears to the total rentable area of the Leased Premises. As used herein, the term “Trigger Event” means any of the following events: (1) any failure by Landlord to provide Tenant with access to the Leased Premises or the Project that materially impacts or interrupts Tenant’s use of the Leased Premises, unless such failure is a result of any other equipment Laws or machinery in Restrictions, (2) Landlord’s failure to perform Landlord’s repair and maintenance obligations hereunder if such failure continues beyond any applicable notice and cure period and (3) a disruption of utilities to the Building Leased Premises, and such disruption is caused solely by the intentional acts, negligence or on the Land, including but not limited to elevators, willful misconduct of Landlord or the interruption any of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesLandlord’s Parties.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that Upon the Effective Date, Paragraph 13 of the Lease shall be deleted in its entirety and is replaced with the following: “If Landlord shall not be liable terminates this Lease other than for any bodily injury or death or loss or damage to any property belonging to the Tenant or its employees, inviteescause as of right as provided in this Lease, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence Landlord causes interruption of the Landlordbusiness of Tenant, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the condition actual and direct costs of the replacement of this site in Tenant's network including, without limitation, equipment removal, relocation or arrangement repair, and all cost associated with the identification of any electric a new site for Tenant's replacement communications facility, the negotiation of its purchase or other wiring or lease, applying for any necessary governmental approvals, and the cost of constructing a new antenna support structure, including without limitation, surveys, designs, foundation, steel, and erection of the structure and supporting facilities, but not including the Tenant's own communications equipment, and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damage caused by anything done to Tenant. Nothing contained herein shall prevent Tenant from specifically enforcing the terms of this Lease or omitted by obtaining injunctive or equitable relief, including without limiting, the right to enjoin the termination of this Lease. Except for indemnification pursuant to Paragraphs 9(A), 9(B) or a violation of law, neither Party shall be liable to the other or any other tenant;
(b) of their respective agents, representatives, or employees for any act lost revenue, lost profits, loss of technology, rights or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security servicesincidental, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damagepunitive, however causedindirect, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect special or consequential damages, loss of data, or interruptions or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise).”
Appears in 1 contract
Samples: Site Lease Agreement
Limitation of Landlord’s Liability. The Tenant agrees that Landlord's obligations under Sections 5.2(a) and 5.2(b) above shall not require it to utilize any back-up generator(s) owned or operated by Landlord on the Property to provide the services described in such Sections, even if the supply of electric current to the Building from utility companies is halted, interrupted, or otherwise curtailed. Landlord shall not be liable to Tenant for any bodily injury or death harm to Tenant or loss any Tenant Party or damage to the property of Tenant or any property belonging Tenant Party, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of Rent by reason of (a) Landlord's failure to provide security services or systems (or its provision of inadequate security services or systems) within the Property for the protection of the Premises, any other part of the Property, Tenant's property, Tenant, or any Tenant Party; (b) Landlord's failure to perform any maintenance or repairs to the Tenant or its employees, invitees, or licensees Premises or any other person inpart of the Property which this Lease may expressly obligate Landlord to maintain or repair until Tenant shall have first notified Landlord, on in writing, of the need for such maintenance or about repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs; (c) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Premises or any other part of the Property when such failure, interruption, rationing or other curtailment is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building unless resulting from the willful misconduct or Property, by any accident or casualty whatsoever, by act or default of Tenant or any Tenant Party, or by any other cause whatsoever (other than Landlord's sole, affirmative gross negligence of the Landlord, but in no event shall the Landlord be liable:
or willful misconduct); (ad) for any damage other than Insured Damage which is caused by steam, water, rain or snow snow, or other thing which may leak into, issue or flow from any part of the Premises or Building or from (including the pipes or pipes, plumbing works or sprinkler system (including sprinklers, if any) thereof in or serving the Premises or Building) or from any other place or quarter or for any damage place, unless caused by Landlord's sole, affirmative gross negligence or attributable to willful misconduct; (e) the condition or arrangement of any electric or other wiring or for any damage caused by anything done of sprinkler heads (if any); or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) the unauthorized intrusion or entry into the Premises by third parties. Furthermore, Landlord shall not be liable under any circumstances for indirect injury to or consequential damagesinterference with Tenant's business (including, without limitation, loss of profits), however occurring, whether by reason of the events described in clause (a) through (f) above or for any other reason. Tenant hereby waives, to the fullest extent permitted by Law, any Adverse Consequences that it may have against Landlord by reason of any of the matters described in clauses (a) through (f) above. Notwithstanding the foregoing, in the event Landlord fails to provide any of the services required to be furnished by Landlord pursuant to Sections 5.2(a) and 5.2(b) above for more than five (5) consecutive days, and as a result thereof Tenant is unable to occupy the Premises for the operation of its business in accordance with the Permitted Use and actually vacates the Premises, then provided (i) Tenant is not in default hereunder beyond any applicable notice and cure period set forth herein (if any), (ii) such failure to provide services is the result of Landlord's acts or omissions, (iii) such failure to provide services is not attributable, in whole or in part, to the acts or omissions of Tenant or any Tenant Party, and (iv) such failure to provide services is not attributable, in whole or in part, to any Force Majeure event, then the Base Monthly Rent and any payments due under Section 3.2(a) above shall be abated for each day such service(s) is/are not so provided commencing with the day immediately following such ten (10) day period and ending on the earlier of (i) the date such service(s) is/are restored or (ii) the date Tenant shall reoccupy all or any portion of the Premises for the ordinary conduct of its business.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not not:
(a) be liable for any bodily injury to or the death of, or loss or damage to any property belonging to to, the Tenant or its servants, employees, agents, invitees, or licensees or any other person in(on the Land for the purpose of attending at the Leased Premises), on or about the Building unless resulting from Land;
(b) be liable for any consequential injury, loss or damage;
(c) be liable for any injury or damage of any nature whatsoever to any persons or property caused by the willful misconduct failure by reason of a breakdown or gross negligence other cause, to supply adequate drainage, snow or ice removal, or by reason of the Landlordinterruption of any public utility or other service, but or in no the event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by of gas, steam, water, rain rain, snow, ice, or snow which may leak intoother substance leaking, issue issuing or flow flowing from any part the water, steam, sprinkler or drainage pipes or plumbing of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter quarter, into any part of the Leased Premises or for any loss or damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted to be done by any other tenanttenant of the Building;
(bd) be liable for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor janitorial services, security services, maintenance, supervision or Additional Services or any other work in or about the Leased Premises of or the Building;
(ce) be liable for loss or damage, however caused, to money, securities, negotiable instruments, paper papers or other valuables of the Tenant, including any consequential loss or damage resulting therefrom;
(df) be liable for loss or damage to any automobiles or their contents or for the unauthorized use by other tenants or strangers of parking space allotted to the Tenant, but the Tenant's rights shall be against the person or persons causing such damage or occupying such space;
(g) be responsible or liable for the failure to supply interior climate control or elevator service when prevented from doing so by strikes, necessity of repairs, any order or regulation of any body having jurisdiction, the failure of the supply of any utility required for the operation thereof or any other cause beyond the Landlord's reasonable control, and the Landlord shall not be held responsible for indirect or consequential damages or other damages for personal discomfort or illness or injury resulting therefrom or for any bodily injury, death or damage to property arising from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevatorsuse of, or the interruption of any public utilityhappening in or about, any elevator;
(eh) be responsible for any business interruption inconvenience, discomfort, damages, loss or loss; orclaims whatsoever arising out of adjustment or balancing of the climate control system;
(fi) be under any obligation to repair or maintain or insure the Tenant's Leasehold Improvements, furniture, equipment or other property;
(j) be under any obligation to remedy any default of the Tenant and the Landlord shall not incur any liability to the Tenant for indirect any act or consequential damagesomission in the course of its curing or attempting to cure any such default or its entering upon the Leased Premises to undertake any examination thereof or any work therein or in the case of any emergency; and
(k) be liable if there is an interruption to the supply of utilities to the Leased Premises.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable for or in any bodily way responsible to the Tenant in respect of any loss, injury or death or loss or damage to any property belonging to suffered by the Tenant or its employees, inviteesinvitees or licensees, or licensees or any other person in, on or about the Building others unless resulting from the willful misconduct or gross negligence of the Landlord, Landlord but in no event shall the Landlord be liableliable for loss, injury or damage:
(a) for to any property of the Tenant or others from theft, damage or any other than Insured Damage which is cause;
(b) caused to any persons or property by steamfire, explosion, falling plaster, escaping steam or gas, electricity, water, rain or snow which may leak intosnow, issue or flow leaks from any part of the Building or from the pipes any pipes, appliances or plumbing works (including sprinklerswork therein, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Buildingdampness;
(c) for loss caused by other tenants or damage, however caused, to money, securities, negotiable instruments, paper occupants or persons or the public in or about the Premises or other valuables rentable premises or elsewhere in the Building, or caused by operations in the conduct of the Tenantany private or public work;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or nature of indirect or consequential loss, injury or damage of any nature whatsoever including without limitation matters affected by interruptions in the supply of water, electricity, heating, air conditioning system or of any and other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;utilities; or
(e) that is required to be insured by the Tenant under the provisions of Article 11.2. In addition to and without limiting the generality of the foregoing, notwithstanding anything to the contrary herein contained or at law, the liability of the Landlord hereunder (or of each of the companies comprising the Landlord, if more than one) shall, in every case, be several and not either joint or joint and several and shall be limited to liability for a portion of the total liability equal to such companies’ respective ownership proportions from time to time in the Property. For greater certainty, but without limiting the generality of the foregoing, in no case and under no circumstances shall any business interruption assets of the Landlord (or loss; or
any of them, if more than one company comprises the Landlord) be called into contribution or found or held to be attachable as a result of any breach, default or liability by the Landlord hereunder, other than the interest of the Landlord (for each such company comprising the Landlord) for indirect or consequential damagesin the Property from time to time.
Appears in 1 contract
Limitation of Landlord’s Liability. (a) The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence of the Landlord, its agents, servants or employees in the management of the premises or the real property of which the premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, sewer or steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration, renovation or replacement done by or on behalf of the Landlord or any other tenant; (iii) any water, rain, snow, steam, gas, electricity or other element, which may enter, flow from or into the premises or any part of the building, or any noise or vibration audible in, or transmitted to the premises; (iv) any vermin; (v) any falling paint, plaster or cement; (vi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, whether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) any zoning ordinance or other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other occupant of the building or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the premises done or caused by any employee, servant, or agent of the Landlord who is invited into the premises by the Tenant, nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with any employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. The use of storerooms or storage space for personal property (if provided) shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by the Landlord or otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the Landlord to inspect and to repair the premises and the Landlord hereby assumes no responsibility or liability for the care, inspection, maintenance, supervision, alteration or repair of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, except as herein specifically provided, and the duty of care, if any, owed by the Tenant to the persons on the sidewalks or in the corridors of the building.
(c) The officers, directors, employees, partners, shareholders, and principals, direct or indirect, comprising the Landlord (collectively, the "Parties") shall not be liable for the performance of the Landlord's obligations under this lease. The Tenant shall look solely to the Landlord to enforce the Landlord's obligations under this lease and shall not seek any bodily injury or death or loss or damage damages against any of the Parties. The liability of the Landlord for the Landlord's obligations under this lease shall be limited to Landlord's Equity in the building. "Landlord's Equity" as used herein means the lesser of (i) the interest of the Landlord in and to the building and (ii) the interest the Landlord would have in the building if it were encumbered by an indebtedness held by a person not a party to this lease in an amount equal to 75% of the then-current fair market value of the building (as such value of such interest is determined in good faith by the Landlord). The Tenant shall not look to any other property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence assets of the Landlord, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or from the pipes or plumbing works (including sprinklers, if any) thereof or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevatorsLandlord's Equity, or the interruption property or assets of any public utility;
(e) of the Parties in seeking either to enforce the Landlord's obligations under this lease or to satisfy a judgment for any business interruption or loss; or
(f) for indirect or consequential damagesthe Landlord's failure to perform such obligations.
Appears in 1 contract
Limitation of Landlord’s Liability. (a) The Tenant agrees that shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall not be liable exempt from all liability, except for any bodily injury or death or loss or damage to any property belonging injuries to the Tenant Tenant's person or its employees, invitees, or licensees or any other person in, on or about property which are due to the Building unless resulting from the willful misconduct or gross negligence of the Landlord, but its agents, servants or employees in no event shall the Landlord be liable:
management of the premises or the real property of which the demised premises are a part, for or on account of any annoyance, inconvenience, interference with business, or other damage, caused by: (ai) for any damage other than Insured Damage which is caused by steaminterruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, rain sewer or snow steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair or restoration done by or on behalf of the Landlord or the Tenant, pursuant to the provisions of this lease; (iii) any water, rain, snow, steam, gas, electricity or other element, which may leak intoenter, issue or flow from or into the premises or any part of the Building building, or from any noise or vibration audible in, or transmitted to the pipes premises; (iv) any vermin; (v) any falling paint, plaster or plumbing works cement; (including sprinklersvi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, if anywhether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) thereof any zoning ordinance or from other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other place occupant of the building or quarter or other person temporarily therein. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the premises done or caused by any employee, servant, or attributable agent of the Landlord who is invited into the premises by the Tenant, nor for the loss, damage or theft of any property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property left with any employee of the Landlord, notwithstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. Storerooms or storage space for personal property (if provided) are provided gratuitously by the Landlord, and the use of same shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by the Landlord or otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant. Notwithstanding anything herein to the condition contrary, no partner, officer, agent or arrangement employee of Landlord shall be liable for Landlord's obligations under this lease and Tenant shall not look to any other property or assets of the Landlord or the property or assets of any electric partner, officer, agent or other wiring employee of Landlord in seeking to enforce landlord's obligations under this lease or to satisfy a judgment for any damage caused by anything done or omitted by any other tenant;Landlord's failure to perform such obligations.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the Landlord to inspect and to repair the premises and the Landlord hereby assumes no responsibility or liability for any act the care, inspection, maintenance, supervision, alteration or omission (including theftrepair of the premises, malfeasance or negligence) except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, except as herein specifically provided, and the duty of care, if any, owed by the Tenant to persons on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision or any other work sidewalk and in or about the Leased Premises corridors of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesbuilding.
Appears in 1 contract
Samples: Lease Agreement (Healthworld Corp)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable for any bodily injury or death or loss or damage to any property belonging to the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence of the Landlord, but in no event shall the Landlord be liableTWENTY-FIRST:
(a) The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction, rescission, or otherwise, and the Landlord shall be exempt from all liability, except for injuries to the Tenant's person or property which are due to the negligence of or willful misconduct of the Landlord, its agents, servants or employees or contractors, for or on account of any damage annoyance, inconvenience, interference with business, or other than Insured Damage which is damage, caused by steamby: (i) any interruption, malfunction or curtailment of the operation of the elevator service, heating plant, sprinkler system, gas, water, rain sewer or snow steam supply, plumbing, machinery, electric equipment or other appurtenances, facilities, equipment and conveniences in the building, whether such interruption, malfunction or curtailment be due to breakdowns, or repairs, or strikes or inability to obtain electricity, fuel or water due to any such cause or any other cause beyond the Landlord's control; (ii) any work of repair, alteration or replacement done by or on behalf of the Landlord or the Tenant, pursuant to the provisions of this lease; (iii) any water, rain, snow, steam, gas, electricity or other element, which may leak intoenter, issue or flow from or into the premises or any part of the Building building, or from any noise or vibration audible in, or transmitted to the pipes premises; (iv) any vermin; (v) any falling paint, plaster or plumbing works cement; (including sprinklersvi) any interference with light or with other easements or incorporeal hereditaments; (vii) any latent defect or deterioration in the building or the appurtenances thereof, if anywhether or not the Landlord shall have been notified of any condition allegedly causing same; (viii) thereof any zoning ordinance or from other acts of governmental or public authority now or hereafter in force; and (ix) any act or omission of any other place occupant of the building or quarter or other person temporarily therein. Intentional deleted prior to execution. The Tenant will not hold the Landlord liable for any loss or theft of, or damage to, any property in the premises done or caused by any employee, servant or attributable to agent of the condition Landlord who is invited into the premises by the Tenant, nor for the loss, damage or arrangement theft of any electric property stored or left in the basement or in any other part of the building, which is not enclosed within the premises or of any property, left with any employee of the Landlord, not withstanding such theft, loss or damage may occur through carelessness or negligence of the Landlord's employees; and the Tenant agrees that any employee in entering the premises at the invitation of the Tenant or accepting custody of property shall be then deemed agent of the Tenant or other wiring person at whose instance he may be acting, and not agent of the Landlord. Employees are not permitted to receive or accept packages or property for account of Tenants. Storerooms or storage space for personal property (if provided) are provided gratuitously by the Landlord, and the use of same shall be at the Tenant's risk and the Tenant will not hold the Landlord liable for any loss of or damage caused to person or property therein or thereby. Nothing in this lease contained shall impose any obligation upon the Landlord with respect to any real property other than the building, whether said other real property be owned by anything done the Landlord or omitted otherwise, or shall in any way limit the Landlord's right to build upon or otherwise use said other real property in such manner as the Landlord may see fit. The Tenant shall make no claim upon the Landlord for abatement of rent, constructive eviction or rescission, and the Landlord shall have no liability by reason of the Landlord's failure to enforce the provisions of the lease to any other tenant against such other tenant;. Intentional deleted prior to execution.
(b) Any right and authority reserved by and granted to the Landlord under this lease, to enter upon and make repairs in the premises shall not be taken as obligating the Landlord to inspect and to repair the premises and the Landlord hereby assumes no responsibility or liability for any act the care, inspection, maintenance, supervision, alteration or omission (including theftrepair of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises except as herein specifically provided. The Tenant assumes possession and control of the premises and exclusively the whole duty of care and repair thereof, malfeasance or negligence) except as herein specifically provided, and the duty of care, if any, owed by the Tenant to the persons on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision sidewalks or any other work in or about the Leased Premises corridors of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damages.building. INDEMNITY BY TENANT
Appears in 1 contract
Samples: Lease Agreement (Startec Global Communications Corp)
Limitation of Landlord’s Liability. The Tenant agrees that the Landlord shall not be liable to Tenant for injury to Tenant or any bodily injury or death or loss of the Tenant Parties, or damage to property of Tenant or any property belonging Tenant Parties (except to the Tenant or its employeesextent of Landlord’s gross negligence, invitees, or licensees or any other person in, on or about the Building unless resulting from the willful misconduct or gross negligence knowing violation of this Lease), or loss of Tenant’s or any Tenant Parties’ business or profits, nor shall Tenant be entitled to terminate this Lease or to any reduction in or abatement of rent by reason of (i) Landlord’s failure to provide security services or systems within the Property or the Project for the protection of the LandlordLeased Premises, but in no event shall the Landlord be liable:
(a) for any damage other than Insured Damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Building or the Common Areas, or the protection of Tenant’s property or any of the Tenant Parties, or (ii) Landlord’s failure to perform any maintenance or repairs to the Leased Premises, the Building, the Common Areas, the Property, or the Project until Tenant shall have first notified Landlord, in writing, of the need for such maintenance or repairs, and then only after Landlord shall have had a reasonable period of time following its receipt of such notice within which to perform such maintenance or repairs, or (iii) any failure, interruption, rationing or other curtailment in the supply of water, electric current, gas or other utility service to the Leased Premises, the Building, the Common Areas, the Property, or the Project from whatever cause (other than Landlord’s gross negligence, willful misconduct or knowing violation of this Lease), or (iv) the pipes unauthorized intrusion or plumbing works entry into the Leased Premises by third parties (including sprinklersother than Landlord). Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof as a result of a Trigger Event (as defined below), then Tenant shall give Landlord written notice thereof and if such Trigger Event continues for five (5) consecutive business days (such period herein called the “Eligibility Period”), then Tenant’s Base Monthly Rent and Tenant’s obligation to pay Project Operating Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such period of time that Tenant continues to be so prevented from using, and does not actually use, the Leased Premises or a portion thereof, in the proportion that the rentable area of the portion of the Leased Premises that Tenant is prevented from using bears to the total rentable area of the Leased Premises. As used herein, the term “Trigger Event” means any of the following events: (1) any failure by Landlord to provide Tenant with access to the Leased Premises or the Project that materially impacts or interrupts Tenant’s use of the Leased Premises, unless such failure is a result of any Laws or Restrictions, (2) Landlord’s failure to perform Landlord’s repair and maintenance obligations hereunder if such failure continues beyond the applicable notice and cure period, if any, expressly set forth in this Lease, and (3) thereof or from any other place or quarter or for any damage caused by or attributable a disruption of utilities to the condition Leased Premises, and such disruption is caused solely by the intentional acts, negligence or arrangement willful misconduct of any electric or other wiring or for any damage caused by anything done or omitted by any other tenant;
(b) for any act or omission (including theft, malfeasance or negligence) on the part of any contractor from time to time employed by it to perform janitor services, security services, supervision Landlord or any other work in or about the Leased Premises of the Building;
(c) for loss or damage, however caused, to money, securities, negotiable instruments, paper or other valuables of the Tenant;
(d) for any damages for personal discomfort or illness resulting from the operation or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or loss; or
(f) for indirect or consequential damagesLandlord’s Parties.
Appears in 1 contract
Limitation of Landlord’s Liability. The Tenant agrees that that:
(a) the Landlord shall not be liable for any bodily injury to or death of, or loss or damage to any property belonging to to, the Tenant or its employees, invitees, or licensees or any other person in, on or about the Building unless resulting from or the willful misconduct Land, or gross negligence for any interruption of any business carried on in the Premises, and, without limiting the generality of the Landlordforegoing, but in no event shall the Landlord be liable:
(ai) for any damage other than Insured Damage or for bodily injury or death of anyone which is caused by results from fire, explosion, earthquake, flood, falling plaster, steam, gas, electricity, water, rain rain, snow, dampness or snow which may leak into, issue or flow leaks from any part of the Building Premises or from the pipes pipes, windows, appliances, electrical system, plumbing works, roof, subsurface or plumbing works (including sprinklers, if any) thereof other part or parts of the Building or Land or from any the streets, lanes and other place or quarter or properties adjacent thereto;
(ii) for any damage caused by damage, injury or attributable to the condition or arrangement of any electric or other wiring or for any damage death caused by anything done or omitted by the Tenant or any of its servants or agents or by any other tenanttenant or person in the Building;
(biii) for the non-observance or the violation of any provision of any of the rules and regulations of the Landlord In effect from time to time or of any lease by another tenant of premises in the Building or any concessionaire, employee, licensee, agent, customer, officer, contractor or other invitee of any of them, or by anyone else;
(iv) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor janitorial services, security services, supervision or any other work in or about the Leased Premises of or the Building;; or
(cv) for loss or damage, however caused, to money, securities, negotiable instruments, paper papers or other valuables of the TenantTenant or any of its servants or agents;
(dvi) for the failure to supply interior climate control or elevator service when prevented from doing so by strikes, the necessity of repairs, any damages order or regulation of any body having jurisdiction, the failure of the supply of any utility required for personal discomfort or illness resulting from the operation thereof or non-operation of the Building ventilating and/or air conditioning system or of any other equipment or machinery in cause beyond the Building or on the Land, including but not limited to elevators, or the interruption of any public utility;
(e) for any business interruption or lossLandlord's reasonable control; or
(fvii) for indirect any bodily injury, death or consequential damage to property arising from the use of, or any happening in or about, any elevator; and
(b) the Tenant releases and discharges the Landlord from any and all actions, causes of action, claims, damages, demands, expenses and liabilities which the Tenant now or hereafter may have, suffer or incur which arise from any matter for which the Landlord is not liable pursuant to Section 12.03(a), notwithstanding that negligence or other conduct of the Landlord or anyone for whose conduct the Landlord is responsible may have caused or contributed to such matter.
Appears in 1 contract
