No LESSOR Liability. LESSOR will not be liable for any loss or expense, or any loss of profit, arising from any delay or failure in Delivery to LESSEE unless such delay or failure arises as a consequence of the willful misconduct of LESSOR, and in no event will LESSOR be liable for any delay or failure which is caused by any breach or delay on the part of Manufacturer or any BFE supplier.
No LESSOR Liability. 11 3.5 Total Loss of Aircraft prior to Delivery......................11 3.6
No LESSOR Liability. Lessor shall have no liability for any loss, damage or expense, or any loss of profit, arising from any delay or failure in Delivery to Lessee unless such delay or failure arises as a direct consequence of the willful misconduct or breach of any obligation under this Lease of or by Lessor, and in no event shall Lessor be liable for any delay or failure which is caused by any breach of this Lease or delay on the part of Lessee or Lessee’s Parent or by any breach of the Purchase Agreement or the Purchase Agreement Assignment other than by Lessor.
No LESSOR Liability. This is a financing arrangement only, and to the extent lawful, Lessee therefore waives any and all claims against Lessor for any and all liability, obligations, losses, claims and damages whatsoever regardless of the cause thereof, any expenses in connection therewith, including, without limiting, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Lease, the ownership of any item of the Equipment, the ordering, acquisition, use, operation, condition, purchase delivery, rejection, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person. This waiver shall continue in full force and effect notwithstanding full payment of all obligations under this Lease and the termination of the Lease Term. Xxxxxx agrees not to withhold or xxxxx any portion of payment required by reason of any defects, malfunctions, breakdowns or infirmities of the Equipment.
No LESSOR Liability. Neither LESSOR nor any agent or employee of LESSOR shall be liable to LESSEE for and LESSEE waives any claims against LESSOR for:
(1) any injury or damage to LESSEE or to any other person; or (ii) any damage to, or loss (by theft or otherwise) of, any property of LESSEE or any other person, irrespective of the cause of such injury, damage, or loss, unless caused by or due to the willful misconduct or gross negligence of LESSOR, its agents, or employees without contributory negligence on the part of LESSEE.
No LESSOR Liability. LESSOR will not be liable for any loss or expense, or any loss of profit, arising from any delay or failure in Delivery to LESSEE unless such delay or failure arises as a direct consequence of the willful misconduct of LESSOR; provided, however, in the event LESSOR receives compensation, including without limitation penalty rent, if any, from Prior Lessee as a result of Prior Lessee's delay in returning the Aircraft, after LESSOR has deducted a sum equal to the Rent LESSOR would have received from LESSEE on a daily basis had the Aircraft been delivered on time, LESSOR will pay to LESSEE any such compensation which LESSOR receives from Prior Lessee.
No LESSOR Liability. Lessor shall not be liable for any labor, services, or materials furnished or to be furnished to Lessee or to any sublessee in connection with any work performed on or at the Demised Premises, and no mechanic's lien or other lien or encumbrance for any labor, services or materials shall attach to or affect the Lessor’s leasehold interest or the Lessor’s fee estate or reversion in the Demised Premises.
No LESSOR Liability. Lessor shall not be liable for any loss, cost, damage, or expense incurred or claimed by Lessee or any other person or party on account of the construction or installation of the Alterations. Lessee hereby acknowledges and agrees that the compliance of the Alterations and Lessee's Plans, with all applicable governmental laws, codes, and regulations shall be solely Lessee's responsibility. Lessor assumes no liability or responsibility resulting from the failure of the Lessee to comply with all applicable governmental laws, codes and regulations or for any defect in any of the Alterations. Lessee further agrees to indemnify, defend, and hold harmless Lessor from all losses, liabilities, actions, damages, costs and expenses claimed, asserted, or arising in connection with any of the foregoing.
No LESSOR Liability. Lessor shall not be liable for any loss, cost, damage, or expense incurred or claimed by Lessee or any other person or party on account of the construction or installation of the Tenant Improvements or any improvements to the Premises made by Lessee, except to the extent caused by Lessor's gross negligence, recklessness or intentional acts. As much of the Tenant Improvements for the Premises are of a very specialized and technical nature, Lessee agrees and understands that Lessor shall not be the guarantor of, nor responsible for, the correctness or accuracy of any Plans, the compliance of such Plans with applicable laws or the operation of the Tenant Improvements in the Premises. Notwithstanding the foregoing, Lessor hereby covenants to diligently pursue and to cooperate with Lessee in pursuing all of Lessor's warranty rights and remedies under the Construction Contract and each Design Contract, including Lessor's rights with respect to subcontractors and vendors, as necessary to compensate Lessee for any loss, cost, damage or expense incurred or claimed by Lessee, or any other person claiming through Lessee, on account of any defect in the construction, design or installation of the Tenant Improvements or any breach of the Construction Contract by Contractor, or any Design Contract by the designer party thereto. The Lessor assumes no liability or responsibility resulting from the failure of the Lessee to comply with applicable governmental laws, codes and regulations or for any defect in any of the Tenant Improvements or other alteration to the Premises made by Lessee. Lessee further agrees to indemnify, defend, and hold harmless Lessor from any liability, loss, cost, damage or expense incurred, claimed, asserted or arising in connection with any of the foregoing.
No LESSOR Liability. Lessor shall not be liable for any loss, cost, damage, or expense incurred or claimed by Lessee or any other person or party on account of the construction or installation of the Tenant Improvements or any other improvements to the Premises made by Lessee, except to the extent caused by Lessor’s negligence, recklessness or intentional acts. Lessee agrees and understands that Lessor shall not be the guarantor of, nor responsible for, the correctness or accuracy of any Plans, the compliance of such Plans with applicable laws or the operation of the Tenant Improvements in the Premises. Lessor assumes no liability or responsibility resulting from the failure of the Lessee to comply with applicable governmental laws, codes and regulations or for any defect in any of the Tenant Improvements or other alteration to the Premises made by Lessee. Notwithstanding the foregoing, Lessor shall enforce for the benefit of Lessee all contracts, warranties, indemnities and guaranties applicable to the design and construction of the Tenant Improvements. Lessee shall indemnify, defend and hold Lessor harmless from and against claims for personal injury or property damage to the extent caused by Lessee’s gross negligence and intentional misconduct in connection with its entry onto and activities on the Premises during the construction of the Tenant Improvements.
