Common use of NON-LIABILITY FOR CERTAIN DAMAGES Clause in Contracts

NON-LIABILITY FOR CERTAIN DAMAGES. 14.1 Landlord and Landlord's agents and employees shall not be liable to Tenant or any other person or entity whomsoever for any injury to person or damage to property caused by the Demised Premises or other portions of the property becoming out of repair or by defect (including latent defects) in or failure of any building equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Demised Premises, nor shall Landlord be liable to Tenant or any other person or entity whomsoever from any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Building or of any other persons or entity whomsoever. Tenant shall indemnify and hold harmless Landlord from any loss, cost, expense or claims arising out of such injury or damage referred to in this Article XIV, Section 14.1. 14.2 In the event of any violation of this Lease by Landlord, Tenant's exclusive remedy shall be an action for damages (Tenant waiving the benefit of any laws granting it a lien upon the property of Landlord and/or upon rent due the Landlord), but prior to any such action Tenant will give Landlord written notice specifying such violation with particularity, and Landlord shall thereupon have thirty (30) days in which to cure any such violation. Unless and until Landlord fails to so cure any violation after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of its ownership of the property and not thereafter.

Appears in 2 contracts

Samples: Office Lease (Choice Hotels Holdings Inc), Office Lease (Manor Care Inc/New)

AutoNDA by SimpleDocs

NON-LIABILITY FOR CERTAIN DAMAGES. 14.1 14.1. Landlord and Landlord's agents and employees shall not be liable to Tenant or any other person or entity whomsoever for any injury to person or damage to property caused by the Demised Premises or other portions of the property becoming out of repair or by defect (including latent defects) in or failure of any building equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Demised Premises, nor shall Landlord be liable to Tenant or any other person or entity whomsoever from any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Building or of any other persons or entity whomsoever. Tenant shall indemnify and hold harmless Landlord Landlord, its affiliated companies and its and their agents and employees from any loss, cost, expense or claims arising out of such injury or damage referred to in this Article ARTICLE XIV, Section SECTION 14.1. 14.2 14.2. In the event of any violation of this Lease by Landlord, Tenant's exclusive remedy shall be an action for damages (Tenant waiving the benefit of any laws granting it a lien upon the property of Landlord and/or upon rent due the Landlord), but prior to any such action Tenant will give Landlord written notice specifying such violation with particularity, and Landlord shall thereupon have thirty (30) days in which to cure any such violation. Unless and until Landlord fails to so cure any violation after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of its ownership of the property and not thereafter.

Appears in 1 contract

Samples: Commercial Lease (Streamline Com Inc)

AutoNDA by SimpleDocs

NON-LIABILITY FOR CERTAIN DAMAGES. 14.1 Landlord and Landlord's ’s agents and employees shall not be liable to Tenant or any other person or entity whomsoever for any injury to person or damage to property caused by the Demised Premises or other portions of the property Property becoming out of repair or by defect (including latent defects) in or failure of any building equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Demised Premises, nor shall Landlord landlord be liable to Tenant or any other person or entity whomsoever from any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Building or of any other persons or entity whomsoever. With respect to latent or patent defects in the Demised Premises or in the building of which they form a part, Landlord’s liability shall not extend beyond one (1) year from the date of substantial completion of the construction of the Demised Premises, whether or not such defects are discovered within such one (1) year period. Tenant shall indemnify and hold harmless Landlord from any loss, cost, expense or claims arising out of such injury or damage referred to in this Article XIV, Section 14.1. 14.2 In the event of any violation of this Lease by Landlord, Tenant's ’s exclusive remedy shall be an action for damages (Tenant waiving the benefit of any laws granting it a lien upon the property of Landlord and/or upon rent due the Landlord)) , but prior to any such action Tenant will give Landlord written notice specifying such violation with particularity, and Landlord shall thereupon have thirty (30) days in which to cure any such violation. Unless and until Landlord fails to so cure any violation after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of its ownership of the property Property and not thereafter.

Appears in 1 contract

Samples: Commercial Lease (Authentec Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!