NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ for any damage either to person or property sustained by Tenant or by other persons due to the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof.
Appears in 2 contracts
Samples: Office Lease (Cheap Tickets Inc), Office Lease (Cheap Tickets Inc)
NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ for any ------------------------ damage either to person or property sustained by Tenant or by other persons due to the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, ; and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof.
Appears in 2 contracts
Samples: Office Lease (Cheap Tickets Inc), Office Lease (Cheap Tickets Inc)
NONLIABILITY OF LANDLORD. Except to the extent solely caused by an act of Landlord or Landlord’s agents, contractors, invitees or employees, Landlord shall not be liable ------------------------ to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage either to any person or property sustained by Tenant in or by other persons due to about the BuildingBuilding resulting from the Building or Premises, or any part thereof, or any appurtenances thereof, equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or due to cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of any tenant other tenants or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said employees in the Building, ; or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstancecircumstance whatsoever, whether of a like nature or of a wholly different nature; provided. All property in or about the Building or in the Premises belonging to Tenant, howeverits agents, that this provision shall not apply to any damage caused by the grossly negligent employees or willful actions of Landlord. If any such damage invitees shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be there at the sole risk of Tenant or other person only and that Landlord shall not be liable for any loss, injury or damage thereto or theft theft, misappropriation or loss thereof. If Landlord fails to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Building and out of rents or other income from such property receivable by Landlord and Landlord shall not be personally liable for any deficiency.
Appears in 1 contract
Samples: Lease (Alliance Laundry Corp)
NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ for any damage ------------------------ either to person or property sustained by Tenant or by other persons due to the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage the same is caused by the grossly willful or negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage except where the same is caused by the grossly willful or negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof.
Appears in 1 contract
Samples: Lease (Cheap Tickets Inc)