Common use of RELEASE AND WAIVER OF LIABILITY Clause in Contracts

RELEASE AND WAIVER OF LIABILITY. 3.1 The Licensor Parties shall not be liable for, and Licensee waives, all claims for loss, theft or damage to Licensee’s property or the property of any person claiming by, through or under Licensee resulting from: (i) wind or weather; (ii) the failure of any sprinkler, heating or air-conditioning equipment, any electric wiring or any gas, water or steam pipes; (iii) the backing up of any sewer pipe or downspout; (iv) the bursting, leaking or running of any tank, water closet, drain or other pipe; (v) water, snow or ice upon or coming through the roof, skylight, stairs, doorways, windows, walks or any other place upon or near the Building; (vi) any act or omission of any party (including other users of the Licensed Space), other than the negligence or willful misconduct of such Licensor Party; and (vii) the unavailability of the Licensed Space for any reason whatsoever, whether or not within the control of Licensor. Licensee’s sole recourse against Licensor for the unavailability of the Licensed Space, or bicycle rack space therein, shall be a per diem refund of the License Fee for each day of such unavailability (if applicable). 3.2 No owner, general or limited partner, member, officer, director, employee, agent or shareholder of Licensor shall be personally liable for the performance of Licensor’s obligations under this Agreement. The liability of Licensor for any of Licensor’s obligations under this Agreement shall be limited to the amount of the License Fee theretofore paid by Licensee, and Licensee shall not look to any of Licensor’s other assets for enforcement or satisfaction against Licensor. 3.3 Licensor and Licensee waive any rights each may have against the other from any risk generally covered by fire and extended coverage and, on behalf of their insurance companies, waive any right of subrogation which such insurer may have against the parties hereto.

RELEASE AND WAIVER OF LIABILITY. 3.1 The Licensor Parties shall not be liable for, and Licensee waives, all claims for loss, theft or damage to Licensee’s property or the property of any person claiming by, through or under Licensee resulting from: (i) wind or weather; (ii) the failure of any sprinkler, heating or air-conditioning equipment, any electric wiring or any gas, water or steam pipes; (iii) the backing up of any sewer pipe or downspout; (iv) the bursting, leaking or running of any tank, water closet, drain or other pipe; (v) water, snow or ice upon or coming through the roof, skylight, stairs, doorways, windows, walks or any other place upon or near the Building; (vi) any act or omission of any party (including other users of the Licensed Space), other than the negligence or willful misconduct of such Licensor Party; and (vii) the unavailability of the Licensed Space for any reason whatsoever, whether or not within the control of Licensor. Licensee’s sole recourse against Licensor for the unavailability of the Licensed Space, or bicycle rack space therein, shall be a per diem refund of the License Fee for each day of such unavailability (if applicable). 3.2 No owner, general or limited partner, member, officer, director, employee, agent or shareholder of Licensor shall be personally liable for the performance of Licensor’s obligations under this Agreement. The liability of Licensor for any of Licensor’s fo obligations under this Agreement shall be limited to the amount of the License Fee theretofore paid by Licensee, and Licensee shall not look to any of Licensor’s other sh assets for enforcement or satisfaction against Licensor. 3.3 Licensor and Licensee waive any rights each may have against the other from any risk generally covered by fire and extended coverage and, on behalf of their insurance companies, waive any right of subrogation which such insurer may have against the parties hereto.