Release by Lessor Sample Clauses

Release by Lessor. LESSOR, ON ITS OWN BEHALF AND ON BEHALF OF EACH INDEMNIFIED PARTY, HEREBY IRREVOCABLY RELEASES AND DISCHARGES EACH LESSEE INDEMNIFIED PARTY FROM ANY LOSSES ATTRIBUTABLE TO (i) INTERFERENCE WITH WIND ON ANY PROPERTY OWNED IN WHOLE OR IN PART BY LESSOR THAT IS ADJACENT TO THE LEASED PROPERTY, OR (ii) AUDIBLE NOISE, ANY EFFECT OF ELECTROMAGNETIC FIELDS OR BACKGROUND STRAY VOLTAGE ON PERSONS OR LIVESTOCK, ELECTROMAGNETIC NOISE OR INTERFERENCE, RADIO FREQUENCY INTERFERENCE OR CELL TOWER INTERFERENCE, IN EACH CASE TO THE EXTENT CAUSED BY ANY OF THE IMPROVEMENTS.
AutoNDA by SimpleDocs
Release by Lessor. The Lessor hereby remises, releases and forever discharges the Assignor and it successors and assigns of and from all manner of action, causes of actions, suits, debts, dues, sums of money, contracts, agreements, promises, claims, and demands whatsoever in law or in equity, which the Lessor ever had or now has or which its successors and assigns hereafter can, shall, or may have against the Assignor upon or by reason of any matter, cause, or thing whatsoever arising with respect to the Lease.
Release by Lessor. Subject to Lessee's full and timely compliance ----------------- with all of the terms and conditions of this Agreement, including, without limitation, the truthfulness and accuracy of Lessee's representations hereunder, Lessee's timely performance of all of Lessee's obligations under the Lease, and except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Agreement, effective on the Termination Date, Lessor, on behalf of itself and its predecessors, successors, affiliates and assigns, and all other persons, firms and corporations claiming through Lessor and each of them (collectively, the "Releasing Parties"), do hereby release Lessee and its predecessors, successors, affiliates and assigns, and their respective partners, officers, shareholders, agents, contractors, representatives, employees and attorneys (collectively, the "Lessee Released Parties"), of and from any and all claims, demands, disputes, damages, liabilities, obligations, controversies, debts, costs, expenses, lawsuits, actions, causes of action and other rights to relief, both legal and equitable, of every kind and nature, whether now known or unknown, suspected or unsuspected, past or present, contingent or fixed (collectively, the "Claims"), which the Releasing Parties, or any of them, now have, had, or at any time hereafter may have, against the Lessee Released Parties, or any of them, arising out of or in connection with the payment of rental under the Lease.
Release by Lessor. Effective as of the Transfer Date, Lessor and Prior Lessor each shall and do hereby release and forever discharge DALS, its employees, agents and representatives, from any and all liabilities or obligations, of whatever kind or nature, known or unknown, that DALS or its agents, employees and representatives, has, had or may have to Lessor arising out of or based upon the Lease, or the use and occupancy of the Facility by DALS, except with respect to (i) any liabilities or obligations arising prior to the Transfer Date to the extent set forth in Section 2 and Section 4.2 of this Agreement; (ii) any breach of this Agreement by DALS; (iii) any future performance of DALS required by this Agreement; or (iv) any claim for indemnification pursuant to Section 4.2, below.
Release by Lessor. Lessor hereby releases Lessee, and Lessee's descendants, dependents, heirs, executors, administrators, agents, servants, tenants, assigns, lenders and successors-in-interest (together with each of their respective shareholders, partners, directors, officers, employees, agents, representatives, successors, and assigns), from and against any and all claims, demands, obligations, causes of action, and liability arising out of, related to, or in any way connected with Hazardous Materials for which the Lessor is indemnifying Lessee hereunder. Lessor agrees never to commence, aide in any way or prosecute against Lessee, or any of his above-referenced successors or assigns, any action or other proceeding based upon any claims, demands, causes of action, obligations, damages, or liabilities covered by this release. Lessor further expressly waives any rights or benefits available to it with respect to this release under the provisions of Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Lessor has been apprised of and fully understands the statutory language of Section 1542 of the California Civil Code and, with this understanding, elects to and does assume all risk for claims, known or unknown, covered by this release.
Release by Lessor. From and after the Effective Date, Lessor hereby forever fully, finally and completely releases, remises and discharges Existing Lessee and all present and former affiliates, subsidiaries, shareholders, officers, directors, employees, agents, contractors, attorneys, legal representatives, successors and assigns of Existing Lessee, of and from all, and all manner of actions and causes of action, suits, debts, penalties, obligations, promises, expenses (including attorney’s fees), bills, liens, liabilities, dues, accounts, covenants, agreements, judgments, claims and demands whatsoever related in any way to the Premises or the Lease, at law or in equity, or otherwise, to the extent the same arise, accrue or relate to the period from and after the Effective Date through the end of the term of the Lease. Lessor agrees that it shall have no recourse, claims or rights with respect to New Lessee for events or occurrences prior to the Effective Date.
Release by Lessor. Upon the transfer of all the Lessee’s interest in the Project, whether by termination of this Ground Lease or as otherwise allowed under the terms hereof or consented to by the Lessor, the Lessor agrees that the Lessee shall be released from all liability and obligations to the Lessor under this Ground Lease, or any other prior agreements between the Lessor and the Lessee, except for any obligations under this Ground Lease that expressly survive termination.
AutoNDA by SimpleDocs

Related to Release by Lessor

  • Conveyance by Lessor Lessor may assign this Lease to any purchaser of the Leased Property. If Lessor or any successor owner of the Leased Property conveys the Leased Property in accordance with the terms hereof other than as security for a debt, and the grantee or transferee of the Leased Property expressly assumes all obligations of Lessor hereunder arising or accruing from and after the date of such conveyance or transfer, Lessor or such successor owner, as the case may be, shall thereupon be released from all future liabilities and obligations of Lessor under this Lease arising or accruing from and after the date of such conveyance or other transfer as to the Leased Property and all such future liabilities and obligations shall thereupon be binding upon the new owner.

  • Landlord Waiver If requested by Dell, Reseller will arrange (or Reseller will ensure that Customer arranges) for Colocation Site landlord to sign a landlord waiver agreement confirming Dell’s ownership of the APEX System and Dell’s right to access the APEX System in connection with the APEX Service and this Agreement.

  • Waiver by Tenant Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford the Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair.

  • Release of Landlord If Landlord sells its interest in the Building or Complex, then from and after the effective date of the sale or conveyance, Landlord shall be released and discharged from any and all obligations and responsibilities under this Lease except those already accrued. If Tenant provides a Security Deposit, Landlord may transfer the Security Deposit to a purchaser of the Building and Landlord shall be discharged from any further liability in reference thereto.

  • Tenant’s Waiver Landlord and Tenant agree that the provisions of Paragraph 10.4 above, captioned "Tenant's Right To Terminate", are intended to supersede and replace the provisions contained in California Civil Code, Section 1932, Subdivision 2, and California Civil Code, Section 1934, and accordingly, Tenant hereby waives the provisions of such Civil Code Sections and the provisions of any successor Civil Code Sections or similar laws hereinafter enacted.

  • Notice by Tenant Tenant shall give immediate notice to Landlord in case of fire or accidents in the Premises or in the building of which the Premises are a part or of defects therein or in any fixtures or equipment.

  • Landlord's Waivers Any lessor of Tenant's Personal Property may, upon notice to Landlord and during reasonable hours, enter the Property and take possession of any of Tenant's Personal Property without liability for trespass or conversion upon a default by Tenant, provided that such lessor provide Landlord with the opportunity to cure the defaults of Tenant on terms and conditions satisfactory to such lessor and Landlord.

  • Condition of Leased Property Tenant acknowledges receipt and delivery of possession of the Leased Property and Tenant accepts the Leased Property in its “as is” condition, subject to the rights of parties in possession, the existing state of title, including all covenants, conditions, restrictions, reservations, mineral leases, easements and other matters of record or that are visible or apparent on the Leased Property, all applicable Legal Requirements, the lien of any financing instruments, mortgages and deeds of trust existing prior to the Commencement Date or permitted by the terms of this Agreement, and such other matters which would be disclosed by an inspection of the Leased Property and the record title thereto or by an accurate survey thereof. TENANT REPRESENTS THAT IT HAS INSPECTED THE LEASED PROPERTY AND ALL OF THE FOREGOING AND HAS FOUND THE CONDITION THEREOF SATISFACTORY AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES WITH RESPECT THERETO AND TENANT WAIVES ANY CLAIM OR ACTION AGAINST LANDLORD IN RESPECT OF THE CONDITION OF THE LEASED PROPERTY. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY TENANT. To the maximum extent permitted by law, however, Landlord hereby assigns to Tenant all of Landlord’s rights to proceed against any predecessor in interest or insurer for breaches of warranties or representations or for latent defects in the Leased Property. Landlord shall fully cooperate with Tenant in the prosecution of any such claims, in Landlord’s or Tenant’s name, all at Tenant’s sole cost and expense. Tenant shall indemnify, defend, and hold harmless Landlord from and against any loss, cost, damage or liability (including reasonable attorneys’ fees) incurred by Landlord in connection with such cooperation.

  • LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if Tenant shall be in default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to the Premises or any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

  • Breach by Lessor Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph 13.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by any Lender(s) whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.

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