Release of Landlord. The Tenant hereby releases the Landlord from any and all claims, actions, causes of action, damages, demands for damages and other liabilities, howsoever arising, that may be made by the Tenant against the Landlord under the provisions of this Lease to the extent of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from: (a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities: (i) for or related to any bodily injury, personal injury, illness or discomfort to or death of the Tenant or any of its agents, officers, contractors, employees, invitees, licensees and any other Person for whom the Tenant is legally responsible in or about the Project or the Premises; and (ii) for or related to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including the Premises, or from the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring; (b) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant; (c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the Project; (d) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others; (e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and (f) any indirect or consequential damages including, but not limited to, loss of profit.
Appears in 2 contracts
Samples: Lease Agreement (Nevada Geothermal Power Inc), Lease Agreement (Argentex Mining Corp)
Release of Landlord. The Tenant hereby releases the Landlord from any and all claims, actions, causes of action, damages, demands for damages and other liabilities, howsoever arising, that may be made by the Tenant against the Landlord under the provisions of this Lease to the extent of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach of the Lease by the Landlord andits Affiliates, notwithstanding anything else herein contained, employees and agents shall not be liable to Tenant, its Affiliates and Invitees or any other person or entity for any damage (including indirect and hereby releases consequential damage), injury, loss or claim (including claims for the Landlord from:
interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: the violation of any Environmental Law or the use, storage or disposal of any Hazardous Materials at, on or under the Premises (a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for whether prior or related subsequent to the Lease Commencement Date); repair to any bodily injury, personal injury, illness or discomfort to or death portion of the Premises; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of its agentselevators or heating, officerscooling, contractorselectrical, employees, invitees, licensees and any other Person for whom the Tenant is legally responsible in sewerage or about the Project plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises; and
(ii) for any fire, robbery, theft, vandalism, mysterious disappearance or related to any loss other casualty; actions of any other person or damage to property owned by entity; leakage in any part of the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, Premises from water, rain rain, ice or snow which that may leak into, issue or flow from from, any part of the Project, including the Premises, or from the drains, pipes or plumbing works thereoffixtures in the Premises; and, notwithstanding anything to the contrary contained in Section 21.1 below, (a) the encroachment of improvements over, under, into, or from any other place across the boundaries of the Premises, easements, setback requirements, or for any damage caused by utilities (including, without limitation, storm drains and overhead power lines), or attributable to the condition or arrangement of any electric or other wiring;
(b) any loss or damage caused as a result the extinguishment of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair easement benefiting (or reconstruction from time to time of constituting a portion of) the Project, any parts or components of Premises in connection with the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part foreclosure of any agentmortgage or deed of trust superior to such easement. Any property placed by Tenant, contractor its Affiliates or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work Invitees in or about the Premises shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by Landlord's willful misconduct or the Project;
(d) gross negligence; provided, however, that in no event shall Landlord have any liability for any loss to Tenant's business or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and any other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and
(f) any indirect losses or consequential damages including, but not limited to, loss of profitdamages.
Appears in 1 contract
Samples: Lease Agreement (Lithia Motors Inc)
Release of Landlord. The (a) Except for the gross negligence or willful misconduct of Landlord, Landlord's agents or employees, Landlord shall not be held responsible to Tenant for and is hereby releases expressly relieved by Tenant from any and all liability by reason of any injury, loss, or damage to any person or property in the Premises due to any cause whatsoever and whether the loss, injury or damage be to the person or property of Tenant or any other person. Except for the gross negligence or willful misconduct of Landlord, Landlord's agents or employees, Tenant further agrees to indemnify, defend and save Landlord harmless from and against all claims by any employee or invitee of Tenant made on account of such injury, loss or damage, including but not limited to reasonable attorneys' fees and other legal expenses.
(b) Except for the gross negligence or willful misconduct of Tenant, Tenant's agents or employees, Tenant shall not be held responsible to Landlord for and is hereby expressly relieved by Landlord from any and all claimsliability by reason of any injury, actionsloss, causes of actionor damage to any person or property on the Property, damagesexcluding the Premises, demands for damages due to any cause whatsoever and other liabilitieswhether the loss, howsoever arising, that may injury or damage be made by the Tenant against the Landlord under the provisions of this Lease to the extent person or property of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach other person. Except for the gross negligence or willful misconduct of the Lease Tenant, Tenant's agents or employees, Landlord further agrees to indemnify, defend and save Tenant harmless from and against all claims by the any employee or invitee of Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from:
(a) any and all claims, actions, causes made on account of action, damages, demands for damages and other liabilities:
(i) for or related to any bodily such injury, personal injury, illness or discomfort to or death of the Tenant or any of its agents, officers, contractors, employees, invitees, licensees and any other Person for whom the Tenant is legally responsible in or about the Project or the Premises; and
(ii) for or related to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including the Premises, or from the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring;
(b) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the Project;
(d) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited toto reasonable attorneys' fees and other legal expenses.
(c) Upon becoming aware of a lien, Tenant shall remove or have removed any mechanic's, materialman's or other lien or claim thereof filed against the supply Premises, any other portion of the Property, or any utilities, telecommunication services (whether controlled or other property owned by the Landlord Landlord, by reason of work, labor, services or not) materials provided for at the request of the Tenant (other than work or other services in, to or serving the Project or the Premises, whether they are supplied materials provided by the Landlord pursuant to the provisions of Article 8 of this Lease) or for any contractor or subcontractor employed by others; and
(f) the Tenant, or otherwise arising out of the Tenant's use of the Premises or the remainder of the Property and shall exonerate, protect, defend and hold the Landlord free and harmless against and from any indirect and all such claims or consequential damages including, but not limited to, loss of profitliens.
Appears in 1 contract
Samples: Lease Agreement (Animas Corp)
Release of Landlord. The To the maximum extent permitted by law, Tenant agrees to use and occupy the Property at its own risk, and hereby (for itself and all persons claiming under, by or through Tenant including on behalf of the Lease Guarantors each of which hereby consents and agrees hereto) releases the Landlord Landlord, its agents, servants, contractors and employees, from any and all claims, costs, fines, losses, suits, actions, liabilities, damages and expense whatsoever (including all Attorneys’ Fees), interest, penalties, causes of actionaction and expenses and demands of every kind resulting from any accident, damagesdamage or injury occurring therein, demands unless due solely to Landlord’s negligence or willful misconduct as determined by a court having jurisdiction over such matter. Tenant expressly covenants and agrees that Landlord shall not be responsible or liable to Tenant or to either Lease Guarantor for any loss of, or damage or injury to, inventory, fixtures, improvements, materials or any other property of Tenant, or for defects in workmanship or for improper design or construction of any alterations or improvements, whether or not approved by Landlord, or for any other loss or damage from any source whatsoever, unless such injury, loss, or damage is due solely to Landlord’s gross negligence or willful misconduct. Anything in this Section to the contrary notwithstanding, Landlord shall have no liability whatsoever for any loss, injury or damages and other liabilitiessuffered by Tenant or either Lease Guarantor to the extent such loss, howsoever arising, that injury or damage may be made covered by applicable insurance policies, nor shall Landlord have any liability whatsoever for consequential damages suffered by Tenant. All Tenant Personalty and Existing Personalty which may be upon the Property during the Lease Term hereof shall be at and upon the sole risk and responsibility of Tenant. It is expressly agreed by the Tenant against the parties that in no case shall Landlord, any partners, officers, directors, managers, members, agents or employees of Landlord be liable, under the any express or implied covenant, agreement or provisions of this Lease Lease, for any damages whatsoever to the extent of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if to either Lease Guarantor beyond the Tenant had maintained the insurance required under loss of Rent reserved in this Lease and had diligently processed Lease, accruing after or upon any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence act or alleged negligence breach hereunder on the part of Landlord and for which damages may be sought to be recovered against Landlord. Anything to the contrary notwithstanding, under no circumstances shall any personal liability attach to or be imposed upon Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from:
(a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for or related to any bodily injury, personal injury, illness or discomfort to or death of the Tenant or any of its agentspartners, officers, contractorsdirectors, employeesmanagers, inviteesmembers, licensees and any other Person for whom the Tenant is legally responsible in agents or about the Project or the Premises; and
(ii) for or related employees of Landlord. The term “gross negligence” shall not include gross negligence imputed as a matter of law to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including Indemnified Parties solely by reason of Landlord’s interest in the Premises, Property or from Landlord’s failure to act in respect of matters which are or were the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement obligation of any electric or other wiring;
(b) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the Project;
(d) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and
(f) any indirect or consequential damages including, but not limited to, loss of profitunder this Lease.
Appears in 1 contract
Samples: Facility Lease Agreement (MedEquities Realty Trust, Inc.)
Release of Landlord. The (a) Save and except for the negligence of the Landlord and those for whom the Landlord is in law responsible, the Tenant hereby releases the Landlord from any and all claims, actions, causes of action, damages, demands for damages and other liabilities, howsoever arising, that may be made by the Tenant against the Landlord under the provisions of this Lease to the extent of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord, save and except for the negligence of the Landlord and those for whom the Landlord is in law responsible, from:
(ab) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for or related to any bodily injury, personal injury, illness or discomfort to or death of the Tenant or any of its agents, officers, contractors, employees, invitees, licensees and any other Person for whom the Tenant is legally responsible in or about the Project Building or the Premises; and
(ii) for or related to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project Building or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the ProjectBuilding, including the Premises, or from the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring;
(bc) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the ProjectBuilding, any parts or components of the Project Building or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(cd) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the ProjectBuilding;
(de) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(ef) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project Building or the Premises, whether they are supplied by the Landlord or by others; and
(fg) any indirect or consequential damages including, but not limited to, loss of profit.
Appears in 1 contract
Samples: Lease Agreement (Venus Concept Inc.)
Release of Landlord. The To the maximum extent permitted by law, Tenant agrees to use and occupy the Property at its own risk, and hereby (for itself and all persons claiming under, by or through Tenant) releases the Landlord Landlord, its agents, servants, contractors and employees, from any and all claims, costs, fines, Losses, suits, actions, liabilities, damages and expense whatsoever (including all Attorneys’ Fees), interest, penalties, causes of actionaction and expenses and demands of every kind resulting from any accident, damagesdamage or injury occurring therein, demands for damages and other liabilities, howsoever arising, that may be made by the Tenant against the Landlord under the provisions of this Lease except to the extent arising due to the negligence or willful misconduct of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from:
(a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for or related to any bodily injury, personal injury, illness or discomfort to or death of the Tenant or any of its agents, officers, employees or contractors, employees, invitees, licensees . Tenant expressly covenants and any other Person for whom the Tenant is legally responsible in or about the Project or the Premises; and
(ii) for or related to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the agrees that Landlord shall not be responsible or liable to Tenant for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including the Premisesloss of, or from the pipes damage or plumbing works thereofinjury to, inventory, fixtures, improvements, materials or any other property of Tenant, or from for defects in workmanship or for improper design or construction of any other place alterations or improvements approved by Landlord, or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring;
(b) any loss or damage caused as a result of from any damagesource whatsoever, destructionexcept to the extent such injury, constructionloss, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the Project;
(d) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(e) any loss or damage arising from obstruction is due to the negligence or willful misconduct of deliveries Landlord, its agents, employees or contractors. Anything in this Section to the contrary notwithstanding, Landlord shall have no liability whatsoever for any loss, injury or from damages suffered by Tenant to the Premises extent such loss, injury or interruptiondamage may be covered by applicable insurance policies, cessation, faulty operation, breakdown or failure of nor shall Landlord have any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and
(f) any indirect or liability whatsoever for consequential damages including, but not limited to, loss suffered by Tenant. All Personalty which may be upon the Property during the Lease Term hereof shall be at and upon the sole risk and responsibility of profitTenant.
Appears in 1 contract
Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)
Release of Landlord. The (a) Except to the extent caused by Landlord’s breach of this Lease, or the gross negligence or willful misconduct and subject to the release by Landlord in Article 13(f), Tenant hereby releases the agrees to indemnify, defend and hold harmless Landlord from any and against all claims, actionslosses, causes of actionliabilities, damages, demands for damages judgments, fines, suits, demands, costs, interest and expenses of any kind or nature (including but not limited to reasonable attorneys’ fees and other liabilitieslegal expenses), howsoever arising, that may be made by the Tenant against the Landlord under the provisions of this Lease to the extent of all insurance proceeds paid under the policies of insurance maintained by the Tenant or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed any resulting from claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence or alleged negligence on the part of the Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from:
(a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for against Landlord arising from any willful misconduct or related to gross negligence of Tenant and any bodily injury, personal injury, illness subtenants or discomfort to or death Tenant’s occupants of the Tenant or any of its Premises and their respective agents, officers, contractors, subcontractors, employees, inviteesinvitees or licensees, licensees and relating to any other Person for whom the Tenant is legally responsible matters occurring in or about at the Project Premises, the Building or the Premises; and
Property, (ii) for or related to against Landlord arising from any loss accident, injury or damage to property owned by the Tenant any person or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including the Premises, or from the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement property of any electric or other wiring;
(b) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work and occurring in or about the Premises to the extent caused by Tenant’s gross negligence or willful misconduct, and (iii) against Landlord resulting from any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed or performed.
(b) Except to the extent caused by Tenant’s breach of this Lease, or the Project;
(d) any loss or damagegross negligence of willful misconduct of Tenant, however causedand subject to the release by Tenant in Article 13(f), Landlord agrees to books of accountindemnify, recordsdefend and hold harmless Tenant from and against all claims, fileslosses, moneyliabilities, securitiesdamages, negotiable instrumentsjudgments, papersfines, computer diskssuits, tapesdemands, softwarecosts, data interest and other electronic files and their storage media expenses of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
nature (e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited toto reasonable attorneys’ fees and other legal expenses) incurred by Tenant arising from any accident, injury or damage to any person or the supply property of any utilitiesperson in or about the Property, telecommunication services including the common areas (whether controlled specifically excluding the Premises) to the extent attributable to the gross negligence or owned by the willful misconduct of Landlord or not) its tenants and their respective employees, agents, contractors, subcontractors, invitees or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and
(f) any indirect or consequential damages including, but not limited to, loss of profitlicensees.
Appears in 1 contract
Release of Landlord. The To the maximum extent permitted by law, Tenant agrees to use and occupy the Property at its own risk, and hereby (for itself and all persons claiming under, by or through Tenant) releases the Landlord Landlord, its agents, servants, contractors and employees, from any and all claims, costs, fines, Losses, suits, actions, liabilities, damages and expense whatsoever (including all Attorneys’ Fees), interest, penalties, causes of actionaction and expenses and demands of every kind resulting from any accident, damagesdamage or injury occurring therein, demands unless due solely to Landlord’s gross negligence or willful misconduct as determined by a court having jurisdiction over such matter. Tenant expressly covenants and agrees that Landlord shall not be responsible or liable to Tenant for any loss of, or damage or injury to, inventory, fixtures, improvements, materials or any other property of Tenant, or for defects in workmanship or for improper design or construction of any alterations or improvements approved by Landlord, or for any other loss or damage from any source whatsoever, unless such injury, loss, or damage is due solely to Landlord’s gross negligence or willful misconduct. Anything in this Section to the contrary notwithstanding, Landlord shall have no liability whatsoever for any loss, injury or damages and other liabilitiessuffered by Tenant to the extent such loss, howsoever arising, that injury or damage may be made covered by applicable insurance policies, nor shall Landlord have any liability whatsoever for consequential damages suffered by Tenant. All Personalty and Existing Personalty which may be upon the Property during the Lease Term hereof shall be at and upon the sole risk and responsibility of Tenant. It is expressly agreed by the Tenant against the parties that in no case shall Landlord, any partners, officers, directors, managers, members, agents or employees of Landlord be liable, under the any express or implied covenant, agreement or provisions of this Lease Lease, for any damages whatsoever to Tenant beyond the extent loss of all insurance proceeds paid under the policies of insurance maintained by the Tenant Rent reserved in this Lease, accruing after or which would have been paid if the Tenant had maintained the insurance required under this Lease and had diligently processed upon any claims thereunder. In addition and without limitation, the Tenant agrees that the Landlord, regardless of negligence act or alleged negligence breach hereunder on the part of Landlord and for which damages may be sought to be recovered against Landlord. Anything to the contrary notwithstanding, under no circumstances shall any personal liability attach to or be imposed upon Landlord or any breach of the Lease by the Landlord and, notwithstanding anything else herein contained, shall not be liable for and hereby releases the Landlord from:
(a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities:
(i) for or related to any bodily injury, personal injury, illness or discomfort to or death of the Tenant or any of its agentspartners, officers, contractorsdirectors, employeesmanagers, inviteesmembers, licensees and any other Person for whom the Tenant is legally responsible in agents or about the Project or the Premises; and
(ii) for or related employees of Landlord. The term “gross negligence” shall not include gross negligence imputed as a matter of law to any loss or damage to property owned by the Tenant or by others and for which property the Tenant is responsible in or about the Project or the Premises, and, without limiting the foregoing, the Landlord shall not be liable for any damage caused by steam, water, rain or snow which may leak into, issue or flow from part of the Project, including Indemnified Parties solely by reason of Landlord’s interest in the Premises, Property or from Landlord’s failure to act in respect of matters which are or were the pipes or plumbing works thereof, or from any other place or for any damage caused by or attributable to the condition or arrangement obligation of any electric or other wiring;
(b) any loss or damage caused as a result of any damage, destruction, construction, alteration, expansion, expropriation, reduction, repair or reconstruction from time to time of the Project, any parts or components of the Project or of improvements on adjoining properties or by anything done or omitted to be done by any other tenant or occupant;
(c) any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by Landlord to perform janitorial services, security services, supervision or any other work in or about the Premises or the Project;
(d) any loss or damage, however caused, to books of account, records, files, money, securities, negotiable instruments, papers, computer disks, tapes, software, data and other electronic files and their storage media of any kind or to other valuables of the Tenant including art, artworks, statuary, antiques, gems and precious metals of the Tenant and of others;
(e) any loss or damage arising from obstruction of deliveries to or from the Premises or interruption, cessation, faulty operation, breakdown or failure of any Building Systems, including but not limited to, the supply of any utilities, telecommunication services (whether controlled or owned by the Landlord or not) or other services in, to or serving the Project or the Premises, whether they are supplied by the Landlord or by others; and
(f) any indirect or consequential damages including, but not limited to, loss of profit.under this Lease
Appears in 1 contract
Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)
