Common use of Tenant Release Clause in Contracts

Tenant Release. To the fullest extent permitted by Law, and notwithstanding anything to the contrary in this Lease, except to the extent caused by the gross negligence or willful misconduct of Landlord or its authorized agents or employees and not covered by insurance required to be carried by Tenant under this Lease, Landlord shall not be liable to Tenant or any third party, and Tenant on behalf of all Tenant Parties hereby waives all claims against Landlord, (i) for any loss, death, injury or damage to person or property caused by or from water leakage of any character from the roof, walls, basement, or other portions of the Premises or the Building, gas, fire, oil, electricity, theft, vandalism, seismic activity, act of God, acts of a public enemy, riot, strike, insurrection, war, terrorist acts, court order, requisition or order of governmental body or authority, regardless of whether the negligence of Landlord or any of its agents or employees was a cause of, or in any way contributed to, such loss, death, injury or damage; or (ii) that occur by reason of the negligence or willful misconduct of Tenant Parties; or (iii) for any damage or inconvenience that may arise through repair, alteration or maintenance of any part of the Project or failure to make any such repair except as expressly otherwise provided in Paragraphs 21 and 22. Notwithstanding anything to the contrary in this Lease, Landlord shall not be liable for any loss, injury or damage arising from any act or omission of any other tenant or occupant of the Project, nor shall Landlord be liable under any circumstances for any injury to or interference with Tenant’s business, or for any lost profits or other consequential damages incurred by Tenant or any other Tenant Parties, including without limitation any loss, claim, cost, expense or damage which would be covered by a standard policy of business interruption insurance, even if caused by the active, passive or gross negligence, or the willful misconduct, of Landlord, its agents or employees. Tenant acknowledges that any casualty insurance carried by Landlord will not cover loss of income to Tenant or damage to the Tenant Improvements or Alterations in the Premises installed by Tenant or Tenant’s Trade Fixtures or personal property located within the Premises. Tenant shall be required to maintain the insurance described in Paragraph 11 (d) below during the Term.

Appears in 3 contracts

Samples: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)

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