Common use of Tenant’s Risk Clause in Contracts

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

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Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 4 contracts

Samples: Burlington Mall Road (Flexion Therapeutics Inc), Burlington Mall Road (Flexion Therapeutics Inc), Lease (Care.com Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Prudential Center as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectPrudential Center, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectPrudential Center, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectPrudential Center, or from drains, pipes or plumbing fixtures in the Building or the ProjectPrudential Center. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 3 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.), Flex Pharma, Inc.

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. Notwithstanding anything contained herein to the contrary, the provisions of this Section 8.2 shall not apply to the extent of Landlord’s negligence.

Appears in 2 contracts

Samples: Lease (Amag Pharmaceuticals, Inc.), Work Agreement (Amag Pharmaceuticals Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Except in the event of negligence, willful misconduct or breach hereof on the part of Landlord, or any of its agents, contractors or employees, Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building or the ProjectBuilding. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or negligence, willful misconduct or breach hereof on the part of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Cytrx Corp), Rxi Pharmaceuticals Corp

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty, except, subject to Section 8.12, to the extent arising from the negligence or willful misconduct of any of the Landlord Parties. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor, except, subject to Section 8.12, to the extent any loss thereof or damage thereto arises from the negligence or willful misconduct of any of the Landlord Parties. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Agreement (Carbon Black, Inc.), Agreement (Carbon Black, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injuryInjury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except as expressly set forth otherwise to the contrary in this Lease, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)

Tenant’s Risk. Tenant agrees to that its use and occupy occupancy of the Premises, Premises and to its use of such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease shall be at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, employees, or contractors. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefortherefore unless due to the negligence or willful misconduct of Landlord, Landlord’s agents, or its employees. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. Tenant shall carry “all-risk” property insurance on a “replacement cost” basis, insuring Tenant’s Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of Landlord. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Repligen Corp), Lease (Repligen Corp)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further any additional period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Arsanis, Inc.), Lease (Howard Bancorp Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. , The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the Project. Complex, Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Agreement (Proteon Therapeutics Inc), Agreement (Proteon Therapeutics Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. , except as provided herein, The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) to property that Tenant is required to insure under Section 10.4 below based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the subject, however, to Section 10.5, Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further any additional period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Lease (Arcellx, Inc.), Lease (Arcellx, Inc.)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, any cyber attack affecting the Building, systems or any computer systems in the Premises, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectOffice Park, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectOffice Park, or from drains, pipes or plumbing fixtures in the Building or the ProjectOffice Park. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 2 contracts

Samples: Upstream Bio, Inc., Upstream Bio, Inc.

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Office Area and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except to the extent resulting from the negligence or willful misconduct of the Landlord Parties, but subject in all events to Section 13.3, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Office Area or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Area or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Office Area or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Office Area or the Project, or from drains, pipes or plumbing fixtures in the Building Office Area or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither and, except to the extent resulting from the negligence or willful misconduct of the Landlord Parties nor their insurers shall not in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Office Area or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 2 contracts

Samples: Agreement (Decibel Therapeutics, Inc.), Agreement (Decibel Therapeutics, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, or Tenant’s Agents, contractors or invitees for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, except for personal injury to Tenant’s Agents, invitees and independent contractors when due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s Agents. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in In no event shall the Landlord Parties have be liable to Tenant for any liability to a Tenant Party based on any loss with respect to indirect or interruption in the operation of Tenantconsequential damages resulting from Landlord’s business. The provisions of this Section shall be applicable until the expiration acts or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Buildingomissions.

Appears in 2 contracts

Samples: Lease (Deciphera Pharmaceuticals, Inc.), Lease (Apellis Pharmaceuticals, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Property and the Project Garage as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Property or the ProjectGarage, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Property or the ProjectGarage, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Property or the ProjectGarage, or from drains, pipes or plumbing fixtures in the Building Property or the ProjectGarage. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. The provisions of this section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. Notwithstanding anything contained herein to the foregoingcontrary, the Landlord Parties provisions of this Section 13.2 shall not be released from liability for any injury, loss, damages or liability apply to the extent arising from any gross of injury, loss or damage caused by the negligence or willful misconduct of the Landlord Parties on or about the Premises; Parties, provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Cra International, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectOffice Park, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectOffice Park, or from drains, pipes or plumbing fixtures in the Building or the ProjectOffice Park. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Arsanis, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants or occupants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty except if due to the intentional misconduct or negligence of any Landlord Party and so long as Landlord complies with its obligations under this Lease. Any goodsleasehold improvements, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefortherefor except if due to the intentional misconduct or negligence of any Landlord Party, or breach of this Lease by Landlord (subject, in any event, to Section 14.13). The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability otherwise except if due to the extent arising from intentional misconduct or negligence of any gross negligence Landlord Party, or willful misconduct breach of the this Lease by Landlord Parties on or about the Premises; provided, however(subject, in no event shall the Landlord Parties have any liability event, to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s businessSection 14.13). The provisions of this Section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Termlease term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Indenture of Lease (Motus GI Holdings, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, and to the extent permitted by Law, Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further any additional period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease Between (Aura Biosciences, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions Tenant shall carry "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Expansion Agreement (Sonus Networks Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectBuilding, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building or the ProjectBuilding. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: X4 Pharmaceuticals, Inc

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease Premises at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties or Tenant's Agents for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business, except for potential abatement to the extent set forth in SECTION 7.5. The provisions of this Section Tenant shall be applicable until the expiration or earlier termination of the Lease Termcarry "all-risk" property insurance on a "replacement cost" basis, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.insuring Tenant's

Appears in 1 contract

Samples: Silverstream Software Inc

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, or Tenant’s Agents, contractors or invitees for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, except for personal injury or property damage to Tenant, Tenant’s Agents, invitees and/or independent contractors when due to the Projectnegligence or willful misconduct of Landlord or Landlord’s Agents. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable , except to a Tenant Party, or to those claiming by, through or under a Tenant Party, for the extent of any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross the negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in Landlord’s Agents. In no event shall the Landlord Parties have be liable to Tenant for any liability to a Tenant Party based on any loss with respect to indirect or interruption in the operation of Tenantconsequential damages resulting from Landlord’s business. The provisions of this Section shall be applicable until the expiration acts or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Buildingomissions.

Appears in 1 contract

Samples: Lease (Replimune Group, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Property and the Project Garage as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Property or the ProjectGarage, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, any cyber attack affecting the Building, systems or any computer systems in the Premises, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Property or the ProjectGarage, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Property or the ProjectGarage, or from drains, pipes or plumbing fixtures in the Building Property or the ProjectGarage. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Work Agreement (Advent Technologies Holdings, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. The provisions of this section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. Notwithstanding anything to the foregoingcontrary contained in this Lease, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any the gross negligence or willful misconduct of the Landlord Parties on or about the Premises, Building or Project; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions business (except for any rent abatement to which Tenant otherwise may be expressly entitled pursuant to the terms of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLease).

Appears in 1 contract

Samples: Lease (Vanda Pharmaceuticals Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty, unless and to the extent arising solely from the negligence of Landlord. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor, unless and to the extent arising solely from the negligence of Landlord. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (TESARO, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, or Tenant’s Agents, contractors or invitees for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, except for personal injury to Tenant’s Agents, invitees and independent contractors when due to the negligence or the Projectwillful misconduct of Landlord or Landlord’s Agents. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability except to the extent arising from of any gross damage or loss caused by the negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in Landlord. In no event shall the Landlord Parties have be liable to Tenant for any liability to a Tenant Party based on any loss with respect to indirect or interruption in the operation of Tenantconsequential damages resulting from Landlord’s business. The provisions of this Section shall be applicable until the expiration acts or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Buildingomissions.

Appears in 1 contract

Samples: Lease (Chiasma, Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions Tenant shall carry “all-risk” property insurance on a “replacement cost” basis, insuring Tenant’s Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lease (Ameresco, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Hayden Avenue (Dicerna Pharmaceuticals Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is given the right to use by this Lease at Tenant’s own risk, subject to Landlord’s obligations under this Lease. The Except to the extent arising out of the gross negligence or willful misconduct of Landlord or any other Landlord Party, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty, or from any electrical failure in the Building or the Property. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building. None of the foregoing shall be deemed to excuse Landlord from its maintenance, repair, restoration or other obligations under this Lease.

Appears in 1 contract

Samples: Tenant Lease Agreement (Protara Therapeutics, Inc.)

Tenant’s Risk. Except as otherwise expressly provided in this Lease, Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease Premises at Tenant’s own risk. The Accordingly, except as otherwise expressly provided in this Lease, Landlord Parties shall not be liable to the Tenant Parties or any other Tenant Party for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs or construction to any portion of the Premises Premises; provided, however, that this provision shall not limit any right of recovery that Tenant may have from any person or the Building entity other than a Landlord Party for any such damage, injury, loss, compensation, or the Project, claim. Nor shall Landlord be liable to Tenant or any other Tenant Party for any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectPremises, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectPremises, or from drains, pipes or plumbing fixtures at the Premises, or from the roof, street, subsurface or from any other place, or from the breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures of the Premises. Notwithstanding the foregoing, however, Landlord shall in no event be exonerated from any liability to Tenant or any other Tenant Party, for any injury, loss, damage or liability to the Building or the Projectextent such exoneration is prohibited by law. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk and hazard of the Tenant PartyTenant, and neither the Landlord Parties nor their any Landlord Party nor Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, therefor and in no event shall the Landlord, or any other Landlord Parties Party have any liability to a Tenant or any Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 8.5 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises Premises. Landlord shall not be responsible or liable to Tenant, or any Tenant Party for any loss or damage to persons or property resulting from the negligence, acts or omissions of persons occupying space adjoining or adjacent to the Premises, or connected to the Premises, or occupying any other part of the Building, or of any of their respective agents, employees, contractors, invitees or customers, including, without limitation, caused by breaking or falling of electrical cables and wires, or the breaking, bursting, stoppage or leakage of water, gas, sewer or steam pipes.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Risk. Except as expressly set forth in this Lease, Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project; provided that the foregoing shall not modify Landlord's liability, if any, pursuant to Applicable Law, for property damage or personal injury to the extent arising from Landlord's negligence or willful misconduct. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties foregoing waiver and release shall not be released from liability for apply to the extent of any injury, loss, damages or liability to caused by the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesParties; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or caused by interruption in the operation of Tenant’s 's business; provided that the foregoing shall not limit Landlord's liability, if any, pursuant to Applicable Laws for property damage or personal injury caused by the negligence or willful misconduct of the Landlord Parties. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except as otherwise provided in this Lease, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Except as otherwise provided in this Lease, the Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoingforegoing and except as otherwise provided in this Lease, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesPremises or the Project, or Landlord’s breach of this Lease; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (Audience Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Subject to Section 8.1(B) above and Section 8.13 below, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Work Agreement (Mimecast LTD)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Office Building and the Project Hub Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except as otherwise provided in this Lease, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Office Building or the ProjectHub Complex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Office Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Office Building or the ProjectHub Complex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Office Building or the ProjectHub Complex, or from drains, pipes or plumbing fixtures in the Office Building or the ProjectHub Complex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Office Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law until the expiration or earlier termination of the Lease Term, Term and during such further period as Tenant or anyone acting by, through or under Tenant may use or be in occupancy of all or any part of the Premises or of the Office Building.

Appears in 1 contract

Samples: Boston, Massachusetts (Rapid7, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Office Tower and the Project Hub Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except as otherwise provided in this Lease, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Office Tower or the ProjectHub Complex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Tower or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Office Tower or the ProjectHub Complex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Office Tower or the ProjectHub Complex, or from drains, pipes or plumbing fixtures in the Building Office Tower or the ProjectHub Complex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Office Tower or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law until the expiration or earlier termination of the Lease Term, Term and during such further period as Tenant or anyone acting by, through or under Tenant may use or be in occupancy of all or any part of the Premises or of the BuildingOffice Tower.

Appears in 1 contract

Samples: Agreement (Rapid7, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease Premises at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties or Tenant's Agents for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business, except for potential abatement to the extent set forth in Section 7.5. The provisions Tenant shall carry "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lease (Silverstream Software Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, Term and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Sublease Agreement (Minerva Neurosciences, Inc.)

Tenant’s Risk. The Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and Property as the Project as Tenant is herein given the right to use by this Lease at the Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s the Tenant's business) except to the extent that the same arises from the negligence or intentional misconduct of the Landlord or any Landlord Responsible Party, based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building Property or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Projectother Buildings, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Projectother Buildings, or from drains, pipes or plumbing fixtures in the Building Premises or the Projectother Buildings. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their the Landlord's insurers shall in any manner be held responsible therefor. The , except to the extent that the same arises from the negligence or intentional misconduct of Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwiseLandlord Responsible Party . Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesResponsible Parties; provided, however, that in no event shall the Landlord Parties have any liability to a the Tenant Party based on any loss with respect to or interruption in the operation of the Tenant’s 's business. The provisions of this Section Tenant shall be applicable until carry "all-risk" property insurance on a "replacement cost" basis, insuring the expiration or earlier termination Tenant's removable property and any alterations made by the Tenant pursuant to Article 4, to the extent that the same have not become the property of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Tenant’s Risk. The Tenant agrees to use and occupy the Premises, Premises and ------------- to use such other portions of the Building and Property as the Project as Tenant is herein given the right to use by this Lease at the Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) the Tenant's business)except to the extent that the same arises from the negligence or willful misconduct of the Landlord, based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building Property or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Projectother Buildings, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Projectother Buildings, or from drains, pipes or plumbing fixtures in the Building Premises or the Projectother Buildings. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their the Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible , except to the extent that the same arises from the negligence or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions willful misconduct of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwiseLandlord. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesResponsible Parties; provided, however, that in no event shall the Landlord Parties have any liability to the Tenant for indirect or consequential damages such as lost profits or other such losses of the Tenant's business as a Tenant Party based on any loss with respect to or interruption in the operation result of Tenant’s businessinterruption. The provisions of this Section Tenant shall be applicable until carry "all-risk" property insurance on a "replacement cost" basis, insuring the expiration or earlier termination Tenant's removable property and any alterations made by the Tenant pursuant to Article 4, to the extent that the --------- same have not become the property of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lifef X Inc

Tenant’s Risk. Except as otherwise expressly set forth herein, Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except as otherwise expressly set forth herein, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim Claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty, except to the extent arising from Landlord’s or any other Landlord Party’s negligence or willful misconduct. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor, except to the extent arising from Landlord’s or any other Landlord Party’s gross negligence or willful misconduct. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons (other than any Landlord Parties) occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Attornment Agreement (Epoch Holding Corp)

Tenant’s Risk. The Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and Property as the Project as Tenant is herein given the right to use by this Lease at the Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Partythe Tenant’s business) except to the extent that the same arises from the gross negligence or intentional misconduct of the Landlord, based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building Property or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Projectother Buildings, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Projectother Buildings, or from drains, pipes or plumbing fixtures in the Building Premises or the Projectother Buildings. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their the Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible , except to the extent that the same arises from the gross negligence or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions intentional misconduct of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwiseLandlord. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesResponsible Parties; provided, however, that in no event shall the Landlord Parties have any liability to a the Tenant Party based on any loss with respect to or interruption in the operation of the Tenant’s business, except and only to the extent expressly so provided in this Lease. The provisions of this Section Tenant shall be applicable until carry “all-risk” property insurance on a “replacement cost” basis, insuring the expiration or earlier termination Tenant’s removable property and any alterations made by the Tenant pursuant to Article 4, to the extent that the same have not become the property of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement (Tangoe Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Atlantic Wharf as Tenant is given the right to use by this Lease Lease, at Tenant’s own risk; provided however, that the provisions of this sentence shall not limit Landlord’s obligations as expressly stated in this Lease. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectAtlantic Wharf, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectAtlantic Wharf, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectAtlantic Wharf, or from drains, pipes or plumbing fixtures in the Building or Atlantic Wharf except to the Projectextent caused by the negligence or willful failure of Landlord to correct such condition after notice and reasonable opportunity to cure. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Brightcove Inc)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building Property and the Project Garage as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s employees, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Property or the ProjectGarage, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Property or the ProjectGarage, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Property or the ProjectGarage, or from drains, pipes or plumbing fixtures in the Building Property or the ProjectGarage. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: 100 Federal Street (Andretti Acquisition Corp.)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (A123 Systems, Inc.)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Development Area as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectDevelopment Area, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectDevelopment Area, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectDevelopment Area, or from drains, pipes or plumbing fixtures in the Building or the ProjectDevelopment Area, but the foregoing exculpation from liability shall not apply in the case of the negligent act or omission or willful misconduct of any Landlord Party. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to ------------- use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s 's own risk. The With respect to property damage, Landlord Parties shall not be liable to the Tenant Parties or Tenant's Agents for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or willful misconduct of Landlord or Landlord's Agents. Notwithstanding the Projectforegoing, Landlord agrees to use reasonable efforts to complete such repairs in a manner which minimizes adverse effects on Tenant's use and enjoyment of the Premises. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesLandlord's Agents; provided, however, that in no event shall the Landlord Parties or Landlord's Agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions ; provided, however, that Tenant shall have certain rights to abatement of this Rent as provided in Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building8.5.

Appears in 1 contract

Samples: Lease (Sycamore Networks Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. The provisions of this section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Work Agreement (Radius Health, Inc.)

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Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Translate Bio, Inc.

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building(s) and the Project Property as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building Building(s) or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Building(s) or of any other person or persons, or any leakage in any part or portion of the Premises or the Building Building(s) or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building Building(s) or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building Building(s) or the ProjectProperty. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Building(s) or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; : provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingBuildings.

Appears in 1 contract

Samples: Sublease (Datawatch Corp)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Building Facility as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectBuilding Facility, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, any cyber attack affecting the Building systems or any computer systems in the Premises or the Building, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding Facility, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding Facility, or from drains, pipes or plumbing fixtures in the Building or the ProjectBuilding Facility. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Mandiant, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, or Tenant’s Agents, contractors or invitees for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s Agents. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesLandlord’s Agents; provided, however, that in no event shall the Landlord Parties or Landlord’s Agents have any liability to a Tenant Party based on any loss with respect to or as a result of interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease Modification and Extension Agreement (Tpi Composites, Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part pmi of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant's Property remains on the Premises, or Tenant or any one acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease use, at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, or Tenant's Agents, contractors or invitees for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord's Agents. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesLandlord's Agents; provided, however, that in no event shall the Landlord Parties or Landlord's Agents have any liability to a Tenant Party based on any loss with respect to or as a result of interruption in the operation of Tenant’s 's business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Beacon Power Corp)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. The foregoing provisions of this Section 10.3 (as well as any other provisions in this Lease providing for indemnification of Landlord by Tenant) shall be deemed to be modified in each case by the insertion of the phrase: “except as otherwise provided in Section 15 of Massachusetts General Laws Chapter 186.” Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any caused by the gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Boston Private Financial Holdings Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions of this Section SECTION 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Compbenefits Corp)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to ------------- use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions Tenant shall carry "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's "Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lease (Telehublink Corp)

Tenant’s Risk. The Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and Property as the Project as Tenant is herein given the right to use by this Lease at the Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Partythe Tenant’s business) (except to the extent that the same arises from the negligence or intentional misconduct of the Landlord or any Landlord Responsible Party, or any violation of this Lease by Landlord which is not cured within the applicable cure period), based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building Property or of any other person or persons, persons or any leakage in any part or portion of the Premises or the Building or the Projectother Buildings, or from water, rain or snow that may leak into, into or flow from any part of the Premises or the Building or the Projectother Buildings, or from drains, pipes or plumbing fixtures in the Building Premises or the Projectother Buildings; however, Landlord does agree to pay for the cost of repair to the Premises of any such leakage or flow, which costs, provided no Landlord Responsible Party was negligent or engaged in intentional misconduct in causing such leakage or flow, Landlord was not in violation of the Lease in causing such leakage or flow, and such cost is not covered by insurance, may be included in Operating Expenses. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their the Landlord’s insurers shall in any manner be held responsible therefor. The , except to the extent that the same arises from the negligence or intentional misconduct of Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwiseLandlord Responsible Party. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on Responsible Parties, or about from any violation of the PremisesLease by Landlord; provided, however, that in no event shall the Landlord Parties have any liability to a the Tenant Party based on any loss with respect to or interruption in the operation of the Tenant’s business. The provisions of this Section Tenant shall be applicable until carry “all-risk” property insurance on a “replacement cost” basis, insuring the expiration or earlier termination Tenant’s removable property and any alterations made by the Tenant pursuant to Article 4, to the extent that the same have not become the property of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Sublease (TripAdvisor, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk, except as provided herein. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) to property that Tenant is required to insure under Section 10.4 below based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.. 760812.06/WLA375983-00004/11-2-16/ejs/ejs 27 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.]

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk, provided however, that the foregoing shall not limit Landlord’s obligations as expressly stated in this Lease. The Except as expressly provided in this Lease but subject to the limitations in Section 9.3 of this Lease and the waiver of subrogation set forth in Section 8.13 of this Lease, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building Building, the Site and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises Premises, the Building, the Property or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building Office Park or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Fleetmatics Group PLC)

Tenant’s Risk. Tenant agrees to that its use and occupy occupancy of the Premises, Premises and to its use of such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease shall be at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the negligence or the Projectwillful misconduct of Landlord or Landlord's agents, employees, or contractors. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefortherefore unless due to the negligence or willful misconduct of Landlord, Landlord's agents, or its employees. The Landlord Parties shall not be responsible or liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. Tenant shall carry "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of Landlord. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Repligen Corp)

Tenant’s Risk. Except for claims arising from the negligent or willful and wrongful act or omission of Landlord or its agents, employees or contractors, and without in any way limiting Landlord's repair and maintenance obligations under this Lease, Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons (other than any Landlord Party) occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 8.2 shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Care.com Inc)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The To the fullest extent permitted by law, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Inotek Pharmaceuticals Corp)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Property as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants or occupants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectProperty, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectProperty, or from drains, pipes or plumbing fixtures in the Building or the ProjectProperty, except if due to the intentional misconduct or negligence of any Landlord Party and so long as Landlord complies with its obligations under this Lease. Any goodsleasehold improvements, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefortherefor except if due to the intentional misconduct or negligence of any Landlord Party. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability otherwise except if due to the extent arising from intentional misconduct or negligence of any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s businessParty. The provisions of this Section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Termlease term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. The foregoing, however, shall not relieve Landlord of any of its obligations hereunder, including, without limitation, Landlord’s maintenance, repair, and replacement obligations hereunder.

Appears in 1 contract

Samples: Indenture of Lease (Keros Therapeutics, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, compensation or claim to or destruction of any of Tenant’s property (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) ), based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesParties; provided, however, in no event shall the Landlord Parties have any liability liability, to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building. Nothing in this Section shall be deemed to affect Tenant’s rights under Section 4.2(B) of this Lease subject, however, to the limitations set forth in Sections 5.8, 8.4 and this Section 5.7.1.

Appears in 1 contract

Samples: Hayden Avenue (Amag Pharmaceuticals Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to ------------- use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s Tenant's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord's agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord's insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s 's business. The provisions Tenant shall carry "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of this Section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the BuildingLandlord.

Appears in 1 contract

Samples: Lease (PSW Technologies Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Except to the extent caused by the negligence or willful misconduct of the Landlord Parties, the Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Agreement (Dynatrace Holdings LLC)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Office Park as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectOffice Park, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, any cyber attack affecting the Building, systems or any computer systems in the Premises, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectOffice Park, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectOffice Park, or from drains, pipes or plumbing fixtures in the Building or the ProjectOffice Park. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant may use or be in occupancy of anyone acting by, through or under Tenant uses, occupies any part of of, or accesses the Premises or of the Building.

Appears in 1 contract

Samples: TScan Therapeutics, Inc.

Tenant’s Risk. Except as expressly set forth in this Lease, Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as [535 Mission Street] Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties foregoing waiver and release shall not be released from liability for apply to the extent of any injury, loss, damages or liability to caused by the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesParties; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

Tenant’s Risk. Tenant To the maximum extent this agreement may be made effective according to law, Xxxxxx agrees to use and occupy the Premises, Premises and to use such other portions of the Building Property and the Project Office Park as Tenant is herein given the right to use at Tenant's own risk; and Landlord shall have no responsibility or liability for any loss of or damage to Tenant's Removable Property or for any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is permitted by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensationLease, or claim (includingrequired by law, but not limited to, claims for the interruption of to make in or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or other sections of the Building Property, or the Project, any fire, robbery, theft, mysterious disappearanceOffice Park, or any other crime in or casualtyto the fixtures, equipment or appurtenances thereof; provided, however, (i) Landlord and its agents, employees and contractors shall not materially interfere with Tenant's use of, and business operations at, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyPremises, and neither the (ii) Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from have responsibility and liability for any injury, such loss, damages damage, inconvenience, annoyance, interruption or liability to the extent injury arising from any gross out of negligence or willful misconduct of the Landlord Parties on or about the Premises; providedits employees, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to agents or interruption in the operation of Tenant’s businesscontractors. The provisions of this Section shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease Termnegligence or willful misconduct of Tenant or Tenant's agents or employees or independent contractors and, in either case, occurring after the date of this Lease, until the end of the Term of this Lease, and during such further period for so long thereafter as Tenant may use or be in occupancy of any part of occupy the Premises or of any part thereof. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in, or in connection with, any such claim or proceeding brought thereon, and the Buildingdefense thereof, including, without limitation, reasonable attorneys' fees, at both the trial and appellate levels.

Appears in 1 contract

Samples: Mangosoft Inc

Tenant’s Risk. Tenant agrees to use and occupy the Premises, Premises and to use such other portions of the Building and the Project Property as Tenant is herein given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties Tenant, its employees, agents, invitees or contractors for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant PartyTenant’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectProperty, any fire, robbery, theft, mysterious disappearance, or disappearance and/or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectBuilding, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectBuilding, or from drains, pipes or plumbing fixtures in the Building Building, unless due to the gross negligence or the Projectwillful misconduct of Landlord or Landlord’s agents, contractors or employees. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant PartyTenant, and neither the Landlord Parties nor their Landlord’s insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or ACTIVE/91437610.6 liable to a Tenant PartyTenant, or to those claiming by, through or under a Tenant PartyTenant, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building Property or otherwise. Notwithstanding the foregoing, and to the extent permitted by Law, Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of Landlord, its servants, employees or agents acting within the Landlord Parties scope of their authority on or about the Premises; provided, however, that in no event shall the Landlord Parties Landlord, its servants, employees or agents have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section 10.3 shall be applicable from and after the execution of this Lease and until the expiration or earlier termination end of the Lease TermTerm of this Lease, and during such further any additional period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Lease (Proteostasis Therapeutics, Inc.)

Tenant’s Risk. Tenant Xxxxxx agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Development Area as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectDevelopment Area, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectDevelopment Area, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectDevelopment Area, or from drains, pipes or plumbing fixtures in the Building or the ProjectDevelopment Area, but the foregoing exculpation from liability shall not apply in the case of the negligent act or omission or willful misconduct of any Landlord Party. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s 's own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s 's business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, any cyber attack affecting the Building systems or any computer systems in the Premises or the Building, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant PartyPaiiy, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further fmiher period as any of Tenant's Property remains in the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (Forge Global Holdings, Inc.)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project Complex as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the ProjectComplex, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the ProjectComplex, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the ProjectComplex, or from drains, pipes or plumbing fixtures in the Building or the ProjectComplex. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through 90 Xxxxxxxx Xxxxxx\Leases\T2 Biosystems(B) the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the PremisesParties; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable to the fullest extent permitted by law, and until the expiration or earlier termination of the Lease Term, and during such further period as any of Tenant’s Property remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use or use, be in occupancy of any part of of, or have access to the Premises or of the Building.

Appears in 1 contract

Samples: T2 Biosystems, Inc.

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross active negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the expiration or earlier termination of the Lease Term, and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (COUPONS.com Inc)

Tenant’s Risk. Tenant agrees to use and occupy the Premises, and to use such other portions of the Building and the Project as Tenant is given the right to use by this Lease at Tenant’s own risk. The Landlord Parties shall not be liable to the Tenant Parties for any damage, injury, loss, compensation, or claim (including, but not limited to, claims for the interruption of or loss to a Tenant Party’s business) based on, arising out of or resulting from any cause whatsoever, including, but not limited to, repairs to any portion of the Premises or the Building or the Project, any fire, robbery, theft, mysterious disappearance, or any other crime or casualty, the actions of any other tenants of the Building or of any other person or persons, or any leakage in any part or portion of the Premises or the Building or the Project, or from water, rain or snow that may leak into, or flow from any part of the Premises or the Building or the Project, or from drains, pipes or plumbing fixtures in the Building or the Project. Any goods, property or personal effects stored or placed in or about the Premises shall be at the sole risk of the Tenant Party, and, except to the extent damage is caused by the gross negligence or willful misconduct of any of the Landlord Parties (and subject to Section 10.13 below), neither the Landlord Parties nor their insurers shall in any manner be held responsible therefor. The Landlord Parties shall not be responsible or liable to a Tenant Party, or to those claiming by, through or under a Tenant Party, for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Premises or any part of the Building or otherwise. Notwithstanding the foregoing, the Landlord Parties shall not be released from liability for any injury, loss, damages or liability to the extent arising from any gross negligence or willful misconduct of the Landlord Parties on or about the Premises; provided, however, in no event shall the Landlord Parties have any liability to a Tenant Party based on any loss with respect to or interruption in the operation of Tenant’s business. The provisions of this Section section shall be applicable until the (26) Mountain View Research ParkNeuropace, Inc. expiration or earlier termination of the Lease Term, Term and during such further period as Tenant may use or be in occupancy of any part of the Premises or of the Building.

Appears in 1 contract

Samples: Office Lease (NeuroPace Inc)

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