Tenant’s Waiver. Tenant agrees, to the extent not expressly prohibited by law, that Landlord, its agents, employees and servants shall not be liable, and Tenant waives all claims for damage to property and business sustained during the term of this Lease by Tenant occurring in or about the Facility, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the Facility, or any part thereof, or from equipment or appurtenances becoming out of repair or from accident, or from any occurrence or act or omission of Landlord, its agents, employees or servants, or any tenant or occupant of the Building or any other person unless caused by the negligence or intentional act of Landlord, its agents or employees. This paragraph shall apply especially, but not exclusively, to damage caused as aforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally, whether any such damage results from the act or omission of other tenants or occupants in the Facility or any other persons, and whether such damage be caused by or result from any of the aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature.
Appears in 4 contracts
Samples: First (SoftBrands, Inc.), Lease Meridian Crossings (BMC Industries Inc/Mn/), Fourth Shift Corp
Tenant’s Waiver. Except to the extent covered by Landlord's indemnity in Section 6.5 above, Tenant agrees, to the extent not expressly prohibited by law, that Landlord, its agents, employees and servants shall not be liable, and Tenant waives all claims for damage to property and business sustained during the term of this Lease by Tenant occurring in or about the FacilityOffice Complex, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the FacilityOffice Complex, or any part thereof, or from equipment or appurtenances becoming out of repair or from accident, or from any occurrence or act or omission of Landlord, its agents, employees or servants, or any tenant or occupant of the Building or any other person unless caused by the negligence or intentional act of Landlord, its agents or employeesperson. This paragraph shall apply especially, especially but not exclusively, to damage caused as by aforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally, whether any such damage results from the act or omission of other tenants or occupants in the Facility Office Complex or any other persons, and whether such damage be caused by or result from any of the aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature.
Appears in 2 contracts
Samples: Deed of Lease (Coherent Communications Systems Corp), Stanford Telecommunications Inc
Tenant’s Waiver. Tenant agrees, to To the extent not expressly prohibited by lawapplicable Laws, Tenant agrees that Landlord, Landlord's lenders, its agents, employees and servants servants, shall not be liable, liable for and Tenant expressly waives all claims Claims for damage to to, Tenant's property and or business sustained during the term of this Lease by Tenant occurring in or about the Facility, Term resulting directly or indirectly from (a) any existing or future condition, defect, matter or thing in the Premises, the Facility, Property or any part thereof, or (b) from any equipment or appurtenances becoming out of repair or from accidentrepair, or from (c) any occurrence or occurrence, act or omission of Landlord, its agents, employees or servants, or any other tenant or occupant of the Building or any other person unless caused by the negligence or intentional act of Landlord, its agents or employeesperson. This paragraph shall apply especially, especially but not exclusively, to damage caused as aforesaid or by the flooding of basements or other subsurface areas, or areas and by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noiseodors, noise or the bursting or leaking of pipes or plumbing fixtures, fixtures and shall apply equally, regardless whether any such damage results from form an Act of God, the act or omission of other tenants or occupants in of the Facility Property or any other persons, and whether such damage be caused by or result from any of the aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature.
Appears in 1 contract
Samples: Lease Agreement (Primis Inc)
Tenant’s Waiver. Tenant agrees, to the extent not expressly prohibited by law, that Landlord, its agents, contractors, employees and servants shall not be liable, and Tenant waives all claims for damage to property and business sustained during the term Term of this Lease by Tenant occurring in or about the Facility, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the Facility, or any part thereof, or from equipment or appurtenances becoming out of repair or from accident, or from any occurrence or act or omission of Landlord, its agents, contractors, employees or servants, or any tenant or occupant of the Building or any other person unless person. This Subsection shall not apply to matters caused by the wrongful acts or negligence of Landlord or intentional act of Landlordits agents, its agents or employees, contractors and servants. This paragraph Subsection shall apply especially, but not exclusively, to damage caused as aforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally, whether any such damage results from the act or omission of other tenants or occupants in the Facility or any other personspersons (other than Landlord), and whether such damage be caused by or result from any of the aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature.
Appears in 1 contract
Samples: Lease (SBS Technologies Inc)
Tenant’s Waiver. Tenant agrees, to the extent not expressly prohibited by law, that Landlord, its agents, employees and servants shall will not be liable, and Tenant waives all claims for damage to property property, and business sustained during the term of this Lease Term by Tenant occurring in or about the FacilityOffice Complex, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the FacilityOffice Complex, or any part thereof, or from equipment or appurtenances becoming out of repair or from accident, or from any occurrence or act or omission of Landlord, its agents, employees or servants, or any tenant or occupant of the Building or any other person unless caused by the negligence or intentional act of Landlord, its agents or employeesperson. This paragraph shall Section 6.6 will apply especially, especially but not exclusively, to damage caused as by aforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall will apply equally, whether any such damage results from the act or omission of other tenants or occupants in the Facility Office Complex or any other persons, and whether such damage be caused by or result from any of the aforesaid, or shall will be caused by or result from other circumstances of a similar or dissimilar nature.
Appears in 1 contract
Samples: Vitria Technology Inc