Common use of Tenant’s Waivers Clause in Contracts

Tenant’s Waivers. Except to the extent caused by the willful or active negligent act or omission or breach of this Lease by Landlord or anyone for whom Landlord is legally responsible, notwithstanding anything in this Lease to the contrary, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance for any loss, injury or damage suffered by Tenant or others relating to (a) loss or theft of, or damage to, property of Tenant or others; (b) injury or damage to persons or property from any cause, including, without limitation, fire, explosion, falling plaster, escaping steam or gas, electricity, water, rain or snow, or leaks from any part of the Building or from any pipes, appliances or plumbing, or from dampness; or (c) damage caused by other tenants, occupants or persons in the Premises or other premises in the Building, or caused by the public or by construction of any private or public work. In addition and without limiting the foregoing, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible to Tenant for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance to the extent any loss, injury or damage is insured or required to be insured by Tenant under Sections 11.2(b) or (c), EXCLUDING ANY DEDUCTIBLE THEREUNDER (NOT TO EXCEED $10,000), REGARDLESS OF WHETHER SUCH LOSS, INJURY OR DAMAGE IS ATTRIBUTABLE IN WHOLE OR IN PART TO THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY OF ITS AFFILIATES. Tenant’s waivers under this Section 13.2 will survive the expiration or early termination of the Term.

Appears in 2 contracts

Samples: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)

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Tenant’s Waivers. Except to the extent caused by the willful or active negligent act or omission or breach of this Lease by Landlord or anyone for whom Landlord is legally responsible, notwithstanding anything in this Lease to the contrary, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance for any loss, injury or damage suffered by Tenant or others relating to (a) loss or theft of, or damage to, property of Tenant or others; (b) injury or damage to persons or property resulting from any cause, including, without limitation, fire, explosion, falling plaster, escaping steam or gas, electricity, water, rain or snow, or leaks from any part of the Building or from any pipes, appliances or plumbing, or from dampness; or (c) damage caused by other tenants, occupants or persons in the Premises or other premises in the Building, or caused by the public or by construction of any private or public work. In addition and without limiting the foregoing, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible to Tenant for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance to the extent for, any loss, injury or damage that is insured or required to be insured by Tenant under Sections 11.2(b) or (c), EXCLUDING ANY DEDUCTIBLE THEREUNDER (NOT TO EXCEED $10,000)so long as such loss, REGARDLESS OF WHETHER SUCH LOSS, INJURY OR DAMAGE IS ATTRIBUTABLE IN WHOLE OR IN PART TO THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY OF ITS AFFILIATESinjury or damage results from or in connection with this Lease or Landlord's operation of the Building. Tenant’s 's waivers under this Section 13.2 will survive the expiration or early termination of the Term.

Appears in 2 contracts

Samples: Office Lease Agreement (CDW Computer Centers Inc), Lease Agreement (Matria Healthcare Inc)

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Tenant’s Waivers. Except to the extent caused by the willful or active negligent act or omission or breach of this Lease by Landlord or anyone for whom Landlord is legally responsible, notwithstanding anything in this Lease to the contrary, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance for any loss, injury or damage suffered by Tenant or others (to the extent not prohibited by applicable laws) relating to (a) loss or theft of, or damage to, property of Tenant or othersothers (to the extent not prohibited by applicable laws); (b) injury or damage to persons or property resulting from any cause, including, without limitation, fire, explosion, falling plaster, escaping steam or gas, electricity, water, rain or snow, or leaks from any part of the Building or from any pipespipers, appliances or plumbing, or from dampness; or (c) damage caused by other tenants, occupants or persons in the Premises or other premises in the Building, or caused by the public or by construction of any private or public work. In addition and without limiting the foregoing, Landlord, its Affiliates and the holder of any Encumbrance will not be liable or in any way responsible to Tenant for, and Tenant waives all claims against Landlord, its Affiliates and the holder of any Encumbrance to the extent for, any loss, 20 32 injury or damage that is insured or required to be insured by Tenant under Sections 11.2(b) or (c), EXCLUDING ANY DEDUCTIBLE THEREUNDER (NOT TO EXCEED $10,000)so long as such loss, REGARDLESS OF WHETHER SUCH LOSS, INJURY OR DAMAGE IS ATTRIBUTABLE IN WHOLE OR IN PART TO THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY OF ITS AFFILIATESinjury or damage results from or in connection with this Lease or Landlord's operation of the Building. Tenant’s waivers Tenaxx'x xaivers under this Section 13.2 will survive the expiration or early termination of the Term.

Appears in 1 contract

Samples: Lease Agreement (Odyssey Re Holdings Corp)

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