Common use of Waiver of Certain Claims Indemnity by Tenant Clause in Contracts

Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros releases Landlord and its beneficiaries, and the employees, from and waives all claims for damage sustained by the Tenant or by any occupant Building, or by any other person, resulting dire fire or other casualty, cause, or any existing defect, matter, or thing in or about the Premise part of it, or from any equipment or appurtenant accident in or about the Building, or from any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

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Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros prohibited by law, Tenant releases Landlord and its beneficiaries, and the their agents, servants, and employees, from and waives all claims for damage damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other person, resulting dire directly or indirectly from fire or other casualty, cause, or any existing or future condition, defect, matter, or thing in or about the Premise Premises, the Building or any part of it, or from any equipment or appurtenant appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts acts' specifically enumerated above, or from any other thing or circumstance, whether of a like alike nature or of a wholly different nature. If any damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, herein all personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles.

Appears in 2 contracts

Samples: Lease (Hewitt Associates Inc), Lease (Hewitt Holdings LLC)

Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros permitted by law at the time that any subsequent claim is brought, Tenant releases Landlord and Landlord, its beneficiaries, the managing agent of the Real Property, and the their respective officers, directors, agents, partners and employees, from and waives all claims for damage damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other person, resulting dire directly or indirectly from fire or other casualty, cause, or any cause or any existing or future condition, defect, matter, matter or thing in or about the Premise Premises, the Building or any part of itthereof, or from any equipment or appurtenant appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person, provided that the foregoing is not due, in whole or in part, to Landlord's negligence or willful misconduct. This Section 14(a) shall not operate as a Said release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 and waiver shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, odor or noise, or the bursting or leaking of any pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices devises or equipment, or the flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the building Building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwiseBuilding, results directly from any negligent intentional act or wrongful acts neglect of Tenant, subject to the Tenantwaiver of subrogation provisions set forth in paragraph 21 hereof, its employees, agents, licensees, invitees or inviteescontractors, Tenant shall be liable therefor and Landlord may, may at its option, option repair such damage and Tenant shall upon demand by Landlord reimburse Landlord Landlord, such reimbursement being paid as Additional Rent, for all reasonable direct and actual costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all All personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only only, and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles.

Appears in 1 contract

Samples: Participate Com Inc

Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros releases permitted by law, Tenant waives all claims it may have against Landlord and its members, managers, officers, agents, and employees, beneficiaries, and their agents, servants, and employees (collectively, the employees, from and waives all claims "Landlord Parties") for loss or damage to business or property sustained by the Tenant or by any occupant Building, or by any other person, resulting dire fire or other casualty, cause, person resulting from the Premises or the Real Property or any existing defect, matter, or thing in or about the Premise part of it, said Premises or Real Property becoming out of repair or resulting from any equipment accident within or appurtenant accident in adjacent to the Premises or about the Building, Real Property or resulting directly or indirectly from any tenant act or other omission of Landlord or any occupant of the Building Premises or Real Property or any part thereof other person while on the Premises or the Real Property, regardless of cause or origin and regardless of whether the negligence of Landlord caused such loss in whole or in part, except that in respect of loss or damage to property, such waiver will be limited to the extent such claim is or would be covered by any insurance that Tenant is required to carry under Section 21(b)(i) to carry. The waiver in this grammatical paragraph will also apply as to the amount of any deductible, self-insured retention or self-insurance under Tenant's insurance. Particularly, but not in limitation of the foregoing sentence, all property belonging to Tenant or any occupant of the Premises that is in the Real Property or the Premises will be there at the risk of Tenant or other person. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of person only, and Landlord or its agent agents or employees. This Section 14 shall apply especiallyemployees will not be liable for loss or damage to or theft of or misappropriation of such property, but not exclusivelynor for any loss or damage to property or business resulting from fire, to damage caused by waterexplosion, flooding of basements or other subsurface areas, falling plaster, steam, gas, electricity, snow, frostwater or rain which may leak from any part of the Real Property or from the pipes, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes appliances or plumbing fixturesworks therein or from the roof, broken glass, sprinkling street or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, subsurface or from any other thing place or circumstanceresulting from dampness or any other cause whatsoever, whether of a like nature or of a wholly different nature. If nor for any damage to latent defect in the Premises or in the building Real Property, except that in respect of property loss or damage such waiver will be limited to the extent that such claim is or would be covered by any equipment or appurtenance therein, whether belonging insurance that Tenant is required under Section 21(b)(i) to carry. Tenant will give prompt notice to Landlord in case of fire or to other tenants accidents in the Premises or occupants in the Real Property or of defects therein or in the Building fixtures or otherwiseequipment. Additionally, results from Tenant waives any negligent or wrongful acts of the Tenantclaim it may have against Landlord for any loss, its employeesclaim, agentsdamage, or inviteesinjury, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand to the extent is caused by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damagesa terrorist act. Except as otherwise provided herein, all All personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only and Landlord shall not be liable for loss or damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles. To the extent permitted by law, Landlord waives all claims it may have against Tenant, its agents or employees for damage to the Real Property resulting directly or indirectly from any act or omission of Tenant, to the extent that such claim is covered by any property insurance which Landlord is required under Section 21(e) to carry on the Building. Landlord will include in any property insurance policy which Landlord may carry on the Building, to the extent permitted by law, a waiver of subrogation against Tenant. Tenant acknowledges that Landlord shall not carry insurance on, and shall not be responsible for damage to, or loss or theft of, any property of any Tenant Party located in or about the Real Property.

Appears in 1 contract

Samples: Office Lease (Zebra Technologies Corp)

Waiver of Certain Claims Indemnity by Tenant. (a) To Except with respect to matters which result from the extent not expressly pros negligence of Landlord and its beneficiaries, and their employees and agents, Tenant releases Landlord and its beneficiaries, and the their respective officers, directors, agents, servants and employees, from in respect of and waives all claims they shall not be liable for injury to person or damage to property sustained by the Tenant or by any occupant Buildingof the Premises or the Property, or by any other person, occurring in or about the Property resulting dire directly or indirectly from fire or other casualty, cause, cause or any existing or future condition, defect, matter, matter or thing in or about the Premise Premises, the Property or any part of it, or from any equipment or appurtenant appurtenance therein, or from any accident in or about the BuildingProperty, or from any occurrence, act, negligence or omission of any tenant or other occupant of the Building Property or any part thereof or of any other person. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 16 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to equally whether any such damage results from the person whose act or neglect was responsible for omission of other tenants, occupants or servants of the damage Property or of any other person and whether the such damage was due to any of the acts specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the building Property or any equipment or an appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building Property, or otherwiseto the tenants thereof, results from any negligent act or wrongful acts omission or negligence of the Tenant, its employees, agents, agents or invitees, Tenant shall be liable therefor and Landlord may, may at its option, option repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all All personal property belonging to the its agents, employees or invitees, or to Tenant or to any occupant of the Premises that is in the Building or the Premises Premises, shall be there at the risk of the Tenant or other person only only, and Landlord shall not be liable for damage thereto or theft theft, misappropriation or misappropriation loss thereof. All vehicles parked in Except with respect to matters which result from the Building's garage or in the parking lots shall be parked at the sole risk negligence of the ownerLandlord and its beneficiaries and their employees and agents, Tenant agrees to protect, defend and hold Landlord and its beneficiaries, and Landlord assumes no responsibility their agents, servants and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorneys' fees, for any injuries to all persons and damage to or loss about the Premises arising from Tenant's occupancy of vehiclesthe Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease or due to any other act or omission of the Tenant, its agents or employees or invitees.

Appears in 1 contract

Samples: Universal Access Inc

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Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros prohibited by law, Tenant releases Landlord and its beneficiaries, and the their agents, servants, and employees, from and waives all claims for damage damages to person or property sustained by the Tenant or by any occupant of the Premises or the Building, or by any other person, resulting dire directly or indirectly from fire or other casualty, cause, or any existing or future condition, defect, matter, or thing in or about the Premise Premises, the Building or any part of it, or from any equipment or appurtenant appurtenance therein, or from any accident in or about the Building, or from any act or neglect of any tenant or other occupant of the Building or any part thereof or of any other person. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, odors, or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Premises or the building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all All personal property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to or loss of vehicles.

Appears in 1 contract

Samples: Sublease Agreement (Biosante Pharmaceuticals Inc)

Waiver of Certain Claims Indemnity by Tenant. (a) To the extent not expressly pros prohibited by law, Tenant releases Landlord Landlord, and its beneficiariespartners, members, shareholders, officers, directors, agents, servants and the employees, from from, and waives all claims for damage as against such persons for, damages to person or property sustained by the Tenant or by any occupant Building, of the Premises or by any other person, resulting dire directly or indirectly from fire or other casualty, cause, or any existing or future condition, defect, matter, matter or thing in or about the Premise Premises or any part of it, or from any equipment or appurtenant appurtenance therein, or from any accident in or about the BuildingPremises, or from any act or neglect of any tenant or other occupant of the Building Premises or any part thereof or of any other person, including Landlord's agents and servants. This Section 14(a) shall not operate as a release of Landlord from liability for the negligent or intentionally wrongful conduct of Landlord or its agent or employees. This Section 14 15.1 shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, seweragesewage, gas, odors, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, broken glass, sprinkling or air conditioning devices or equipment, or flooding of basements, and to any damage to automobiles parked in the garage in the Building or outside the Building and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the acts specifically enumerated above, above or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If Further, in no event shall Landlord nor any damage partner, member, shareholder, director, officer, agent, servant or employee of Landlord be liable to the Premises or the building Tenant or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants or occupants of the Building or otherwise, results from any negligent or wrongful acts of the Tenant, its employees, agents, or invitees, Tenant shall be liable therefor and Landlord may, at its option, repair such damage and Tenant shall upon demand by Landlord reimburse Landlord for all reasonable costs of such repairs and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. Except as otherwise provided herein, all personal property belonging to the Tenant subtenants or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or to any other person only and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. All vehicles parked in the Building's garage or in the parking lots shall be parked at the sole risk of the owner, and Landlord assumes no responsibility for any damage to indirect, consequential or punitive damages, including loss of vehiclesprofits. Nothing contained in this Lease shall relieve Landlord of liability for actual damages incurred by Tenant to the extent caused by the negligence or willful misconduct of Landlord or its employees, officers or agents (other than any liability that has been waived by Tenant pursuant to its waiver of subrogation set forth in Section 22.1).

Appears in 1 contract

Samples: Hardie James Industries Nv

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