Waiver of Damage. Permittee hereby expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency or impairments of any of the services in or to the Assigned Space or the Airport, including, but not limited to, electrical power, gas, telephone service, steam, heating, air conditioning, water supply, drainage or sewage systems, or from wires leading to or inside of any space or structure, or by reason of any loss resulting from the failure of any such system or facility unless such loss or damage is due solely to the willful misconduct of Port or its officers, agents or employees. It is understood that Permittee shall take such steps as Permittee may consider necessary to protect Permittee’s Trade Equipment from any damage that may be caused to such equipment in the event of any failure or interruption of such utility service. Whenever the Port shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, it shall have the right to suspend temporarily the delivery of gas, electricity, water or other utility service, or any thereof, but in all such cases (except in the event of an emergency) reasonable notice of such suspension will be given to Permittee. Permittee releases the Port from any present or future liability whatsoever and covenants not to xxx the Port for damages or any other relief based directly or indirectly upon noise, light, vibrations, smoke, air currents, electronic or other emissions or flight (including overflight of the Assigned Space) occurring as a result of aviation or airport or airport related operations at or otherwise associated with the Airport, said release and covenant to include, but not be limited to claims (known or unknown) for damages for physical or emotional injuries, discomfort, inconvenience, property damage, death, interference with use and enjoyment of property, nuisance, or inverse condemnation or for injunctive or other extraordinary or equitable relief. It is further agreed that the Port shall have no duty to avoid or mitigate such damages by, without limitation, setting aside or condemning buffer lands, rerouting air traffic, erecting sound or other barriers, establishing curfews, noise or other regulations, relocating airport facilities or operations or taking other measures, except to the extent, if any, that such actions are validly required by governmental auth...
Waiver of Damage. Unless caused by the gross negligence or willful misconduct of Lessor or its contractors, agents or employees, Lessee hereby waives and releases Lessor from any and all claims for damage arising or resulting from failures or interruptions of utility services including but not limited to electricity, gas, water, plumbing, sewage, telephone, communications, heat, ventilation, or for the failure or interruption of any public or passenger conveniences for facilities.
Waiver of Damage. In no event shall any party be liable to any other party for punitive, exemplary, special, incidental or consequential damages or the like, including damages for loss of revenue, loss of profits, business interruption, cost of capital or loss of business reputation or opportunity, relating to any claim arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort, strict liability or any other legal or equitable principle, other than indemnification of amounts paid or payable to third parties in respect of any third party claim for which indemnification is required hereunder.
Waiver of Damage. 11. Lessee hereby expressly releases Lessor from any and all liability for loss or damage to Lessee, or to any property of Lessee, caused by water leakage, breaking of pipes, theft, vandalism, natural disaster, fire, ice, snow, or any other cause beyond the reasonable control of Lessor. Lessee is required to carry RENTERS INSURANCE. Hold Harmless Clause
Waiver of Damage. The Lessor shall not be liable for any damage or injury to any property or person (including death) resulting from steam, gas, electricity, water, rain or snow which may flow or leak from any part of the demised premises or the entire premises of which they are a part, or from any pipes, appliances or plumbing works of the same, or from the street or subsurface, or from any other place, or from interference with light or other incorporeal hereditaments or easements, or by reason of the break or leakage or obstruction of the water or soil pipes, or any other leakage in or about said premises, however caused, except if due to the affirmative acts of the Lessor; nor for any damage or injury which may be sustained as a result of the carelessness, negligence or improper conduct on the part of the Lessee, or any other tenant, their agents, servants or employees.
Waiver of Damage. SPORTS ORGANIZATION hereby expressly waives any and all claims by reason of any defect, deficiency or impurity of the water supply system, drainage, or heating systems, steam pipes, or electrical wires and associated electrical items leading to the concession facilities, or by reason of any loss resulting from failure of any water supply system, heat or current which may occur from time to time from any cause, and for any loss or claim resulting from any act of God. SPORTS ORGANIZATION hereby expressly releases and discharges CITY and its agents from any and all demands, claims, action and causes of actions resulting from any of the causes aforesaid. SPORTS ORGANIZATION shall and hereby does release CITY from all liability for the loss or damage of merchandise, goods, equipment or any other property of whatsoever kind of SPORTS ORGANIZATION or any of its suppliers caused by fire, theft, water, storm, windstorm, tornado, hurricane, vandalism or any other causes whatsoever.
Waiver of Damage. Permittee hereby expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency or impairments of any of the services in or to the Assigned Space or the Airport, including, but not limited to, electrical power, gas, telephone service, steam, heating, air conditioning, water supply, drainage or sewage systems, or from wires leading to or inside of any space or structure, or by reason of any loss resulting from the failure of any such system or facility unless such loss or damage is due to the willful misconduct of Port or its officers, agents or employees. It is understood that Permittee shall take such steps as Permittee may consider necessary to protect Permittee’s Trade Equipment from any damage that may be caused to such equipment in the event of failure or interruption of any such utility services. Whenever the Port shall find it necessary for the purpose of making repairs or improvements to any utility supply system it shall maintain, it shall have the right to suspend temporarily the delivery of gas, electricity, water or other utility service, or any thereof, but in all such cases (except in the event of an emergency) reasonable notice of such suspension will be given to Permittee. The Port and its Board of Port Commissioners and its officers, employees and agents shall not be liable to Permittee or to any third party claiming through Permittee for any loss of business or any indirect, incidental, special or consequential damages or lost profits arising out of or relating to this Permit or the operation of Permittee at the Airport or for any other cause.
Waiver of Damage. Lessor shall not be responsible for, nor liable to, Lessee for any damage to the Leased Premises or to the Building in which the Leased Premises are situated nor for any delay in repairing or rebuilding or inability to repair or rebuild nor any other cause whatsoever beyond Lessor's control. All property of the Lessee and all property kept stored or maintained in or upon the Leased Premises, adjacent sidewalks, loading platform or other Common Areas shall be at the sole risk of the Lessee.
Waiver of Damage. The Lessor shall not be liable for any damage or injury to any property or person at any time on said Premises resulting from electricity, water, rain, snow, ice or gas, which may leak, flow or form on any part of the building housing the leased Premises or from any other cause, or for any damage or injury which may be sustained as a result of carelessness, negligence or improper conduct on the part of any other tenant, its agents, customers, or employees, or by reason of the break, leakage or obstruction of the water or soil pipes or sprinklers or by any other leakage in or about said building, provided not due to Lessor's negligence, acts of omission, willful misconduct or intentional acts.
Waiver of Damage. Airline hereby expressly waives and releases City from any and all claims for damage arising or resulting from failures or interruptions of utility services furnished by City or others hereunder, including but not limited to electricity, gas, water, plumbing, sewage, telephone, communications, heat, forced air ventilation, or for the failure or interruption of any public or passenger conveniences or facilities, such as elevators, escalators, dumbwaiters and the like, provided however that such failures or interruptions were not occasioned by City’s fault or neglect or that of its employees, agents, contractors, subcontractors or other entities under City’s control or for which City is responsible. In any event, City shall restore promptly such services when the cause of such failure or interruption has been removed. – Recycling Program City shall have the right, but not the obligation, to establish a recycling program, including contracting with a third party service provider to provide recycling services at no cost to Airline or the Signatory Airlines’ operations and maintenance third party provider. In the event City exercises this right, it shall provide the Signatory Airlines with sufficient notice, in no case fewer than thirty (30) days, to cancel any third party recycling service provider contracts with the Signatory Airlines or the operations and maintenance third party provider. City shall consult with Airline regarding the extent of the proposed recycling program, appropriate management of the recycling program and the effects of the program on the customer experience within the CPTC. – Policy
