Common use of Waiver of Liability Clause in Contracts

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of the Indemnitees. Subject to the foregoing, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair.

Appears in 2 contracts

Samples: Lease (ChromaDex Corp.), Lease (Cereplast Inc)

AutoNDA by SimpleDocs

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall not be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees Landlord with respect to or arising out of (a) to, any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemniteeswhatsoever; or (b) for any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; , except to the extent that, in either event, such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of Landlord, its employees or agents. Without limiting the Indemnitees. Subject to the foregoing, none generality of the Indemnitees waiver of liability contained in this Section, Landlord shall not be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft fire or breakage, theft; by breakage of any sprinkler, drainage or plumbing systems, ; by failure for any cause to supply adequate drainage, ; by the interruption of any public utility or other service, ; by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, ; by natural occurrenceacts of God or the elements, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through ; by repair, maintenance or alteration of any part of the BuildingBuilding or the Project (including any repair, maintenance or work of construction performed by Tenant), or by anything done or omitted to be done by any tenant, occupant or person in the Building. In additionBuilding or the Project, none except to the extent that any of the Indemnitees foregoing shall be caused by the gross negligence or willful misconduct of Landlord, its employees or agents. Notwithstanding the foregoing, in no event shall Landlord be liable or responsible in any way for any loss of business by Xxxxxx, lost profits of Tenant or damage for which any other consequential damages of Tenant is required to insureor its employees, nor for agents, customers, licensees, invitees, guests or any loss or damage resulting from any constructionother person, alterations or repairregardless of the cause therefor.

Appears in 2 contracts

Samples: Interwave Communications International LTD, Interwave Communications International LTD

Waiver of Liability. Neither Landlord nor any of its Indemnitees the Parties (as hereinafter defined) nor any Superior Lessor (as hereinafter defined) or mortgagee of any Mortgage (collectively the "Indemnitees") shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury whatsoever, or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) for any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered person other than by insurance carried (or required to be carried) by Tenant and is caused by reason of the gross negligence or willful misconduct of the Indemnitees, their employees or agents. Subject to Without limiting the generality of the foregoing, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In additionNeither Landlord's Agent nor any partners comprising Landlord, none nor any shareholders, directors or officers of Landlord or Landlord's Agent (collectively the Indemnitees "Parties") shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any loss damages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to Landlord's interest in the Building and Tenant shall not look to the property or damage assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for which Tenant is required Landlord's failure to insure, nor for any loss or damage resulting from any construction, alterations or repairperform such obligations.

Appears in 1 contract

Samples: Office Lease (West Bancorporation Inc)

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of the Indemnitees. Subject to the foregoing, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair, provided that such loss or damage is not caused by the gross negligence or willful misconduct of any such Indemnitee.

Appears in 1 contract

Samples: Lease (Catasys, Inc.)

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, invitee or agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by or arising from the gross negligence or willful misconduct of the Indemnitees; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, licensees or invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by or arises from the gross negligence or willful misconduct of the Indemnitees. Subject to the foregoingforegoing and the terms of Section 11.2, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building; provided, however, that the Indemnitees shall be liable for property damage and personal injury resulting from the negligence or willful misconduct of the Indemnitees. In addition, subject to the terms of Section 11.2, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair, unless any such loss or damage is caused by or arises from the negligence or willful misconduct of the Indemnitees.

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

Waiver of Liability. Neither Landlord nor any of its Indemnitees the Landlord Parties nor any Superior Lessor (as hereinafter defined) (collectively, the “Indemnitees”) shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) of: any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant Parties or any other person, from any causes whatsoever (except to the extent such injury or death is caused by the willful misconduct or gross negligence or willful misconduct of the Indemniteesan Indemnitee); or (b) for any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests the Tenant Parties or any other person; except to the extent , unless such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused solely by the gross negligence or willful misconduct of the Indemnitees. Subject to Without limiting the generality of the foregoing, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for (i) any loss or damage for which the Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repairrepair or (ii) any consequential, punitive, exemplary, speculative, treble or other similar measure of damages.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall not be liable or responsible in any way for, and Tenant hereby waives all claims claims, whether in contract or tort, against the Indemnitees Landlord, its partners, members, shareholders, officers, directors, employees, asset managers and property managers with respect to or arising out of of: (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; whatsoever, or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or to any Tenant Items (as hereinafter defined) and any resulting business interruption or loss of earnings, or belonging to its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent , regardless of whether such injury death, injury, loss or damage is to property not covered by insurance carried (caused in whole or required to be carried) by Tenant and is caused in part by the active or passive negligence of Landlord, its partners, members, shareholders, officers, directors, employees, asset managers or property managers except for Landlord’s gross negligence or willful misconduct misconduct. Without limiting the generality of the Indemnitees. Subject to the foregoing, none of the Indemnitees Landlord shall not be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of the telephone cable distribution system, any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance maintenance, construction or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. Tenant acknowledges and agrees that Landlord has no obligation to carry insurance on: (i) any loss or damage to any Tenant Items and (ii) any loss suffered by Tenant due to interruption of Tenant’s business, including without limitation any loss of earnings. In addition, none of the Indemnitees Landlord shall not be liable for any loss loss, injury or damage of any nature or description for which Tenant is required to insurecarry insurance or which Tenant actually insures, nor for any loss whichever is greater, regardless of whether such loss, injury or damage resulting from any constructionis caused in whole or in part by the active or passive negligence of Landlord, alterations its partners, members, shareholders, officers, directors, employees, asset managers or repairproperty managers.

Appears in 1 contract

Samples: Office Lease (Durect Corp)

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall not be liable or responsible in any way for, and Tenant hereby waives all causes of action and claims against the Indemnitees Landlord with respect to or arising out of of: (a) any death or any bodily injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemniteeswhatsoever; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except and/or (c) any loss of profits or business or any injury to or interruption of business; however, the waiver as to death and bodily injury set forth in item (a) above shall not apply to the extent any such death or bodily injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused solely by the gross negligence or willful misconduct of Landlord, its partners, officers, employees or agents. The foregoing waivers apply notwithstanding any negligence, breach of contract or violation of law by Landlord, except only as specifically noted above. Without limiting the Indemnitees. Subject to generality of the foregoing, none of the Indemnitees Landlord shall not be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of the telephone cable distribution system, any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees Landlord shall not be liable for any loss or damage for which the Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair. For purposes of this Subsection 11.1, the term "Landlord" means and includes (i) Landlord, (ii) the property manager, (iii) the owners, partners, officers, agents, trustees of Landlord and/or the property manager, (iv) employees of any of the foregoing, and (v) any Senior Holder (collectively the "Protected Parties").

Appears in 1 contract

Samples: Agreement of Lease (Computerized Thermal Imaging Inc)

AutoNDA by SimpleDocs

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of the Indemnitees. Subject to the foregoing, none of the Indemnitees shall be liable for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair.

Appears in 1 contract

Samples: Lease (Inphi Corp)

Waiver of Liability. Neither Landlord nor any of its Indemnitees Sublessor shall not be liable or ------------------- responsible in any way for, and Tenant Sublessee hereby waives all claims against the Indemnitees Sublessor, its agents or employees, with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant Sublessee or any employee, licensee, invitee, guest, agent or customer of Tenant Sublessee or any other person, from any causes whatsoever except to the extent such injury whatsoever, or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) for any loss or damage or injury to any property outside or within the Premises belonging to Tenant Sublessee or its employees, agents, customers, licensees, invitees, guests or any other person; except , unless and to the extent such injury death, injury, loss or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of Sublessor, its employees or agents. Without limiting the Indemnitees. Subject to generality of the foregoing, none of the Indemnitees Sublessor shall not be liable for any damage loss or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakagesprinkler damage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, steam gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemypublic, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair.

Appears in 1 contract

Samples: Preview Travel Inc

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall By participating in the Contest and submitting an entry, each entrant agrees to (i) be liable or responsible in any way forbound by these Official Rules, including all entry requirements, and Tenant hereby waives (ii) waive any and all claims against the Indemnitees with respect to or arising out Sponsor and the Sponsor Entities and each of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employeetheir respective officers, licenseedirectors, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) any loss or damage or injury to any property outside or within the Premises belonging to Tenant or its employees, agents, customers, licensees, inviteesdistributors, guests dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering this Contest, each entrant gives his/her express permission to be contacted by the Sponsor by telephone, e-mail and/or postal mail for Contest purposes. PUBLICITY RELEASE: Each Winner, by acceptance of Prize, grants to Sponsor, and each of its respective designees, the right to publicize such Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. ADDITIONAL RULES: Sponsor and Sponsor Entities are not responsible for lost, late, misdirected, unintelligible, returned, or undelivered entries or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or act in violation of the Official Rules, as solely determined by Xxxxxxx, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information howsoever caused and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification. Sponsor is not responsible for injury or damage to participants or any other person; except persons, computer or property related to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct resulting from participating in this Contest. Should any portion of the IndemniteesContest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in sole opinion of Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or submission of entries, Sponsor reserves right at its sole discretion to suspend, modify, or terminate this Contest, and randomly select winners from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by Sponsor. Subject This Sweepstakes is void where prohibited by law, and subject to Federal, state and local regulations. Taxes, if any, are solely the foregoing, none responsibility of the Indemnitees shall winner. All materials submitted become the property of the Sponsor and will not be liable returned or acknowledged. Information collected in connection with this Contest will be used in accordance with these Official Rules. Purchase of a product offer does not improve your chances of winning. Sponsor, its affiliates, subsidiaries and agencies are not responsible for any damage typographical or damages other error in the printing, the offering or the announcement of any nature whatsoever to persons prize or property caused by explosionin the administration of this Contest. Official Rules will be posted online at xxx.xxx-xxxx.xxx. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, fireWHETHER OR NOT AN ENTRANT, theft or breakageTO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. WINNER NAMES: The names of the winners during the First Contest Period may be obtained after October 15, 2013 and the names of the winners during the Second Contest Period may be obtained after April 15, 2014, by sprinklersending a self-addressed stamped envelope to: All-Clad Bridal Registry Contest, drainage or plumbing systems000 Xxxxxxxx Xxxx, Xxxxxxxxxx, XX 00000. Vermont residents may omit stamp. Requests for a list of the winners must be received by failure for any cause to supply adequate drainageMay 31, by 2014. PRIVACY POLICY: Information collected in connection with this Contest will be used in accordance with Sponsor’s Privacy Policy (which can be found at xxxx://xxx.xxx- xxxx.xxx/Xxxxx/xxxxxxxxxxxxx.xxxx) and these Rules. In the interruption event of any public utility discrepancy between Sponsor’s Privacy Policy and these Rules, Sponsor’s Privacy Policy shall control and govern. GOVERNING LAW AND JURISDICTION: THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES LAW. THE PENNSYLVANIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS SWEEPSTAKES AND THE INTERNAL SUBSTANTIVE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES, SHALL GOVERN THIS CONTEST. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. TWITTER NOT A SPONSOR: Twitter, Inc. is not sponsoring, endorsing or serviceadministering this Contest in any way. You are providing your information to Sponsor and not to Twitter. The materials and information you provide will only be used for Sponsor’s promotional purposes. YOU HEREBY RELEASE TWITTER FROM ANY AND ALL LIABILITY OF WHATEVER NATURE IN CONNECTION WITH THIS CONTEST. FACEBOOK NOT A SPONSOR: Facebook, by steamInc. is not sponsoring, gas, water, rain endorsing or other substances leaking, issuing or flowing into administering this Contest in any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or way. You are providing your information to Sponsor and not to Facebook. The materials and information you provide will only be used for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repairSponsor’s promotional purposes.

Appears in 1 contract

Samples: www.allcladbeginnings.com

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall not be liable or responsible in any way for, to Tenant and Tenant hereby waives all claims against Landlord, its partners, officers, trustees, affiliates, directors, shareholders, employees, contractors, agents and representatives (collectively, "AFFILIATES") for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the Indemnitees Premises from any cause. Without limiting the foregoing, neither Landlord nor any of its Affiliates shall be liable for and there shall be no abatement of rent for (i) any damage to Tenant's property stored with respect or entrusted to Affiliates of Landlord, (ii) loss of or arising out damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the pipes, appliances, appurtenances or plumbing works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of visitors to the Premises or from any other cause whatsoever, or (iv) any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Premises. Tenant agrees that in no case shall Landlord ever be responsible or liable on any theory for any injury to Tenant's business, loss of profits, loss of income or any other form of consequential damage. Tenant shall give prompt notice to Landlord in the event of (a) any death the occurrence of a fire or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employeeaccident in the Premises, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (b) the discovery of any loss defect therein or in the fixtures or equipment thereof. Notwithstanding any other provision of this Lease to the contrary, Tenant waives any claims based on damage or injury resulting from Landlord's failure to any property outside police or within the Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by the gross negligence or willful misconduct of the Indemnitees. Subject to the foregoing, none of the Indemnitees shall be liable provide security for any damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall be liable for any loss or damage for which Tenant is required to insure, nor for any loss or damage resulting from any construction, alterations or repair.

Appears in 1 contract

Samples: Lease Agreement (Financial Pacific Insurance Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.