Common use of Active Negligence Clause in Contracts

Active Negligence. Active Negligence" of any Person (including Landlord) means, and is limited to, the negligent conduct of activities on the Leased Property by such Person or by others acting and authorized to act on such Person's behalf in a manner that proximately causes actual bodily injury or property damage to occur. "Active Negligence" shall not include (1) any negligent failure of Landlord to act when the duty to act would not have been imposed but for Landlord's status as owner of the Leased Property or as a party to the transactions described in this Lease, (2) any negligent failure of any other Indemnified Party to act when the duty to act would not have been imposed but for such party's contractual or other relationship to Landlord or participation or facilitation in any manner, directly or indirectly, of the transactions described in this Lease, or (3) the exercise in a lawful manner by Landlord (or any party lawfully claiming through or under Landlord) of any remedy provided herein or in the Purchase Documents.

Active Negligence. Active NegligenceACTIVE NEGLIGENCE" of any Person (including Landlord) means, and is limited to, the negligent conduct of activities on the Leased Property by such Person or by others acting and authorized to act on such Person's behalf in a manner that proximately causes actual bodily injury or property damage to occur. "Active NegligenceACTIVE NEGLIGENCE" shall not include (1) any negligent failure of Landlord to act when the duty to act would not have been imposed but for Landlord's status as owner of the Leased Property or as a party to the transactions described in this Lease, (2) any negligent failure of any other Indemnified Party to act when the duty to act would not have been imposed but for such party's contractual or other relationship to Landlord or participation or facilitation in any manner, directly or indirectly, of the transactions described in this Lease, or (3) the exercise in a lawful manner by Landlord (or any party lawfully claiming through or under Landlord) of any right or remedy provided herein or in the Purchase Documents.

Active Negligence. Active Negligence" of any Person (including Landlord) an Indemnified Party means, and is limited to, the negligent conduct of activities actually on or about the Leased Property by such Person the Indemnified Party or by others acting and authorized to act on such Person's behalf its employees, agents or representatives in a manner that proximately causes actual bodily injury or property damage to occurbe incurred. "Active Negligence" shall not include (1) any negligent failure of Landlord to act when the duty to act would not have been imposed but for Landlord's status as owner of the Leased Property or as a party to the transactions described in this Lease, (2) any negligent failure of any other Indemnified Party to act when the duty to act would not have been imposed but for such party's contractual or other relationship to Landlord or participation or facilitation in any manner, directly or indirectly, of the transactions described in this Lease, or (3) the exercise in a lawful manner by Landlord (or any party lawfully claiming through or under Landlord) of any remedy provided herein or in the Purchase DocumentsAgreement.