Damage or Injury Clause Samples

Damage or Injury. The City and the County agree that if either Party is solely negligent in causing real or personal property damage or personal injury to the other that such responsible Party shall pay for the actual cost and expenses incurred for such damage or injury to the extent permitted by law.

Damage or Injury. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises arising at any time after the Commencement Date through and including the Expiration Date or earlier termination of this Lease and from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord. (a) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to (i) any use or occupancy of the Premises or any condition of the Premises, excepting any conditions which existed prior to the Commencement Date, (ii) any default in the performance of Tenant’s obligations under this Lease, (iii) any damage to any property (including property of employees and invitees of Tenant), excepting any casualty loss which is required to be insured against by Landlord pursuant to this Lease, or (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs in, on or about the Premises or any part thereof arising at any time after the Commencement Date through and including the Expiration Date or earlier termination of this Lease and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord), or which occurs in, on or about any other part of the Premises to the extent caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. This Section 8.1 shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death occurring prior to such termination. (b) Landlord shall indemnify, defend, protect, and hold harmless Tenant, its trustees, members, principals, beneficiaries, partners, officers, directors, shareholders, employees and agents from any and all loss, cost, damage, expense and liability including without limitation court costs and reasonable attorneys’ fees arising out of or in connection with (i) any breach or default by Landlord in the performance of any of its obligations under this Lease or (ii) Landlord’s gross negligence or willful misconduct.

Damage or Injury. Since the date of the Original Lease, no Leased Property has been materially injured or damaged by fire or other Casualty.

Damage or Injury. Except to the extent attributable to the gross negligence or wilful misconduct of the Landlord or those for whom it is responsible in law, the Landlord will not be liable for any personal injury, death or property loss or damage sustained by the Tenant, or its employees, agents, assignees, subtenants, licensees or those doing business with it in the Premises and the Tenant hereby releases the Landlord and its directors, officers, shareholders, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage and will indemnify the Landlord and its directors, officers, shareholders, agents and employees against all actions or liabilities arising out of such personal injury, death or property damage or loss. Notwithstanding the foregoing, in no event will the Landlord be liable for any personal injury, death or property loss or damage sustained by the Tenant or its employees, agents, assignees, subtenants, licensees or invitees in the Premises caused by theft or breakage or by steam, water, rain, snow, Hazardous Substances or any other materials or substances which may leak into, issue or flow from any part of the Premises or any adjacent or neighbouring lands and premises or from the water, steam or drainage pipes or plumbing works of the same or from any place, or any loss or damage caused by or attributable to the condition or arrangements of any electric or other wiring, and the Tenant will indemnify the Landlord against all actions or liabilities arising out of such personal injury, death or property damage or loss.

Damage or Injury. The Improvements shall not have been materially damaged by fire or other casualty unless there shall have been received, by Lender or a person approved by Lender, insurance proceeds sufficient in the sole judgment of Lender and the Consulting Professional, to effect satisfactory restoration and completion of the Improvements on or before the Outside Completion Date.

Damage or Injury. 13 B. Insurance Coverages and Amounts ................................... 13 C.

Damage or Injury. The Landlord shall not be liable for any injuries or death, or any losses or damages whatsoever, caused to any individual or property while on or within the Lands as a result of, or in any way arising out of, the occupation or use of the Lands by the Tenant pursuant to this Lease.

Damage or Injury. Since the Closing Date, the existing Improvements relating to each Property have not been materially injured or damaged by fire or other casualty.

Damage or Injury. ESD No. 2 and County agree that if either of them is solely negligent in causing real or personal property damage or personal injury to the other that such Party will pay for the actual cost and expenses incurred for such damage or injury to the extent permitted by law.