Common use of Damage or Injury Clause in Contracts

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. 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 or the Property arising at any time after out of events occurring or conditions that came into existence during the Commencement Date through and including the Expiration Date or earlier termination term of this Lease and from any cause whatsoeverLease, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord. 's agents, officers, employees, contractors, tenants, invitees or licensees (asuch persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) or out of any Landlord Default. 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 disbursementsdisbursements (collectively, "Losses"), arising from or related to (i) any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the PremisesPremises arising from an act or omission of Tenant or its agents, excepting any conditions which existed prior to the Commencement Dateofficers, (ii) employees, contractors, invitees or licensees, or any default in the performance of Tenant’s 's obligations under this Lease, (iii) or 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 ) occurring 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 Landlord)'s agents, officers, employees, contractors, tenants [such persons or entities not to include Tenant or its agents, officers, employees, contractors, tenants, invitees or licensees, or which occurs out of any Landlord Default]) or occurring in, on or about any other part of the Property other than the Premises to the extent when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Notwithstanding the foregoing, (i) Tenant's indemnity obligations under this section 8.1 shall ----------- only apply to Losses to the extent such Losses were not caused by or arise out of the negligence or willful misconduct of Landlord or its agents, officers, employees, contractors, tenants, subtenants, invitees or licensees (such persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) during the term of this Lease, or out of any Landlord Default; (ii) Tenant's indemnity obligations under this section 8.1 shall not apply to any liability caused ----------- by or arising out of events occurring or conditions that existed prior to the Commencement Date if such liability is covered by the Separation Agreement; and (iii) nothing in this section 8.1 shall limit the parties ----------- respective indemnity rights and obligations under section 4.3 hereof. This Section ----------- section 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, bodily or personal death, injury, illness act or death omission 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. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all claims 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 or the Property (including the portions of the Property that are the subject of any Temporary Construction License or on which any of the Infrastructure is constructed), arising at any time after from or related to (i) the Commencement Date through and including use or occupancy of, or the Expiration Date development, construction, maintenance, repair or earlier termination restoration of the Improvements on, the Premises by Tenant or Tenant's Related Entities, (ii) the construction of the Infrastructure on the Property by Tenant or Tenant's Related Entities, (iii) activities conducted under this Lease and from by Tenant or Tenant's Related Entities, or (iv) any cause whatsoeveract -61- or omission of Tenant or ▇▇▇▇▇▇'s Related Entities, except to in the extent caused by the case of (A) gross negligence or willful misconduct of Landlord, (B) any default in the performance of Landlord's obligations under this Lease, (C) in the event Landlord causes an environmental condition on the Premises by releasing Hazardous Materials on, in, about or under the Premises, or (D) any Claims arising out of the use by Landlord or ▇▇▇▇▇▇▇▇'s designees of any of the Reserved Rights. (ab) 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, Claims against Landlord arising from or related to (i) any use or occupancy the performance of the Premises or any condition of the Premises, excepting any conditions which existed prior to the Commencement Dateeach Project and/or each Capital Improvement, (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 Leaseuse or occupancy of, or (iv) any bodily the development, construction, maintenance, repair, Alteration or personal injuryRehabilitation of the buildings other improvements on, illness or death of any person (including employees and invitees of Tenant), in each case which occurs in, on or about the Premises by Tenant or any part thereof arising at any time Tenant's Related Entities from and 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.Date,

Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all claims 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 or Property, arising or resulting at any time after from the Commencement Date through and including use or occupancy of the Expiration Date Premises or earlier termination of this Lease and from any cause whatsoeverProperty by Tenant or its Related Entities, except to the extent caused by that Claims arise or result from (i) the gross negligence or willful misconduct of Landlord or its employees, (ii) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (iii) any default in the performance of Landlord’s obligations under this Lease. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (ab) 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 DatePhysical Condition Claims, (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, (iii) any damage to any property (including property of employees and invitees of Tenant), excepting any casualty loss which is Tenant shall not be required to be insured indemnify and defend Landlord against by or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (D) any default in the performance of Landlord’s obligations under this Lease. (c) Except to the extent of Claims against Landlord arising as a consequence of the failure of Tenant, its members, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) any bodily or personal injury, illness or death the terms and conditions of any person applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (including employees v) the other applicable terms and invitees conditions of Tenantthis Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), in each case which occurs in, on or about the Premises or Landlord waives and agrees not to make 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 Claims against Tenant with respect to the extent caused by Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the gross negligence Existing Environmental Conditions or willful misconduct of Landlord), or which occurs in, on or about to perform any other part obligation of the Premises Landlord under any agreements relating to the extent caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Existing Environmental Conditions. (d) This Section 8.1 12.1 shall survive the termination of this Lease with respect to any damage, bodily or personal injury, illness or death Claims occurring as a result of events 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. The 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 death or death of any person inproperty loss or damage sustained by the Tenant, or its employees, agents, subleases, licensees or those doing business with it in the Premises, in the Building, or anywhere 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 whatsoeverLand, no matter how caused, except to the extent caused by the gross negligence of the Landlord or willful misconduct of Landlord. (a) those persons for whom the Landlord is, in law, responsible, and the Tenant shall indemnify and defend the Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, actions or liabilities arising from or related to (i) any use or occupancy out 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 such personal injury, illness death or death of any person (including employees and invitees of Tenant)property damage or loss, 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 Landlord or those persons for whom the Landlord is, in law, responsible. The Tenant hereby releases the Landlord and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage, except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, in law, responsible. Without limiting the foregoing, the Landlord shall not be liable for any act personal injury, death or omission of property loss or damage sustained by the Tenant or its employees, agents, sublessees, licensees or invitees in the Premises, in the Building, on the Land or anywhere on the Land caused by theft or breakage or by steam, water, rain, snow, radioactive materials, microwaves, deleterious substances, gases, pollutants or any other materials or substances which may leak into, issue or flow from any part of the building or lands, 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 or any damage caused by anything done or omitted to be done by any other tenant or occupant of the building except to the extent caused by the negligence of the Landlord or by those persons for whom the Landlord is, in law, responsible, and the Tenant shall indemnify the Landlord against all actions or liabilities arising out of such personal Injury, death or property damage or loss, except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, in law, responsible. The Tenant thereby releases the Landlord and its officers, employees, contractors, invitees agents and employees from all claims for damages or licensees. This Section 8.1 shall survive the termination other expenses arising out of this Lease with respect to any damage, bodily or such personal injury, illness death 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, property loss or damage, expense and liability including without limitation court costs and reasonable attorneys’ fees arising out except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, 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 misconductlaw, responsible.

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 or the Property arising at any time after out of events occurring or conditions that came into existence during the Commencement Date through and including the Expiration Date or earlier termination term of this Lease and from any cause whatsoeverLease, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord. 's agents, officers, employees, contractors, tenants, invitees or licensees (asuch persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) or out of any Landlord Default. 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 disbursementsdisbursements (collectively, "Losses"), arising from or related to (i) any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the PremisesPremises arising from an act or omission of Tenant or its agents, excepting any conditions which existed prior to the Commencement Dateofficers, (ii) employees, contractors, invitees or licensees, or any default in the performance of Tenant’s 's obligations under this Lease, (iii) or 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 ) occurring 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 Landlord)'s agents, officers, employees, contractors, tenants [such persons or entities not to include Tenant or its agents, officers, employees, contractors, tenants, invitees or licensees, or which occurs out of any Landlord Default]) or occurring in, on or about any other part of the Property other than the Premises to the extent when such damage, bodily or personal injury, illness or death is 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.or

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 or the Property 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 Premises, or any condition of the Premises, excepting any conditions which existed prior to the Commencement Date, (ii) or any default in the performance of Tenant’s 's obligations under this Lease, (iii) or any damage to 10 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 ) occurring 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 occurring in, on or about any other part of the Property other than the Premises to the extent when such damages, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to the willful misconduct or gross negligence of Landlord with respect to the common areas of the Property resulting in any damage to property (subject to Section 8.4 hereof), or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) (except to the extent such damage to property, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees). This Section 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 10 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. 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 or the Building or the Project 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) , its agents, employees or contractors. 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 PremisesPremises (provided, excepting any conditions which existed prior to that Tenant shall have no responsibility for Hazardous Materials existing on or in the Commencement DatePremises or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant’s '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 LandlordLandlord its agents, employees or contractors), or which occurs in, on or about any other part of the Premises Project 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) . Under no circumstances shall Landlord shall indemnifyor Tenant be liable to the other, defend, protect, and hold harmless Tenant, its trustees, members, principals, beneficiaries, partners, or to the officers, directors, shareholdersmembers, agents or employees and agents of the other, for consequential or exemplary damages arising 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 relating to a breach or default by Landlord in the performance of any or Tenant of its obligations under this Lease or (ii) Landlord’s gross negligence or willful misconductLease.