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 or the Property arising out of events occurring or conditions that came into existence during the term of this Lease, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (such 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 disbursements (collectively, "Losses"), arising from or related to any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises arising from an act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, or any default in the performance of Tenant's obligations under this Lease, or any damage to any property (including property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the 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 out of any Landlord Default]) or occurring in, on or about any part of the Property other than the Premises 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 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, death, injury, act or omission occurring prior to such termination.

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 Building or the Project arising out of events occurring or conditions that came into existence during the term of this Leaseat any time 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, invitees or licensees (such persons or entities not to include Tenant or its agents, officers, employees, employees or 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 disbursements (collectively, "Losses")disbursements, 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 Premises arising from an act (provided, that Tenant shall have no responsibility for Hazardous Materials existing on or omission of Tenant in the Premises or its agentsthe Project on the date hereof or hereafter brought onto the Project by Landlord), officers, employees, contractors, invitees or licensees, or (ii) any default in the performance of Tenant's obligations under this Lease, or (iii) any damage to any property (including property of employees and invitees of Tenant), or (iv) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring ), in each case which occurs in, on or about the Premises or any part thereof arising at any time 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, employees or contractors, tenants, invitees or licensees), or out of any Landlord Default]) or occurring which occurs in, on or about any other part of the Property other than Project to the Premises when such damage, bodily or personal injury, illness or death is extent 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, death, --- bodily or personal injury, act illness or omission death occurring prior to such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.

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 out of events occurring or conditions that came into existence during the term of this Leaseat any time 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, invitees or licensees (such 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 disbursements (collectively, "Losses")disbursements, arising from or related to any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licenseesPremises, or any condition of the Premises arising from an act or omission of Tenant or its agents, officers, employees, contractors, invitees or licenseesPremises, or any default in the performance of Tenant's obligations under this Lease, or any damage to 10 any property (including property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time 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 out of any Landlord Default]) or occurring in, on or about any part of the Property other than the Premises when such damagedamages, 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 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 foregoingwillful 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 (iincluding employees and invitees of Tenant) Tenant's indemnity obligations under this section 8.1 shall ----------- only apply to Losses (except to the extent such Losses were not damage to property, bodily or personal injury, illness or death is caused by any act or arise out omission 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 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, death, bodily or personal injury, act illness or omission death occurring prior to 10 such termination.

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 out of events occurring or conditions that came into existence during the term of this Lease, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (such 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 disbursements (collectively, "Losses"), arising from or related to any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises arising from an act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, or any default in the performance of Tenant's obligations under this Lease, or any damage to any property (including property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the 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 out of any Landlord Default]) or occurring in, on or about any part of the Property other than the Premises 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 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, death, injury, act or omission occurring prior to such termination.or

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 or the Property arising out of events occurring or conditions that came into existence during the term of this LeaseLand, no matter how caused, except to the extent caused by the negligence or willful misconduct of the Landlord or Landlord's agentsthose persons for whom the Landlord is, officersin law, employeesresponsible, contractors, tenants, invitees or licensees (such persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) or out of any Landlord Default. 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 (collectively, "Losses"), actions or liabilities arising from or related to any use or occupancy out of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises arising from an act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, or any default in the performance of Tenant's obligations under this Lease, or any damage to any property (including property of employees and invitees of Tenant) or any bodily or such personal injury, illness death or death of any person (including employees and invitees of Tenant) occurring inproperty damage or loss, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the negligence or willful misconduct of the Landlord or Landlord's agentsthose persons for whom the Landlord is, in law, responsible. The Tenant hereby releases the Landlord and its officers, employeesagents and employees from all claims for damages or other expenses arising out of such personal injury, contractorsdeath or property loss or damage, tenants [such 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 personal injury, death or entities not to include property loss or damage sustained by the Tenant or its employees, agents, officerssublessees, employeeslicensees or invitees in the Premises, contractors, tenants, invitees or licensees, or out of any Landlord Default]) or occurring inin the Building, on the Land or about 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 Property 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 than wiring or any damage caused by anything done or omitted to be done by any other tenant or occupant of the Premises when 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 damagepersonal Injury, bodily 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, agents and employees from all claims for damages or other expenses arising out of such personal injury, illness death or death is caused by any act property loss or omission of Tenant or its agentsdamage, officers, employees, contractors, invitees or licensees. Notwithstanding the foregoing, (i) Tenant's indemnity obligations under this section 8.1 shall ----------- only apply to Losses except to the extent such Losses were not caused by or arise out the negligence of the negligence or willful misconduct of Landlord or its agentsthose persons for whom the Landlord is, officersin law, 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 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, death, injury, act or omission occurring prior to such terminationresponsible.