EMOTIONAL LOSS. Occupant agrees not to store collectibles, heirlooms, jewelry, art or any irreplaceable personal property having special or sentimental value to Occupant. Owner shall not be liable for any loss occasioned by or resulting from emotional distress or emotional or sentimental attachment to Occupant’s stored property nor shall anything alter the release of Owner’s liability set forth herein.
EMOTIONAL LOSS. OCCUPANT: agrees not to store collectibles,heirlooms, jewelry, works of art, or any property having special or sentimental value to the OCCUPANT. Nothing herein shall constitute any agreement or admission by the OPERATOR that OCCUPANT stored property has any value. OPERATOR shall not be liable for any loss occasioned by or resulting from emotional distress.
EMOTIONAL LOSS. RENTER agrees not to store collectibles, heirlooms, jewelry, works of art or any personal property having special orsentimental value to RENTER. Nothing herein shall constitute any agreement or admission by theOWNER that RENTER’S stored personal property has any value. OWNER shall notbe liable foranyloss occasioned by orresulting from emotional distress.


Consequential Loss notwithstanding any provision of this Trust Deed to the contrary, the Trustee shall not in any event be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to loss of reputation, business, goodwill, anticipated saving, opportunity or profit), whether direct or indirect, whether or not foreseeable, even if the Trustee is actually aware of or has been advised of the likelihood of such loss or damage and regardless of whether the claim for such loss or damage is made in negligence, for breach of contract, breach of trust, breach of fiduciary obligation or otherwise. The provisions of this Clause 10.3.4 shall survive the termination or expiry of this Trust Deed and the resignation or removal of the Trustee.
Casualty Damage A. If all or any part of the Premises is damaged by fire or other casualty, Tenant shall immediately notify Landlord in writing. During any period of time that all or a material portion of the Premises is rendered untenantable as a result of a fire or other casualty, the Rent shall abate for the portion of the Premises that is untenantable and not used by Tenant. Landlord shall have the right to terminate this Lease if: (1) the Building shall be damaged so that, in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall be required (whether or not the Premises has been damaged); (2) Landlord is not permitted by Law to rebuild the Building in substantially the same form as existed before the fire or casualty; (3) the Premises have been materially damaged and there is less than 2 years of the Term remaining on the date of the casualty; (4) any Mortgagee requires that the insurance proceeds be applied to the payment of the mortgage debt; or (5) a material uninsured loss to the Building occurs. Landlord may exercise its right to terminate this Lease by notifying Tenant in writing within 90 days after the date of the casualty. If Landlord does not terminate this Lease, Landlord shall commence and proceed with reasonable diligence to repair and restore the Building and the Leasehold Improvements (excluding any Alterations that were performed by Tenant in violation of this Lease). However, in no event shall Landlord be required to spend more than the insurance proceeds received by Landlord. Landlord shall not be liable for any loss or damage to Tenant's Property or to the business of Tenant resulting in any way from the fire or other casualty or from the repair and restoration of the damage. Landlord and Tenant hereby waive the provisions of any Law relating to the matters addressed in this Article, and agree that their respective rights for damage to or destruction of the Premises shall be those specifically provided in this Lease.
Assault Leave Any employee who must be absent from his or her duties due to physical disability resulting from an assault by a student or the parent or legal guardian of a student of this system, while on duty and engaged in school- related activities, on or off school premises, before, during or after school hours, will be paid his or her full scheduled compensation for a maximum period of fifteen (15) days. Assault shall be defined as intentional physical touching. If permanently disabled, the employee must apply for disability retirement and no assault leave shall be granted after such retirement has been approved. The period of such absence, as defined in this provision, shall be termed "Assault Leave." Before Assault Leave can be approved, the employee shall furnish to the Superintendent, a written, signed statement describing the circumstances and events surrounding the assault and the cause thereof, including the location and time of the assault, name and address of victims and witnesses, and a description of the injuries sustained by each victim of the assault. If medical attention is required or sought, the employee shall also furnish to the Superintendent a statement of the nature of the disability and its duration, which has been signed by a physician licensed in the State of Ohio. Falsification of either the written signed statement of the events or circumstances surrounding the assault or the physician's statements shall be grounds for suspension or termination of employment. Assault Leave, which is approved by the Superintendent, shall not be charged against sick leave earned or earnable by the employee or any other leave to which the employee is entitled. Assault leave shall be immediately paid to the employee by the district at the employee’s current rate of pay and if Worker’s Compensation is applied for and granted, the employee shall reimburse Springfield City School District at the rate paid by Worker’s Compensation after payment is received from Worker’s Compensation. The Board may require an examination by and a certificate from a licensed physician, chosen and paid by the Board that the employee was disabled from performance of any duties which the employee is qualified to perform and the nature and duration of such disability. The employee is encouraged to file appropriate action against the person committing the assault, including criminal charges or civil action or both, in case of any assault or injuries.
Loss A Loss (also referred to as dilution) results when a fund or, in the case of a multi-class fund, a class either (1) has paid excess redemption proceeds as a result of an overstated NAV or (2) has received insufficient subscription monies as a result of an understated NAV (in either case, transacting shareholders benefit from transacting at the misstated NAV, to the detriment of the fund or class).
LOSS OR DAMAGE The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor’s insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises.