Common use of Exemption of Landlord from Liability Clause in Contracts

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Notwithstanding anything to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that contrary set forth in this Lease, Landlord and the Landlord Parties shall not be liable for injury to Tenant’s business business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any loss consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of income therefrom services or utilities or as a result of Landlord’s negligence). Without limiting the foregoing, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.

Appears in 3 contracts

Samples: Standard Office Lease (Celladon Corp), Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.), Standard Office Lease (Prospect Acquisition Corp)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active ------------------------------------ the gross negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Industrial Center. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages.

Appears in 3 contracts

Samples: Lease Agreement (Asd Systems Inc), Lease (Adaptive Broadband Corp), Cost U Less Inc

Exemption of Landlord from Liability. Tenant, as a material part of To the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property extent permitted by applicable law and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active the negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, the Landlord Entities shall not be liable for and Tenant hereby WAIVES any claims against the Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premisesdemised demised premises, the PropertyBuilding, or the Property from any portion thereofcause whatsoever, whether such including, but not limited to, damage or injury which is caused by or results from: (a) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures; or (b) the condition of the demised premises, other portions of the Building or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Property. Notwithstanding Landlord's negligence or breach of this lease, to the extent permitted by applicable law, Landlord shall under no circumstances be liable for injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for and Tenant shall indemnify and hold Landlord harmless from and against all claims, losses, damages, expenses, penalties and charges arising from or in connection with any damage or injury to Tenant’s the person, business (or any loss of income therefrom therefrom), goods, wares, merchandise or for damage to the other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause; (c) the failure, whether said damage delay or injury results from diminution in the quality or quantity of any utilities or services supplied to the Premises or the Building, or (d) any conditions arising within in or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless nor shall any of whether the cause of such damage or injury or the means of repairing the same is inaccessible to be construed as an eviction of Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductnor, unless otherwise permitted under this Lease, work an abatement of Rent, nor relieve Tenant from any obligation under this Lease. Landlord shall not be liable for any damages arising such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from any act liability for Landlord's gross negligence or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantwillful misconduct.

Appears in 2 contracts

Samples: Industrial Real Estate Lease (Lillian Vernon Corp), Spintek Gaming Technologies Inc \Ca\

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Notwithstanding anything to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that contrary set forth in this Lease, Landlord and the Landlord Parties shall not be liable for injury to Tenant’s business 's business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any loss consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of income therefrom services or utilities or as a result of Landlord's negligence). Without limiting the foregoing, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Standard Office Lease (Ecotality, Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. Tenant acknowledges that Landlord’s election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord’s discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.

Appears in 2 contracts

Samples: Office Lease (Thomas Weisel Partners Group, Inc.), Office Lease (Thomas Weisel Partners Group, Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Notwithstanding anything to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that contrary set forth in this Lease, Landlord and the Landlord Parties shall not be liable for injury to Tenant’s business business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any loss consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of income therefrom services or utilities or as a result of Landlord’s negligence). Without limiting the foregoing, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage to that may be sustained by the person. goods, wares, merchandise or property of Tenant. its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from any cause whatsoever. including, but not limited to, fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, . plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems, or from any other causeintrabuilding cabling or wiring, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliancesapplicances, plumbing, heating, ventilating, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, tenants of the Premises, the Property, Landlord or any portion thereof, subtenant or Landlord’s assignee of such other tenants nor from the failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Industrial Center. Notwithstanding Landlord’s negligence, gross negligence, or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God, such as earthquakes, hurricanes, floods, etc.

Appears in 2 contracts

Samples: Lease (Extend Health Inc), Extend Health Inc

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by LandlordXxxxxxxx’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to TenantXxxxxx’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of TenantXxxxxx, TenantXxxxxx’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Demised Premises, nor shall Landlord be liable for injury to the Propertyperson of Tenant, Tenant's employees, agents or any portion thereofcontractors, whether such damage or injury is caused by or results from fire, ice, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising within upon the Demised Premises or about upon other portions of the Premisesbuilding or property of which the Demised Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premisesbuilding in which the Demised Premises are located. However, the Property, Tenant is not liable for any injury or death of any person or persons or any portion thereof, loss or damage arising out of the gross negligence of the Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Integrated Business Systems & Services Inc), Office Lease (Integrated Business Systems & Services Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the gross negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, Landlord shall not be liable for and Tenant waives any claims against Landlord for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of TenantTenant Entities, Tenant’s Parties or any other person in or about the Premises, the PropertyBuilding, or Industrial Center from any portion thereofcause whatsoever, whether such including, but not limited to, damage or injury which is caused by or results from (a) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage leakage, seepage, back up of sewers or drains, obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, fixtures or (b) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the PropertyBuilding, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease of which Landlord is the landlord. Except with respect to Landlord’s gross negligence or occupantwillful misconduct, if anyLandlord shall not be liable for injury to Tenant’s business, for any loss of the Premises, the Propertyincome or profit therefrom, or any portion thereofindirect, consequential, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantpunitive damages.

Appears in 2 contracts

Samples: Industrial Lease (CAPSTONE TURBINE Corp), Industrial Lease (Capstone Turbine Corp)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the ------------------------------------ negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Industrial Center. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages.

Appears in 2 contracts

Samples: Lease (Kyphon Inc), Lease (Kyphon Inc)

Exemption of Landlord from Liability. Tenant, as a material part Except in the event of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active gross negligence or willful misconduct. , Tenant hereby agrees that Landlord (including Landlord's officers, trustees, partners, affiliates, directors, agents, management contractors and representatives (collectively referred to as "Landlord's Affiliates") shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers, or any other person in or about the Premises. Tenant further agrees that Landlord and Landlord's Affiliates shall not be liable for injury to the person of Tenant, the PropertyTenant's employees, agents or any portion thereofcontractors or to Tenant's property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding or the Project, the Property, or any portion thereof or from other sources or places, places appurtenant to the Premises and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and Landlord's Affiliates shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.

Appears in 1 contract

Samples: Office Space Lease (Kaleidoscope Media Group Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers, or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage accessible or injury caused solely by Landlord’s sole or active negligence or willful misconductnot. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, Tenant of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Building Complex. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business or for any loss of income or profit therefrom, or for any consequential damages of Tenant. Notwithstanding anything to the contrary contained herein, Landlord's liability under this Lease shall be limited to its interest in the Building Complex.

Appears in 1 contract

Samples: Multi Tenant Lease (Zynex Medical Holdings Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers, or any other person in or about the Premises, the Property, or any portion thereofexcluding bodily injury claims, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, excluding bodily injury claims, whether said injury or damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage accessible or injury caused solely by Landlord’s sole or active negligence or willful misconductnot. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Building. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant's business or for any loss of income or profit therefrom, or for any consequential damages of Tenant. Notwithstanding anything to the contrary contained herein, Landlord's liability under this Lease shall be limited to its interest in the Building.

Appears in 1 contract

Samples: Lease (Frontier Airlines Inc /Co/)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active Except for negligence or willful misconduct. wrongdoing by Landlord, Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or business; for any loss of income therefrom therefrom, or for damage to the improvements, trade fixtures, contents, goods, wares, merchandise or other property of Tenant (“Tenant, ’s Contents”) or for injury to or death of Tenant, Tenant’s Parties employees, agents, contractors, invitees, customers, or any other person in or about the Premises, regardless of the Propertycause of such injury or damage. Landlord shall have no liability with respect to any such loss, damage or any portion thereofinjury, whether such loss, damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or ; from the breakage, leakage leakage, obstruction, failure, insufficiency, or other defects of any heating, ventilation, air conditioning, utilities furnished, pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether the said damage loss, damage, or injury results from conditions arising within at the Premises or about at other portions of the PremisesBuilding, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is are inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantBuilding.

Appears in 1 contract

Samples: Lease (Franklin Financial Network Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee; contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Office Lease (Matchnet, Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Building or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesBuilding. Tenant acknowledges that Landlord’s election to provide mechanical surveillance or to post security personnel in the Building is solely within Landlord’s discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, the Propertyvandalism or like causes. Tenant shall defend, indemnify and hold Landlord harmless from any such claims made by any employee, contractor, or any portion thereof, or Landlord’s failure to enforce the terms agent of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Exemption of Landlord from Liability. TenantExcept as provided in Paragraph 13(a) above, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant, except in connection with damage or injury caused solely by Landlord’s sole or active resulting from the gross negligence or willful misconductmisconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Office Lease (Sound Source Interactive Inc /De/)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for any damage or injury to Tenant’s the person, business (or any loss of income therefrom therefrom), goods, supplies, merchandise, or for damage to the other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Premises, the Property, or any portion thereof, whether Property wether such damage or injury is caused by or results from (a) fire, steam, electricity, gaswater, water gas or rain; (b) the breakage, leakage, other defects of pipes, sprinklers, wires appliances, plumbing, air conditioning or lighting fixtures or any other cause; ( c) conditions arising in or about the Property, or from other sources or places, or (d) any act or omission of any other person. Landlord shall not be liable for any such damage or injury even though the cause of such damage or injury, or the means of repairing such damage or injury, are not accessible to Tenant. The provisions of this Section 7.02 do not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. 18 fire, steam, electricity, water, gas or rain; (b) the breakage, leakage or leakage, other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause, whether said damage or injury results from ; (c) conditions arising within in or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless or (d) any act or omission of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductany other person. Landlord shall not be liable for any damages arising from any act such damage or neglect injury even though the cause of any other tenant such damage or occupant, if any, of the Premises, the Propertyinjury, or any portion thereofthe means of repairing such damage or injury, are not accessible to Tenant. The provisions of this Section 7.02 do not, however, exempt Landlord from liability for Landlord's gross negligence or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantwillful misconduct.

Appears in 1 contract

Samples: Commonwealth Aluminum Corp

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Property and its property including, but not limited to, Tenant’s Property and any Tenant Improvements's improvements or alterations, and if any, or illness or injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except to the extent only such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's operations or any loss of income therefrom revenue or for damage to the property of Tenant, or injury to or illness or death of Tenant, Tenant’s Parties Tenant or any Tenant Party or any other person in or about the Premises, the Property, or any portion thereof, whether such damage damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, applianceslandscaping, plumbing, air conditioning paving or lighting fixtures, or from any other cause, and whether said damage damage, illness or injury results from conditions arising within or about the Premises, upon the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except damage only damage, illness or injury caused solely by Landlord’s sole or active 's negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act action, inaction or neglect of by any contractor or other tenant or occupanttenant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Building or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Building. Tenant acknowledges that Landlord’s failure election to enforce provide mechanical surveillance or to post security personnel in the terms of any agreements Building is solely within Landlord’s discretion; Landlord shall have no liability in connection with parties other than Tenantthe decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism or like causes.

Appears in 1 contract

Samples: Office Lease (Splunk Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole the gross active or active gross passive negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord or any Landlord Entity, neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Industrial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or Industrial Center or (iii) the acts or omissions of Landlord or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductLandlord Entities. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant or occupant, if any, tenants of the Premises, the Property, Landlord or any portion thereof, subtenant or Landlord’s assignee of such other tenants nor from the failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Industrial Center. Notwithstanding Landlord’s negligence (active or passive), gross negligence (active or passive), or breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.

Appears in 1 contract

Samples: Industrial Lease (Aviragen Therapeutics, Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for and Tenant shall indemnify and hold Landlord harmless from and against all claims, losses, damages, expenses, penalties and charges arising from or in connection with any damage or injury to Tenant’s the person, business (or any loss of income therefrom therefrom), goods, wares, merchandise or for damage to the other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause; (c) the failure, whether said damage delay or injury results from diminution in the quality or quantity of any utilities or services supplied to the Premises or the Building, or (d) any conditions arising within in or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless nor shall any of whether the cause of such damage or injury or the means of repairing the same is inaccessible to be construed as an eviction of Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductnor, unless otherwise permitted under this Lease, work an abatement of Rent, nor relieve Tenant from any obligation under this Lease. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. In addition to any limitation of Landlord's liability contained in the Lease, Tenant hereby agrees that any claim for damages arising from any act or neglect against Landlord shall be subject and subordinate to the interest of any other tenant or occupant, if any, of mortgagee in the Premises, the Building and Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Lease Agreement (Expedia Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the gross negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or Corporate Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or (ii) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the Property, Building or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductCorporate Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Corporate Center. Notwithstanding Landlord's negligence or breach of this Lease, neither Landlord nor Landlord Entities shall under any circumstances be liable for injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages.

Appears in 1 contract

Samples: Industrial Lease (Abgenix Inc)

Exemption of Landlord from Liability. Tenant, as a material part Except in the event of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active gross negligence or willful misconduct. , Tenant hereby agrees that Landlord (including Landlord’s officers, trustees, partners, affiliates, directors, agents, management contractors and representatives (collectively referred to as “Landlord’s Affiliates”) shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, invitees, customers, or any other person in or about the Premises. Tenant further agrees that Landlord and Landlord’s Affiliates shall not be liable for injury to the person of Tenant, the PropertyTenant’s employees, agents or any portion thereofcontractors or to Tenant’s property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding or the Project, the Property, or any portion thereof or from other sources or places, places appurtenant to the Premises and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by . Landlord and Landlord’s sole or active negligence or willful misconduct. Landlord Affiliates shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantProject.

Appears in 1 contract

Samples: Office Lease (Cougar Biotechnology, Inc.)

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Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or wilful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of or repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the PremisesProject. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services, the Propertyand Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee, contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Office Lease (Stanford Microdevices Inc)

Exemption of Landlord from Liability. TenantLessee, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, TenantLessee’s Property and any Tenant Lessee Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant Lessee hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant Lessee hereby agrees that Landlord shall not be liable for injury to TenantLessee’s business or any loss of income therefrom or for damage to the property of TenantLessee, or injury to or death of TenantLessee, TenantLessee’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to TenantLessee, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant Lessee or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantLessee.

Appears in 1 contract

Samples: Lease Agreement

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property 's fixtures, equipment, furniture and any Tenant Improvements, and alterations or injury to or death of persons in, upon or about the Premises, the PropertyBuilding, the Common Area or any portion thereof, other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties 's employees, invitees, customers, agents or contractors or any other person in or about the Premises, the PropertyBuilding, the Common Area or any portion thereofthe Project, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof Building or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful wilful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, Project or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.Tenant.‌‌

Appears in 1 contract

Samples: Sublease Agreement

Exemption of Landlord from Liability. Tenant, as a material part of Except to the consideration extend applicable to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that , Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom damage which may be sustained by Tenant or for damage to the person or goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant, Tenant’s Parties employees, contractors, invitees, customers, or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures, or from any other cause, whether said injury or damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and MULTI-TENANT - MODIFIED NET Eight-L 1993 —9— Initials / regardless of whether the cause of such damage or injury or the means of repairing preparing the same is inaccessible to Tenantaccessible or not, except damage for damages caused by negligent or injury caused solely by intentional acts of Landlord, and/or Landlord’s sole employees, contractors, agents, officers, directors, or active negligence any other person in or willful misconductabout the Premises on behalf of the Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Industrial Center. Notwithstanding Landlord’s negligence or breach of this Lease, Landlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s 's Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, Premises or the Property, or any portion thereof, Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s 's Parties or any other person in or about the Premises, Premises or the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, Premises or the Property, or any portion thereof Property or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s 's sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, Premises or the Property, or any portion thereof, Property or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: NNN Lease

Exemption of Landlord from Liability. Tenant, Except if occurring as a material part result of the consideration to Landlord, hereby assumes all risk negligence or willful misconduct of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, Landlord or any portion thereofof Landlord Entities, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused permitted by Applicable Requirements, neither Landlord’s sole , any Landlord Entities nor any of their respective agents, employees or active negligence or willful misconduct. Tenant hereby agrees that Landlord contractors shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities for, injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties contractors, invitees, customers or any other person in or about the Premises, the PropertyBuilding or the Commercial Center from any cause whatsoever, or any portion thereofincluding, whether such but not limited to, damage or injury which is caused by or results from (a) fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, fixtures or from any other cause, whether said damage or injury results from conditions arising within or about (b) the condition of the Premises, other portions of the PropertyBuilding, or the Commercial Center. Neither Landlord nor any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord Entity shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than lease in the Commercial Center. Notwithstanding the Landlord's negligence, gross negligence, or breach of this Lease, Landlord shall under no circumstances be liable for: (i) any injury to Tenant's business or any loss of income or profit therefrom; (ii) any indirect, consequential or punitive damages; or (iii) any damage to property or injury to persons arising from any act of God (such as earthquakes, hurricanes, floods, etc.).

Appears in 1 contract

Samples: Lease Agreement (Carrollton Bancorp)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property 's fixtures, equipment, furniture and any Tenant Improvements, and alterations or injury to or death of persons in, upon or about the Premises, the PropertyBuilding, the Common Area or any portion thereof, other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties 's employees, invitees, customers, agents or contractors or any other person in or about the Premises, the PropertyBuilding, the Common Area or any portion thereofthe Project, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof Building or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful wilful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Premises, Building or the Property, or any portion thereof, Project or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Sublease Agreement (E Loan Inc)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business 's business, or any loss of income therefrom therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage to that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or injury to or death of Tenantcontractors, Tenant’s Parties or any other person in in, on or about the Premises, the Property, Premises directly or any portion thereof, whether such damage or injury is indirectly caused by or resulting from fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting conditioning, light fixtures, or mechanical or electrical systems or from any other causeintrabuilding network cable, whether said such damage or injury results from conditions arising within upon the Premises or about upon other portions of the Premises, the Property, or any portion thereof Project or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premisesbuilding. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, the Propertyvandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord harmless from any portion thereofsuch claims made by any employee, licensee, invitee; contractor, agent or, other person whose presence in, on or Landlord’s failure about the Premises or the Project is attendant to enforce the terms business of any agreements with parties other than Tenant.. ARTICLE 14 INSURANCE (a)

Appears in 1 contract

Samples: www.sec.gov

Exemption of Landlord from Liability. Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, as Tenant's agents, employees, licensees, invitees, or any other party in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Premises or Project, or from other sources or places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury may not be accessible to Tenant. As a material part of the consideration to Landlord, hereby Tenant assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and or injury to or death of persons in, upon in or about the Premises, the Property, or any portion thereof, Premises arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by for any claim arising out of Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that The provisions of this Section 6.02 shall not, however, exempt Landlord shall not be liable from liability for injury to Tenant’s business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Lease Agreement (iPower Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements's Property, and or injury to or death of persons in, upon or about the Building, the Premises, the PropertyImprovements, or any portion thereof, other portions of the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s 's sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom therefrom, or for damage to the property of Tenant, or injury to or death of Tenant, Tenant’s Xxxxxx's Parties or any other person in or about the Building, the Premises, the PropertyImprovements, or any portion thereofother portions of the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Building, the Premises, the PropertyImprovements, or any portion thereof other portions of the Property or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s 's sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupanttenant, if any, of the Building, the Premises, the Improvements, or other portions of the Property, or any portion thereof, or Landlord’s 's failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Ground Lease

Exemption of Landlord from Liability. TenantExcept for the material breach of Landlord's obligations hereunder, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties agents, contractors, invitees, or any other person in or about the Premises, Premises or the PropertyResearch Complex. Excepts for acts or omissions of Landlord, or any portion thereofits employees or agents, Landlord shall not be liable for injury to the person of Tenant, Tenant's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesResearch Complex, the Property, or any portion thereof or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect omission of any other tenant lessee, occupant or occupant, if any, user of the PremisesResearch Complex, nor from the Property, or any portion thereof, or Landlord’s failure of Landlord to enforce the terms provisions of any agreements with parties other than Tenantlease of the Research Complex.

Appears in 1 contract

Samples: Work Letter Agreement (Corixa Corp)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of TenantTenant or any member of the Tenant Group, or injury to or death of Tenant, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesIndustrial Center of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage accessible or injury caused solely by Landlord’s sole or active negligence or willful misconductnot. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of Landlord nor from the Premises, the Property, or any portion thereof, or Landlord’s failure by Landlord to enforce the terms provisions of any agreements with parties other than Tenantlease in the Industrial Center. Notwithstanding Landlord's negligence or breach of this Lease, Landlord shall under no circumstance be liable for injury to Tenant for special, consequential or punitive damages or for any loss of income or profit.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims matters are caused by Landlord’s 's sole or active gross negligence or willful misconduct. , Tenant hereby agrees that Landlord and Landlord's Affiliates shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the goods, wares, merchandise, or other property of Tenant, or injury to or death of Tenant's employees, Tenant’s Parties invitees, customers, or any other person in or about the Premises. Tenant further agrees that Landlord and Landlord's Affiliates shall not be liable for injury to the person of Tenant, the PropertyTenant's employees, visitors, agents, or any portion thereofcontractors or to Tenant's property, whether such damage or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage leakage, obstruction, or other defects of pipes, sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding or the Project, the Property, or any portion thereof or from other sources or places, places appurtenant to the Premises and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. Landlord and Landlord's Affiliates shall not be liable for any damages arising from any act or neglect of any other tenant or tenant, occupant, if any, or user of the PremisesBuilding or the Project, nor from the Property, or any portion thereof, or Landlord’s failure of Landlord to enforce the terms lease provisions of any agreements with parties other than Tenanttenant of the Project.

Appears in 1 contract

Samples: Cayenta Inc

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom damage which may be sustained by the person, goods, wares, merchandise or for damage to the property of Tenant, its employees, invitees or injury to or death of Tenantcustomers, Tenant’s Parties or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is Premises caused by or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other causefixtures of the same, whether the said damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductsources. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, Tenant (if any) of such building. Notwithstanding anything to the contrary Landlord shall be liable if such damage or injury is caused by the gross negligence at the Landlord, its agents, employees, contractors or subcontractors. (C) In the event that Landlord should ever be made a party to any claim for hazardous waste cleanup of the Premisesproperty subject to this lease or to any litigation for claims by others based on hazardous substances on or in the property, and the Propertyhazardous substance resulted from the actions or failure of action by the Tenant, Tenant will hold the Landlord harmless from the costs of such cleanup and the expenses and cost of such litigation and any resulting awards or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantcompromises. 25.

Appears in 1 contract

Samples: Lease Agreement (Paravant Computer Systems Inc /Fl/)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant’s Property 's fixtures, equipment, furniture and any Tenant Improvementsalterations, and or illness or injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except to the extent only such claims as are caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s 's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant, Tenant’s Parties Tenant or any Tenant Party or any other person in or about the Premises, the Property, or any portion thereof, whether such damage damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage damage, illness or injury results from conditions arising within or about upon the Premises, upon other portions of the Property, or any portion thereof Property or from other sources or places, and regardless of whether the cause of such damage damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except damage only damage, illness or injury caused solely by Landlord’s sole or active 's gross negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except Except to the extent such claims are caused by Landlord’s sole or active the gross negligence or willful misconduct. Tenant hereby agrees that misconduct of Landlord, Landlord shall not be liable for and Tenant waives any claims against Landlord for injury to Tenant’s business or any loss of income therefrom or for damage to the person or the property of Tenant, or injury to or death of TenantTenant Entities, Tenant’s Parties or any other person in or about the Premises, the PropertyBuilding, or Industrial Center from any portion thereofcause whatsoever, whether such including, but not limited to, damage or injury which is caused by or results from (a) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage leakage, seepage, back up of sewers or drains, obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, fixtures or (b) from any other cause, whether said damage or injury results from conditions arising within or about the condition of the Premises, other portions of the PropertyBuilding, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconductIndustrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease of which Landlord is the landlord. Except with respect to Landlord's gross negligence or occupantwillful misconduct, if anyLandlord shall not be liable for injury to Tenant's business, for any loss of the Premises, the Propertyincome or profit therefrom, or any portion thereofindirect, consequential, or Landlord’s failure to enforce the terms of any agreements with parties other than Tenantpunitive damages.

Appears in 1 contract

Samples: Industrial Lease (Capstone Turbine Corp)

Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant’s Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises, the Property, or any portion thereof, arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord’s sole or active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s Tenants business or any loss of income therefrom therefrom, or for damage to the property of Tenantgoods, wares, merchandise, or injury to or death other property of Tenant, Tenant’s Parties employees, invitees, customers, or any other person in or about the Premises, the Property, or any portion thereof, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, and Tenant hereby waives any and all claims it may have against Landlord for said damages. In addition, Landlord shall not be liable for injury to the person of Tenant, Tenants employees, agents, contractors, and/or invitees for any of the causes specified in this subsection (h), unless such injury results from the adjudicated gross negligence or intentional conduct of Landlord. Tenant hereby waives any and all claims it may have against Landlord for said damages except as specifically permitted herein. This exclusion of Landlord from liability shall be true whether said or not such damage or injury results from conditions arising within upon the Premises or about upon other portions of the PremisesBuilding of which the Premises are a part, the Property, or any portion thereof or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible accessible to TenantLandlord or Tenant also, except damage or injury caused solely by Landlord’s sole or active negligence or willful misconduct. as part of such exclusion, Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, Premises or the Property, or any portion thereof, or Landlord’s failure to enforce the terms of any agreements with parties other than TenantBuilding.

Appears in 1 contract

Samples: Lease (Hq Sustainable Maritime Industries, Inc.)

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