Common use of Landlord Liability Clause in Contracts

Landlord Liability. Except in the case of the negligence or willful misconduct of Landlord and the extent permitted by Applicable Laws, Landlord shall not be liable to Tenant for any damage, injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any of the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. Any property stored or placed by Tenant or Tenant Parties in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section or any other Section of this Lease and subject to the terms of Section 13.4, Landlord shall not be released from liability to Tenant for any damage to the extent caused by Landlord’s willful misconduct or negligence.

Appears in 2 contracts

Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

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Landlord Liability. Except in the case of the negligence or willful misconduct of Landlord Landlord, its employees and the extent permitted by Applicable Laws, Landlord agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage, including indirect and consequential damage, injury, loss or claim (claim, including claims for the interruption of or loss to business) , based on or arising out of any of cause whatsoever, except as otherwise specifically provided in Sections 15.5 or in this Section, including without limitation the following: repair to any portion of the Premises or the BuildingProject or the EG or the Antenna; interruption in the use of the Premises or any equipment thereintherein or the EG or the Antenna; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building Project or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, Building or the EG or the Antenna from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition. Any property stored or placed by Tenant or Tenant Parties any Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant's agent for such purpose and not as Landlord's agent. Notwithstanding the foregoing provisions of this Section or any other Section of this Lease and subject to the terms of Section 13.4Section, Landlord shall not be released from liability to Tenant Tenant: (i) for any damage physical injury to any natural person caused by Landlord's willful misconduct or gross negligence to the extent such injury is not covered by insurance (a) carried by Tenant or such person, or (b) required by this Lease to be carried by Tenant; or (ii) for a breach by Landlord under the terms of this Lease other than caused by a third party not under the control of Landlord’s willful misconduct , provided however, that Landlord shall not under any circumstances be liable for any consequential or negligenceindirect damages.

Appears in 1 contract

Samples: Lease Agreement (Praxair Inc)

Landlord Liability. Except in the case of the negligence or willful misconduct of Landlord and the extent permitted by Applicable LawsLandlord, Landlord shall not be liable to Tenant for any damage, injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any of the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. Any property stored or placed by Tenant or Tenant Parties in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section or any other Section of this Lease and subject to the terms of Section 13.4Lease, Landlord shall not be released from liability to Tenant for any damage to the extent caused by Landlord’s willful misconduct or negligence. However, in no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like.

Appears in 1 contract

Samples: Lease Agreement (Hubspot Inc)

Landlord Liability. Except in the case of the gross negligence or willful misconduct of Landlord and the extent permitted by Applicable LawsLandlord, Landlord shall not be liable to Tenant for any damage, injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any of the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. Any property stored or placed by Tenant or Tenant Parties in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section or any other Section of this Lease and subject to the terms of Section 13.4Lease, Landlord shall not be released from liability to Tenant for any damage to the extent caused by Landlord’s willful misconduct or gross negligence. However, in no event shall Landlord ever be liable for any indirect or consequential damages or loss of profits or the like.

Appears in 1 contract

Samples: Lease Agreement (EPIRUS Biopharmaceuticals, Inc.)

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Landlord Liability. Except in (a) Neither Landlord, nor the case lessors under any superior lease, nor the holders of the negligence any superior mortgages, nor any of their respective its agents, officers, directors, shareholders, partners or willful misconduct of principals (disclosed or undisclosed) (collectively, “Landlord and the extent permitted by Applicable Laws, Landlord Indemnitees”) shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any of cause whatsoever (except as otherwise provided in Section 15.3 below), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, or Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition in accordance with Section 15.3 below, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or Tenant Parties any Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Section or any other Section of this Lease and subject to Article, the terms of Section 13.4, Landlord shall not be released from liability to Tenant for any damage to the extent caused by Landlord’s willful misconduct or negligence.term “

Appears in 1 contract

Samples: Office Lease (2U, Inc.)

Landlord Liability. Except in the case of the negligence or willful misconduct of Landlord and the extent permitted by Applicable Laws, Tenant agrees that Landlord shall not be liable for injury to Tenant Tenant's business or any loss of income therefrom or for any damage, injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any of the following: repair damage to any portion goods, wares, merchandise, or other property of the Premises Tenant, or the Building; interruption in the use of the Premises or any equipment therein; any accident or damage resulting from any use or operation (by LandlordTenant's contractors, Tenant agents, employees, invitees, customers or any other person or entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. Any property stored or placed by Tenant or Tenant Parties in or about the Premises, unless such damage or loss is solely caused by Landlord, its agents, employees or representatives, nor shall Landlord be liable for injury to the person of the Tenant or to the Tenant's contractors, agents, employees, invitees, or customers whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, 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 upon the Premises or upon other portions of the Building shall be at of which the sole risk Premises are a part, or from other sources or places, regardless of whether the cause of such damage or injury or means of repairing the same is inaccessible to Tenant, and Landlord shall not in any manner be held responsible therefor. Notwithstanding the foregoing provisions of this Section or any other Section of this Lease and subject to the terms of Section 13.4, Landlord shall not be liable for any loss or damages arising from any act or neglect of any other tenant. The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Premises and Building at the time in question, and in the event of any transfers or conveyances, the then grantor shall be automatically freed and released from and after the date of such transfer or conveyance of all liability unless such liability and obligations ------ are expressly not assumed by the successor as respects the performance of any --- covenant or obligation on the part of Landlord contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns only during and in respect to Tenant for their respective successive periods of ownership. Notwithstanding any damage other provision contained herein to the extent caused contrary, in the event of a breach hereof by Landlord or the failure of Landlord to perform any of its obligations hereunder, Landlord shall have no personal liability therefor, but Tenant shall look solely to Landlord’s willful misconduct 's interest in the Building for satisfaction of any claim or negligenceloss.

Appears in 1 contract

Samples: Inspire Pharmaceuticals Inc

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