Common use of Liability of Landlord and Tenant Clause in Contracts

Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the Property; interruption in the use of the Premises due to Force Majeure; any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building or of any other person or entity; inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the 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. Any property placed by Tenant in or about the Premises or the Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence or willful misconduct of Landlord. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

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Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any cause whatsoever, including without limitation of the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the PropertyPremises; interruption in the use of the Premises due to Force Majeureor any Common Area; any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the elevators or the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building Building, or of any other person or entity; inability to furnish any service specified in this Leasethird party; and leakage in any part of the Premises or the 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. Any property placed by Tenant in or about the Premises or the Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and any injury to the extent of any injury or damage caused by the negligence or willful misconduct of Landlord. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s 's business or for any indirect damages or consequential losses.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Office Sublease (Aspirity Holdings LLC)

Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the Property; interruption in the use of the Premises due to Force Majeure); any accident or damage resulting from any use or operation by Landlord, Tenant of the elevators or any other person or entity of the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease by reason of damage to the Premises or the BuildingBuilding (to the extent such termination is permitted under this Lease); fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building or of any other person or entityentity other than the Landlord Parties; subject to Section 6.3, failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the 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. Any property placed by Tenant in or about the Premises or the Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from any liability to Tenant for and any injury to the extent of any injury or damage caused by the negligence or willful misconduct of Landlord, nor release Landlord from Landlord’s express repair and maintenance obligations under this Lease. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Datalink Corp)

Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the The Landlord Parties shall not have any liability to Tenant for any Claims based on or arising out of any cause whatsoever, including without limitation the following: the repair or maintenance of any portion of the Premises (including the Tenant Improvements) or the Property; interruption in the use of the Premises due to Force Majeure(except as provided in this Lease); any accident or damage resulting from any use or operation by Landlord, Tenant or any other person or entity of the elevators or the heating, cooling, electrical, or plumbing systems serving the Property; termination of this Lease by reason of damage to the Premises or the Building; fire, robbery, theft, vandalism, or any other casualty; actions of any other tenant of the Building failure or of any other person or entity; inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the 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. Any property placed by Tenant in or about the Premises or the Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible thereforetherefor. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence or Landlord’s willful misconduct of Landlordor gross negligence, nor shall the foregoing release Landlord from its maintenance obligations under this Lease. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses, provided that Rent shall axxxx to the extent that Tenant is not able to use the Premises.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the A. Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including Premises, the Tenant Improvements) Building or the PropertyBuilding FF&E; interruption in the use of the Premises due to Force Majeureor any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of elevators, or the heating, cooling, electrical, sewerage, or plumbing systems serving equipment or apparatus, or the Propertylaboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental cxxxxxxx); personal injury (including disease or illness), death or property damage resulting from the operation by Tenants or its employees, agents, contractors or invitees of the Premises or the business conducted therein; termination of this the 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 to furnish any service specified in this Lease; and any leakage in any part of the Premises or the 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 pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence Landlord’s wanton or willful misconduct of Landlordmisconduct. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Eurand N.V.)

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Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the A. Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including Premises, the Tenant Improvements) Building or the PropertyBuilding FF&E; interruption in the use of the Premises due to Force Majeureor any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of elevators, server rooms, or the heating, cooling, electrical, sewerage, or plumbing systems serving equipment or apparatus, or the Propertylaboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental xxxxxxxx); any damage or loss (including without limitation loss of data from computer viruses) resulting from on in connection with Tenant’s use of the IT Services; personal injury (including disease or illness), death or property damage resulting from the operation by Tenants or its employees, agents, contractors or invitees of the Premises or the business conducted therein; termination of this the Lease by reason of damage da mage 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 to furnish any service specified in this Lease; and any leakage in any part of the Premises or the 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 pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence Landlord’s wanton or willful misconduct of Landlordmisconduct. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect or consequential damages or consequential losses.

Appears in 1 contract

Samples: Hudsonalpha Lease Agreement (Celsion CORP)

Liability of Landlord and Tenant. 10.4.1Section 1. Except only as otherwise specifically provided in this Lease, the Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees, or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including including, without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including including, but not limited to, the Tenant Leasehold Improvements) or the PropertyBuilding; interruption in the use of the Premises due to Force Majeureor any equipment therein; any an accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of the elevators or heating, cooling, electrical, sewerage, or plumbing systems serving the Propertyequipment 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 to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice ice, or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property Building shall be at the sole risk of Tenant, and Landlord shall not in in- any manner be responsible thereforetherefor. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence or Landlord’s willful misconduct of Landlordor gross negligence. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Passport Brands, Inc)

Liability of Landlord and Tenant. 10.4.1. Except only as otherwise specifically provided in this Lease, the A. Neither Landlord Parties nor any of its agents or employees shall not have any liability to Tenant Tenant, or to Tenant’s employees, agents, contractors, subtenants, invitees or customers for any Claims damage, injury, loss, or claims based on or arising out of any cause whatsoever, including without limitation limitation, the following: the repair or maintenance of to any portion of the Premises (including Premises, the Tenant Improvements) Building or the PropertyBuilding FF&E; interruption in the use of the Premises due to Force Majeureor any equipment therein (including without limitation Building FF&E); any accident or damage resulting from any use or operation by Landlord, Tenant Tenant, or any other person or entity of elevators, or the heating, cooling, electrical, sewerage, or plumbing systems serving equipment or apparatus, or the Propertylaboratory equipment (including without limitation autoclaves, fume hoods, freezers and environmental xxxxxxxx); personal injury (including disease or illness), death or property damage resulting from the operation by Tenants or its employees, agents, contractors or invitees of the Premises or the business conducted therein; termination of this the 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 to furnish any service specified in this Lease; and any leakage in any part of the Premises or the 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 pipes, or plumbing fixtures in the Premises or the Building. Any property placed by Tenant in or about the Premises or the Property Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be responsible therefore. Notwithstanding the foregoing, Landlord shall not be released from liability to Tenant for and to the extent of any injury or damage caused by the negligence Landlord’s wanton or willful misconduct of Landlordmisconduct. In no event, however, shall Landlord have any liability to Tenant on account of any claims for the interruption of or loss to Tenant’s business or for any indirect damages or consequential losses.

Appears in 1 contract

Samples: Lease Agreement (Clarient, Inc)

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