Common use of Liability of Landlord and Tenant Clause in Contracts

Liability of Landlord and Tenant. Tenant agrees to look only to Landlord’s interest in the Land and Building (and any insurance and sale proceeds related thereto and any rents and profits derived therefrom) for satisfaction of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord from time to time transfers its interest in the Land and Building (or part thereof which includes the Premises), then from and after each such transfer Tenant shall look solely to the interests in the Land and Building of each of Landlord’s transferees for the performance of all of the obligations of Landlord hereunder (or under any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. Except for the gross negligence or willful misconduct of Landlord or any of the Landlord Indemnitees (as such term is defined in Section 5.5.1), Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any injury or damage to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs and expenses are indirect and consequential damages under the terms of this Lease and no other property assets of Landlord shall be subject to levy, execution or other enforcement procedures for satisfaction of any judgment or decree in favor of Tenant. The shareholders, partners, members, trustees, or other beneficial owners of Tenant shall have no obligation or liability hereunder for the obligations and liabilities of Tenant under this Lease. Notwithstanding anything to the contrary in the Lease, Tenant shall not be liable to Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and 8.1 and Article VII.

Liability of Landlord and Tenant. Tenant agrees shall defend, indemnify and hold harmless Landlord, its employees and agents from and against any and all third-party claims, actions, damages, liability and expense (including all reasonable attorney’s fees, expenses and liabilities incurred in defense of any such claim or any action or proceeding brought thereon) arising from (i) any breach or default in the performance of any obligation of Tenant’s part to look only he performed under the terms of this Lease, and (ii) any negligence or willful act of Tenant or any of Tenant’s agents contractors, employees or invitees. Without limiting the generality of the foregoing, Tenant’s obligations shall include any case in which Landlord shall be made a party to any litigation commenced by or against Tenant, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Tenant shall defend, indemnify and hold harmless Landlord, and shall pay all costs, expenses and reasonable attorney’s fees incurred or paid by Landlord in connection with such litigation, after notice to Tenant and Tenant’s refusal to defend such litigation, and upon notice from Landlord shall defend the same at Tenant’s expense by counsel satisfactory to Landlord. Landlord shall defend, indemnify and hold harmless Tenant and its respective employees and agents from and against any and all third-party claims, actions, damages, liability and expense (including all attorney’s interest fees, expenses and liabilities incurred in defense of any such claim or any action or proceeding brought thereon) arising from (i) any breach or default in the Land and Building (and any insurance and sale proceeds related thereto and any rents and profits derived therefrom) for satisfaction performance of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord from time to time transfers its interest in the Land and Building (or part thereof which includes the Premises), then from and after each such transfer Tenant shall look solely to the interests in the Land and Building of each obligation of Landlord’s transferees for part to be performed under the performance terms of all of the obligations of Landlord hereunder this Lease, and (or under ii) any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. Except for the gross negligence or willful misconduct act of Landlord or any of Landlord’s agents, contractors, employees or invitees without limiting the Landlord Indemnitees (as such term is defined generality of the foregoing, Landlord’s obligations shall include any case in Section 5.5.1)which Tenant shall be made a party to any litigation commenced by or against Landlord, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Landlord shall not be liable to defend, indemnify and hold harmless Tenant and shall pay all costs, expenses and reasonable attorneys fees incurred or paid by Tenant hereby waives all claims against Landlord for any injury or damage in connection with such litigation, after notice to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs Landlord’s refusal to defend such litigation, and expenses are indirect and consequential damages under the terms of this Lease and no other property assets of Landlord shall be subject to levy, execution or other enforcement procedures for satisfaction of any judgment or decree in favor of Tenant. The shareholders, partners, members, trustees, or other beneficial owners of upon notice from Tenant shall have no obligation or liability hereunder for defend the obligations and liabilities of Tenant under this Lease. Notwithstanding anything same at Landlord’s expense by counsel reasonably satisfactory to the contrary in the Lease, Tenant shall not be liable to Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and 8.1 and Article VIITenant.

Liability of Landlord and Tenant. Tenant agrees shall neither assert nor seek to look only to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Land Building or the proceeds thereof, and Building (and any insurance and sale proceeds related thereto and any rents and profits derived therefrom) Tenant agrees to look solely to such interest for the satisfaction of any claim against liability of Landlord hereunder or under this Lease, it being specifically agreed that neither Landlord, nor any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets successor holder of Landlord. If Landlord ’s interest hereunder, nor any beneficiary of any Trust of which any person from time to time transfers its holding Landlord’s interest in is Trustee, nor any such Trustee, nor any member, manager, partner, director or stockholder nor Landlord’s managing agent shall ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or Landlord’s successors-in-interest, or to take any other action which shall not involve the Land and Building (personal liability of Landlord, or part thereof which includes the Premises), then from and after each such transfer Tenant shall look solely to the interests in the Land and Building of each any successor holder of Landlord’s transferees for the performance of all of the obligations of Landlord hereunder (or under any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trusteesinterest hereunder, or beneficiaries of any beneficiary of any trust of which any person from time to time holding Landlord’s interest is Trustee, or of any such Trustee, or of any manager, member, partner, director or stockholder of Landlord or of any successorLandlord’s managing agent, individuallyto respond in monetary damages from Landlord’s assets other than Landlord’s interest in said Building, as aforesaid, but only upon Landlord’s in no event shall Tenant have the right to terminate or such successor’s interest described above. Except for the gross negligence cancel this Lease or willful misconduct to withhold rent or to set-off any claim or damages against rent as a result of any default by Landlord or breach by Landlord of its covenants or any warranties or promises hereunder, except: (i) as expressly provided in this Lease, and (ii) in the case of a wrongful eviction of Tenant from the demised premises (constructive or actual) by Landlord Indemnitees (as such term is defined in Section 5.5.1), continuing after notice to Landlord thereof and a reasonable opportunity for Landlord to cure the same. Landlord shall not be liable neither assert nor seek to Tenant and Tenant hereby waives all claims enforce any claim for breach of this Lease against Landlord for any injury officer, director, stockholder or damage to any person or property whatsoeveremployee of Tenant. In no event shall either Landlord or Tenant ever be liable to the other for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs and expenses are indirect and consequential damages under or loss of profits or the terms of this Lease and no other property assets of Landlord shall be subject to levy, execution or other enforcement procedures for satisfaction of any judgment or decree in favor of Tenant. The shareholders, partners, members, trustees, or other beneficial owners of Tenant shall have no obligation or liability hereunder for the obligations and liabilities of Tenant under this Lease. Notwithstanding anything to the contrary in the Lease, Tenant shall not be liable to Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and 8.1 and Article VIIlike.

Liability of Landlord and Tenant. Tenant agrees to look only to Landlord’s interest Except as provided for in the Land and Building (and any insurance and sale proceeds related thereto and any rents and profits derived therefrom) for satisfaction final paragraph of any claim against Landlord hereunder or under any other instrument related to the Lease (including any separate agreements among the parties and any notices or certificates delivered by Landlord) and not to any other property or assets of Landlord. If Landlord from time to time transfers its interest in the Land and Building (or part thereof which includes the Premises), then from and after each such transfer Tenant shall look solely to the interests in the Land and Building of each of Landlord’s transferees for the performance of all of the obligations of Landlord hereunder (or under any related instrument). The obligations of Landlord shall not be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. Except for the gross negligence or willful misconduct of Landlord or any of the Landlord Indemnitees (as such term is defined in Section 5.5.1)this paragraph #10, Landlord shall not be liable to Tenant in any manner whatsoever for failure to furnish or delay in furnishing any service provided for in this Lease and no such failure or delay shall constitute an actual or constructive eviction of Tenant nor shall any such failure or delay operate to relieve Tenant from the prompt and punctual performance of each and all the covenants to be performed herein by Tenant. Except as provided in the final paragraph of this paragraph #10, Landlord shall not be liable to Tenant for damage to person or property caused by defects in the cooling, heating, electric, water or other system or apparatus or by water discharged from sprinkler systems, if any, in the Building or from any water pipes nor for the theft, mysterious disappearance, or loss of any property of Tenant whether from the Premises or any part of the Building or property adjoining the Building. Landxxxx xxxees to make reasonable efforts to protect Tenaxx xxxm interference or disturbance by third persons including other tenants. Landlord shall not, however, be liable for any such interference or disturbance whether caused by another tenant or tenants of Landlord or other person, nor shall Tenant be relieved from any obligation herein because of such interference, disturbance or breach. Tenant and Landlord shall indemnify each other against any liability or expense of any nature due to the breach of any covenant in this Lease required to be performed by the Indemnitor. Tenant shall indemnify the Landlord against any liability or expense of any nature due to Tenants use or occupancy of the premises. Landlord shall not be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person who may at any time be using or occupying or visiting the Premises, the Building or the Project or be in, on or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of Tenant or of any occupancy, tenant, visitor or user of any portion of the Premises, the Building or the Project, except those arising by reason of the negligence or willful act of Landlord, its agents or employees. Tenant shall forever indemnify, defend, hold and save Landlord free and harmless of, from and against any and all claims, liabilities, actions, expenses, losses or damages whatsoever on account of or in connection with any such loss, injury, death or damage, except those arising by reason of the negligence or willful act of Landlord, its agents or employees. Tenant hereby waives all claims against Landlord for any injury damages to the furniture, furnishings or damage other property of Tenant in, upon or about the Premises, and for injuries to any person persons or property whatsoeverin or about the Premises, the Building or the Project, from any cause arising at any time, except those arising by reason of the negligence or willful act of Landlord, its agents or employees. In no event shall Notwithstanding any provision of the Lease to the contrary, if Landlord ever be liable for fails to provide Tenant with any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs and expenses are indirect and consequential damages under of the terms of this Lease and no other property assets services required of Landlord shall be subject to levyherein, execution or other enforcement procedures for satisfaction of any judgment or decree in favor of Tenant. The shareholders, partners, members, trustees, or other beneficial owners of then Tenant shall have no obligation or liability hereunder for provide Landlord with written notice of such failure, and, provided such failure is a result of a cause within the obligations and liabilities reasonable control of Tenant under this Lease. Notwithstanding anything Landlord, if Landlord has not diligently commenced to the contrary in the Lease, Tenant shall not be liable to Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and 8.1 and Article VII.cure such failure

Liability of Landlord and Tenant. Landlord and Tenant agrees hereby mutually waive any and all right of recovery against one another based upon the negligence of either Landlord or Tenant or their agents or employees for real or personal property loss or damage occurring to look only the Premises or the Building or any part thereof or any personal property located therein from perils insured against in standard fire and extended coverage, vandalism and malicious mischief and sprinkler leakage insurance contracts (commonly referred to Landlord’s interest as "all risk") issued in the Land State of Missouri (whether or not such insurance is carried). Landlord and Building (Tenant shall request that their respective insurance carriers consent to a waiver of all rights of subrogation against each other by inclusion of such a clause in their respective policies or by endorsements thereto. Tenant shall defend and indemnify Landlord and save it harmless from and against any insurance and sale proceeds related thereto and any rents and profits derived therefrom) for satisfaction all claims by or on behalf of any claim against Landlord hereunder person or under persons, firm or firms or corporation or corporations, arising from Tenant's use of the Premises or the conduct of its business or from any other instrument related to the Lease (including any separate agreements among the parties and any notices activity, work or certificates delivered thing done, permitted or suffered by Landlord) and not to any other property Tenant in or assets of Landlord. If Landlord from time to time transfers its interest in the Land and Building (or part thereof which includes about the Premises), then from and after each such transfer Tenant shall look solely to the interests in the Land will further indemnify and Building of each of Landlord’s transferees for save Landlord harmless against the performance of all of the obligations of Landlord hereunder (any covenant or under any related instrument). The obligations of Landlord shall not agreement on Tenant's part to be binding on any partners, mortgagees, members, managers, directors, officers, trustees, or beneficiaries of Landlord or of any successor, individually, but only upon Landlord’s or such successor’s interest described above. Except for the gross negligence or willful misconduct of Landlord or any of the Landlord Indemnitees (as such term is defined in Section 5.5.1), Landlord shall not be liable performed pursuant to Tenant and Tenant hereby waives all claims against Landlord for any injury or damage to any person or property whatsoever. In no event shall Landlord ever be liable for any indirect or consequential damages. It is expressly agreed by Landlord and Tenant that business interruption costs and expenses are indirect and consequential damages under the terms of this Lease or arising from any act or negligence of Tenant or any of its agents, contractors, servants, employees or licensees, and no other property assets from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord; provided that the foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or defense resulting from injuries to third parties caused solely by the negligence of Landlord or any officer, contractor, licensee, agent, servant, employee, guest, invitee or visitor of Landlord. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or non-performance by Landlord shall be subject to levy, execution or other enforcement procedures for satisfaction collectible only out of any judgment or decree in favor of Tenant. The shareholders, partners, members, trustees, or other beneficial owners of Tenant shall have no obligation or liability hereunder for the obligations and liabilities of Tenant under this Lease. Notwithstanding anything to the contrary Landlord's interest in the LeaseBuilding, Tenant shall not and no personal liability is assumed by or at any time may be liable to asserted against Landlord under this Lease for indirect or consequential damages except under Sections 5.2 and 8.1 and Article VIIits agents.