Common use of LIABILITY OF LESSOR Clause in Contracts

LIABILITY OF LESSOR. 16.1 Subject to paragraph 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 are hereby waived and released by Lessee.

Appears in 1 contract

Samples: Fundtech LTD

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LIABILITY OF LESSOR. 16.1 Subject Except in the event of Lessor's negligence or willful misconduct and subject to paragraph 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; thereunder, (b) any act or negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agentsaverts, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 are hereby waived and released by Lessee.

Appears in 1 contract

Samples: Towne Services Inc

LIABILITY OF LESSOR. 16.1 Subject to paragraph Section 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Lessee PartiesLessee's agents, contractors, subcontractors, employees, licensees and invitees; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor, its agents, servants or employees. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entrancewaysentrance ways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwiseotherwise unless caused by any act, omission or neglect of Lessor, its agents, servants or employees. Any and all claims against Lessor for any damage referred to in or injury for which Lessee has indemnified Lessor or for which Lessor is expressly not liable under this Section 16 are hereby waived and released by Lessee.

Appears in 1 contract

Samples: Harbinger Corp

LIABILITY OF LESSOR. 16.1 Subject to paragraph 9.5 hereofNotwithstanding that joint or concurrent ------------------- liability may be imposed upon Lessor by law, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants covenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 are hereby waived and released , unless willfully or negligently caused by LesseeLessor.

Appears in 1 contract

Samples: Lease (Firearms Training Systems Inc)

LIABILITY OF LESSOR. 16.1 Subject to paragraph Section 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or of negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Lessor shall not be liable to Lessee, or Lessee's agent, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessee, its agents, servants, or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to to, of, or of at the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entrancewaysentrance ways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 16, except to the extent such damage is caused by, or arises from, the gross negligence or wilful wrongdoing of Lessor or its employees, are hereby waived and released by Lessee.

Appears in 1 contract

Samples: Bioshield Technologies Inc

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LIABILITY OF LESSOR. 16.1 Subject Except in the event of Lesser's negligence or willful misconduct and subject to paragraph Section 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. Moreover, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 are hereby waived and released by Lessee.

Appears in 1 contract

Samples: Lease (Clarus Corp)

LIABILITY OF LESSOR. 16.1 Subject Except in the event of Lessor's negligence or willful misconduct and subject to paragraph 9.5 hereof, Lessee shall indemnify, defend, and hold harmless Lessor, at Lessee's expense, against (a) any default by Lessee or permitted assignee or subtenant hereunder; (b) any act or negligence of Lessee or any of the Lessee Parties; and (c) all claims for damages to persons or property by reason of the use or occupancy of the Premises not caused by Lessor. Lessee shall not be liable to Lessor, or Lessor's agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Lessor, its agents, servants or employees. MoreoverMore over, Lessor shall not be liable for any damage, injury, destruction, or theft to or of the Premises, the personal property of Lessee or any of the Lessee Parties, Lessee, or any of the Lessee Parties arising from any use or condition of the Premises, or any sidewalks, entranceways, or parking areas serving the Premises, or the act or neglect of co-tenants or any other person, or the malfunction of any equipment or apparatus serving the Premises, or any loss thereof by mysterious disappearance or otherwise. Any and all claims against Lessor for any damage referred to in this Section 16 are hereby waived and released by Lessee.

Appears in 1 contract

Samples: SQL Financials International Inc /De

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