Common use of LIMITATION ON LANDLORD'S LIABILITY AND RELEASE Clause in Contracts

LIMITATION ON LANDLORD'S LIABILITY AND RELEASE. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord, its partners, agents, successors and officers from any and all liability, whether in contract, tort, or on any other basis, for any injury to or damage sustained by Tenant, its agents, employees, contractors or invitees; or any damage to Tenant's or such person's or entity’s property; resulting from or attributable to the condition of, the management of, the maintenance of, or the protection of the Premises, the Building, the Project or the Common Areas, or any act or omission of the Landlord its partners, agents, successors, or officers, including but not limited to, without limitation, any such injury, damage or loss resulting from: (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, electrical current, water, gas or other utility service to the Project, the Building or the Premises from whatever cause; (ii) the vandalism or forcible entry into the Building or the Premises by Landlord or third parties; (iii) the penetration of water into or onto any portion of the Premises through roof leaks, frozen, cut or burst pipes, or otherwise; (iv) the failure to provide security and/or adequate lighting in or about the Project, the Building or the Premises; (v) the existence of any design or construction defects within the Project, the Building or the Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); or (vii) the blockage of access to any portion of the Project, the Building or the Premises; or (viii) Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease unless the requirements of section 12.3

Appears in 2 contracts

Samples: Industrial Space Lease (SOS Hydration Inc.), Industrial Space Lease

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LIMITATION ON LANDLORD'S LIABILITY AND RELEASE. Except to the extent of the active negligence or willful misconduct of Landlord or its agents or contractors or a breach of Landlord's obligations under the Lease, Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord, Landlord and its partners, agents, successors partners and officers from from, any and all liability, whether in contract, tort, tort or on any other basis, for any injury to or any damage sustained by Tenant, its agents, employees, contractors or invitees; or any damage to Tenant's or such person's or entity’s property; or any loss to Tenant's business, loss of Tenant's profits or other financial loss of Tenant resulting from or attributable to the condition of, the management of, the maintenance of, or the protection of the Leased Premises or the failure of any component of the Premises, the Building, the Project or the Common Areas, or any act or omission of the Landlord its partners, agents, successors, or officers, including but not limited toincluding, without limitation, any such injury, damage or loss resulting from: from (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, electrical current, water, gas or other utility service to the Project, the Building or the Premises from whatever causeLeased Premises; (ii) the vandalism or forcible entry into the Building or the Premises by Landlord or third partiesLeased Premises; (iii) the penetration of water into or onto any portion of the Leased Premises through roof leaks, frozen, cut or burst pipes, leaks or otherwise; (iv) the failure to provide security and/or adequate lighting in or about the Project, the Building or the Leased Premises; (v) the existence of any design or construction defects within the Project, the Building or the Leased Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); or (vii) the blockage of access to any portion of the Project, the Building or the Leased Premises; or (viii) Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease unless the requirements of section 12.3.

Appears in 1 contract

Samples: Va Linux Systems Inc

LIMITATION ON LANDLORD'S LIABILITY AND RELEASE. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord, Landlord and its partners, agents, successors partners and officers from from, any and all liability, whether in contract, tort, tort or on any other basis, for any injury to or any damage sustained by Tenant, its agents, employees, contractors or invitees; or any damage to Tenant's or such person's or entity’s property; or any loss to Tenant’s business, loss of Tenant’s profits or other financial loss of Tenant resulting from or attributable to the condition of, the management of, the maintenance of, or the protection of the Leased Premises or the failure of any component of the Premises, the Building, the Project or the Common Areas, or any act or omission of the Landlord its partners, agents, successors, or officers, including but not limited toincluding, without limitation, any such injury, damage or loss resulting from: from (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, electrical current, water, gas or other utility service to the Project, the Building or the Premises from whatever causeLeased Premises; (ii) the vandalism or forcible entry into the Building or the Premises by Landlord or third partiesLeased Premises; (iii) the penetration of water into or onto any portion of the Leased Premises through roof leaks, frozen, cut or burst pipes, leaks or otherwise; (iv) the failure to provide security and/or adequate lighting in or about the Project, the Building or the Leased Premises; (v) the existence of any design or construction defects within the Project, the Building or the Leased Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); or (vii) the blockage of access to any portion of the Project, the Building or the Leased Premises; or (viii) Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease unless the requirements of section 12.3.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

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LIMITATION ON LANDLORD'S LIABILITY AND RELEASE. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord, Landlord and its partners, agents, successors partners and officers from from, any and all liability, whether in contract, tort, tort or on any other basis, for any injury to or any damage sustained by Tenant, its agents, employees, contractors or invitees; or any damage to Tenant's or such person's or entity’s property; or any loss to Tenant's business, loss of Tenant's profits or other financial loss of Tenant resulting from or attributable to the condition of, the management of, the maintenance of, or the protection of the Leased Premises or the failure of any component of the Premises, the Building, the Project or the Common Areas, or any act or omission of the Landlord its partners, agents, successors, or officers, including but not limited toincluding, without limitation, any such injury, damage or loss resulting from: from (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, electrical current, water, gas or other utility service to the Project, the Building or the Premises from whatever causeLeased Premises; (ii) the vandalism or forcible entry into the Building or the Premises by Landlord or third partiesLeased Premises; (iii) the penetration of water into or onto any portion of the Leased Premises through roof leaks, frozen, cut or burst pipes, leaks or otherwise; (iv) the failure to provide security and/or adequate lighting in or about the Project, the Building or the Leased Premises; (v) the existence of any design or construction defects within the Project, the Building or the Leased Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); or (vii) the blockage of access to any portion of the Project, the Building or the Leased Premises; or (viii) Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease unless the requirements of section 12.3.

Appears in 1 contract

Samples: Lease (Centillium Communications Inc)

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