Common use of Loss or Damage Clause in Contracts

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the Premises, or damage to property of the Tenant or of others located on the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises or from the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s insurers.

Appears in 1 contract

Samples: Industrial Lease (Aqua Metals, Inc.)

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Loss or Damage. The Landlord shall or the Mortgagee (collectively or individually the “Released Person”) is not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on wherever located, whether or not resulting from (a) the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants Landlord or employees or other persons those for whom it may be in law responsible and provided that be responsible; (b) the existence of any Contaminants which are or have been located, stored or incorporated in no event shall or on any part of the Building; or (c) the exercise by the Landlord be responsible for of any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersof its rights under this Lease. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord Released Person shall not be liable for any injury or damage to persons Persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities or from the Building, including pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface the surface of any floor or ceiling of the Premises Building or from any lands adjoining the street or any other place or by any other cause whatsoeverBuilding. The Landlord In addition, the Released Person shall not be liable for any such damage caused by to or destruction of any negotiable instruments, cash or other persons valuable property belonging to the Tenant or others and stored or otherwise contained in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public workLeased Premises. All property of the Tenant kept or stored on the Leased Premises shall or in the Building will be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless the Released Person from any claims Claims arising out of any damage damages to the same such property including, without limitation, any subrogation claims by the Tenant’s insurers. The intent of this Section 6.04 is that the Tenant (and all other Persons having business with the Tenant) is to look solely to its insurers to satisfy any claim which may arise on account of death, injury, loss or damage, irrespective of its cause.

Appears in 1 contract

Samples: Office Lease (Whitney Information Network Inc)

Loss or Damage. The Notwithstanding any other provisions in this Lease or the Laws, Landlord shall not be liable for damage to or loss, theft, or destruction of property at any time in or on the Premises or in or about the building, regardless of the cause therefor (except where such cause is Landlord’s fault). Save as set out in Article 11 and without limiting the generality of the foregoing, there shall be no abatement from or reduction of Rent nor shall Tenant be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause therefor (except where such cause is Landlord’s fault) on account of fire or other casualty. Neither shall there be any claim of any nature whatsoever by Tenant against Landlord, nor any abatement nor reduction of Rent, nor recovery by Tenant from Landlord on account of partial or total failure of, damage caused by, lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, escalators or any other service, nor on account of any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, or by any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, nor on account of any damage or annoyance occasioned by the condition or arrangements of any loading docks or of any electric or other wiring, nor on account of any damage or annoyance arising from any acts, omissions, or negligence of co-tenants or other occupants of the Building, or of owners or occupants of adjacent or contiguous property, nor on account, directly or indirectly, of the making of Improvements, or structural changes to the Building, or any thing or service therein or thereon or contiguous thereto. Notwithstanding the foregoing, liability of Landlord shall under no circumstances extend to any property other than normal office furniture which term, without limiting its normal meaning, shall not include securities, specie, papers, typewriters, electrical computers, or machines or similar items. Furthermore, Landlord shall not be liable for any death or injury arising from or out of damages suffered by Tenant should any occurrence in, upon, at or relating to delay in the Premises, or damage to property of the Tenant or of others located on the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling completion of the Premises in any way delay or from inconvenience the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in the Premises or by occupants of adjacent property thereto, occupation thereof or the public, or caused by construction or by any private, public or quasi-public work. All property enjoyment of the Tenant kept Building or stored on the Premises shall be so kept accessories or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s insurersservices.

Appears in 1 contract

Samples: Learning Tree International Inc

Loss or Damage. The Landlord Municipality shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant Lessee or of others located on wherever located, whether or not resulting from (a) the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants Municipality or employees or other persons those for whom it may be in law responsible and provided that be responsible; (b) the Municipality's failure to supply any services or utilities required by this Lease where the failure is beyond the Municipality's reasonable control; (c) the existence of any hazardous or toxic substances or materials (including, without limitation, products of waste, asbestos, PCBs, radon gas or urea formaldehyde foam insulation, which is or has been located, stored or incorporated in no event shall or on any part of the Landlord be responsible for any loss, injury Building); or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained (d) the exercise by the Tenant or othersMunicipality of any of its rights under this Lease. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord Municipality shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities or from the Building, including pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface the surface of any floor or ceiling of the Premises or from Building. In addition, the street or any other place or by any other cause whatsoever. The Landlord Municipality shall not be liable for any such damage caused by to or destruction of any negotiable instruments, cash or other persons valuable property belonging to the Lessee or others and stored or otherwise contained in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public workPremises. All property of the Tenant Lessee kept or stored on the Premises shall will be so kept or stored at the risk of the Tenant Lessee only and the Tenant Lessee shall indemnify the Landlord Municipality and save it harmless from any claims arising out of any damage damages to the same including, without limitation, any subrogation claims by the Tenant’s Lessee's insurers. The intent of this Section is that the Lessee (and all other persons having business with the Lessee) is to look solely to its insurers to satisfy any claim which may arise on account of death, injury, loss or damage, irrespective of its cause.

Appears in 1 contract

Samples: Lease Agreement

Loss or Damage. The (a) Except for the negligence of the Landlord, its agents, servants, employees or those for whom it may in law be responsible, the Landlord shall not be liable or responsible in any way to the Tenant or others for (i) any injury or death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or any loss or damage to property of the Tenant or of others located on the Premises, nor shall it be responsible for any (including loss of or damage to any property use thereof) of the Tenant or others located in the Building from any cause whatsoever, except to the extent whether or not any such injury, death, injury, loss or damage which results from the gross negligence acts, omission or fault of the Landlord, or its agents, servants or servants, employees or other persons Persons for whom it may be is in law responsible and provided that in no event shall the Landlord be responsible for any lossresponsible, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without (ii) (without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for ) any injury or death to Persons or loss or damage to persons or property resulting from fire, smoke, explosion, dampness, falling plaster, falling ceiling tiletiles, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coveringsfixtures, or from steam, gas, fumes, vapours, electricity, water, rain, flood, snow snow, sleet, ice, or leaks from any rentable premises or part of the parking facilities Building, or from the any pipes, sprinklers, appliances, electrical or other wiring, plumbing works, roof, windows windows, or subsurface of any floor or ceiling of any part of the Premises Building, or from the street or any other place place, or by dampness or by any other cause whatsoever. The Landlord shall not be liable for , or (iii) any such injury, death, loss or damage caused by other persons tenants or Persons in the Premises Building, or by occupants of adjacent property thereto, or by the public, or caused by construction construction, or by any private, public or quasi-public work, or by interruption, cessation or failure of any public or other utility service or by Force Majeure. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only only, and the Tenant shall promptly indemnify and hold harmless the Landlord and save it harmless from any and all claims arising out of any loss of or damage to the same includingsuch property, including loss of use thereof, and including without limitation, any subrogation claims by the Tenant’s 's insurers. Notwithstanding anything herein provided, the liability of the Landlord pursuant to this Section 9.05 shall be limited to the amount of insurance proceeds actually received by the Landlord in respect of the foregoing.

Appears in 1 contract

Samples: Lease (Acc Corp)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the PremisesBuilding or the Lands, or damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Building or on the Lands, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent for any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law be responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b9.07(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises Building or from the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other tenants or persons in the Premises Building or on the Lands or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers.

Appears in 1 contract

Samples: Office Lease (Ace Hardware Corp)

Loss or Damage. The Landlord shall and the Owners are not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on wherever located, whether or not resulting from (a) the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants Landlord or employees the Owners or other persons those for whom it they may be in law responsible and provided that be responsible; (b) the Landlord's failure to supply any services or utilities required by this Lease where the failure is beyond the Landlord's reasonable control; (c) the existence of any hazardous or toxic substances or materials (including, without limitation, products of waste, asbestos, urea formaldehyde foam insulation, radon gas, PCBs or any other contaminant as defined in no event shall the Environmental Protection Act, R.S.O 1980, c. 141, as amended) which are or have been located, stored or incorporated in or on any part of the Building; or (d) the exercise by the Landlord be responsible for of any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersof its rights under this Lease. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, and the Landlord Owners shall not be liable for any injury or damage to persons Persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities or from the Building, including pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface the surface of any floor or ceiling of the Premises Building or from any Lands adjoining the street or any other place or by any other cause whatsoeverBuilding. The In addition, the Landlord and the Owners shall not be liable for any such damage caused by to or destruction of any negotiable instruments, cash or other persons valuable property belonging to the Tenant or others and stored or otherwise contained in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public workLeased Premises. All property of the Tenant kept or stored on the Leased Premises shall will be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and the Owners and save it them harmless from any claims arising out of any damage damages to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers. The intent of this Section is that the Tenant (and all other Persons having business with the Tenant) is to look solely to its insurers to satisfy any claim which may arise on account of death, injury, loss or damage, irrespective of its cause.

Appears in 1 contract

Samples: Industrial Lease (Iron Age Corp)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Building, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoevercause, except to the extent any unless such death, injury, loss loss, or damage which results from the gross negligence or willful misconduct of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coveringsfixtures, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows windows, or subsurface of any floor or ceiling of the Premises building or from the street or any other place or by dampness, or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall agrees to indemnify the Landlord and save hold it harmless from and against any claims arising out and all loss (including loss of Minimum Rent and Additional Rent payable in respect to the Premises), claims, actions, damages, liability, and expense of any damage kind whatsoever (including reasonable attorneys' fees and costs of any kind), UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE LANDLORD OR ITS AGENTS, arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by the Tenant or its agents or invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of the Tenant, its agents, employees, and invitees or by anyone permitted to be on the same including, without limitation, any subrogation claims Premises by the Tenant’s insurers.

Appears in 1 contract

Samples: Letter Agreement (Ameriquest Technologies Inc)

Loss or Damage. 7.06 The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or for any damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Building, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoevercause, except to the extent whether or not any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants employees, contractors, or employees or other persons others for whom it may may, in law, be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersresponsible. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons Persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coveringsfixtures, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Building or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises Building or from the street Street or any other place or by dampness or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons tenants or Persons in the Premises Building or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall releases and agrees to indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers.

Appears in 1 contract

Samples: Lease (Haemacure Corp)

Loss or Damage. The Landlord shall will not be liable for any death or injury Injury arising from or out of any occurrence in, upon, at at, or relating to the Leased Premises, or damage to property of the Tenant or of others located on the Leased Premises, nor shall will it be responsible for any loss of or damage Injury to any property of the Tenant or others from any cause whatsoever, except to unless the extent any such death, injury, loss or damage which Injury results from the gross negligence of the Landlord or the Landlord, its agents, servants or employees or other persons for whom it may be ’s Employees and is an Injury in law responsible and provided that in no event shall respect of which the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b)is, or for any indirect or consequential damages sustained by the Tenant or othersterms of this Lease ought, to have been insured. Without limiting the generality general nature of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out hereinprevious sentence, the Landlord shall will not be liable for any injury or damage Injury to persons Persons, or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Leased Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises or from the street or any other place place, or any dampness or by any other cause whatsoever. The Landlord shall will not be liable for any such damage Injury caused by other persons tenants or Persons in the Leased Premises or by occupants of adjacent property theretoproperty, or the public, or caused by construction or by any private, public or quasi-quasi public work. All of the property of the Tenant kept or stored on the Leased Premises shall will be so kept or stored at the risk of the Tenant only only, and the Tenant shall will indemnify the Landlord and save it harmless from any claims Claims arising out of any damage Injury to the same that property including, without limitationbut not limited to, any subrogation claims Claims by the Tenant’s insurers.

Appears in 1 contract

Samples: Industrial Lease (Dirtt Environmental Solutions LTD)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Building, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoevercause, except to the extent any such deathUNLESS SUCH DEATH, injuryINJURY, loss or damage which results from the gross negligence of the LandlordLOSS, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersOR DAMAGE RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE LANDLORD OR ITS AGENTS. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coveringsfixtures, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows windows, or subsurface of any floor or ceiling of the Premises Building or from the street or any other place or by dampness, or by any other cause whatsoever. The Tenant agrees to indemnify Landlord shall not be liable for and hold it harmless from and against any such damage caused and all loss (including loss of Minimum Rent and additional rent payable in respect to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys' fees and costs at all tribunal levels), UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS AGENTS, arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by other persons in Tenant or its agents or invitees of the Premises or by occupants of adjacent property theretoany part thereof, or the publicoccasioned wholly or in part by any act or omission of Tenant its agents, or caused by construction employees, and invitees or by any private, public or quasi-public work. All property of the Tenant kept or stored anyone permitted to be on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s insurersXxxxxx.

Appears in 1 contract

Samples: Lease (Intellicell Corp)

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Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Property or the Leased Premises, or damage to property of the Tenant or of others located on the Premises, Leased Premises nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent unless any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or servants, employees or other persons for whom it may be in law be responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated is not covered by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersTenant’s insurance. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to any persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Leased Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises or from the street or any other place or by dampness or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other tenants or persons in on the Premises Property or by occupants of adjacent property thereto, or the public, or caused by construction construction, or caused by any private, public or quasi-public workwork or utility, including any interruption, cessation or failure of same. All property of the Tenant kept or stored on the Leased Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify and save the Landlord and save it harmless from any claims arising out of any damage damages to the same including, without limitation, any subrogation claims by the Tenant’s insurers. The contents of this section shall survive the termination or surrender of this Lease notwithstanding anything in this Lease to the contrary.

Appears in 1 contract

Samples: Lease Agreement (NPS Pharmaceuticals Inc)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the Leased Premises, or damage to property of the Tenant or of others located on or in the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent for any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law be responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b7.07(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, foregoing but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Leased Premises or from the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in on the Leased Premises or by occupants of adjacent property thereto, thereto (save to the extent such other persons or occupants are persons for whom the Landlord is otherwise at law responsible) or the public, or caused by construction by persons other than the Landlord or those for whom it is at law responsible or by any private, public or quasi-public work. All Subject to the foregoing, all property of the Tenant kept or stored on the Leased Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers.

Appears in 1 contract

Samples: Basic Lease Terms (Certicom Corp)

Loss or Damage. The Subject to Section 9.4, Landlord shall not be liable for damage to or loss, theft, or destruction of property at any time in or on the Premises or in or about the Building, regardless of the cause therefor (except where such cause is Landlord’s fault). Except as set out in Article 11, and Section 9.4 and without limiting the generality of the foregoing, there shall be no abatement from or reduction of Rent nor shall Tenant be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause therefor (except LANDLORD TENANT RA PO where such cause is Landlord’s fault) on account of fire or other casualty. Neither shall there be (except where such claim results of Landlord’s fault) any claim of any nature whatsoever by Tenant against Landlord, nor any abatement nor reduction of Rent, nor recovery by Tenant from Landlord on account of partial or total failure of, damage caused by, lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, escalators or any other service, nor on account of any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, or by any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, nor on account of any damage or annoyance occasioned by the condition or arrangements of any loading docks or of any electric or other wiring, nor on account of any damage or annoyance arising from any acts, omissions, or negligence of co-tenants or other occupants of the Building, or of owners or occupants of adjacent or contiguous property, nor on account, directly or indirectly, of the making of Improvements, or structural changes to the Building, or any thing or service therein or thereon or contiguous thereto. Except when damages result of Landlord’s fault, liability of Landlord shall under no circumstances extend to any property other than normal office furniture which term, without limiting its normal meaning, shall not include securities, specie, papers, typewriters, electrical computers, or machines or similar items. Except when damages result of Landlord’s fault, Landlord shall not be liable for any death or injury arising from or out of damages suffered by Tenant should any occurrence in, upon, at or relating to delay in the Premises, or damage to property of the Tenant or of others located on the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling completion of the Premises in any way delay or from inconvenience the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in the Premises or by occupants of adjacent property thereto, occupation thereof or the public, or caused by construction or by any private, public or quasi-public work. All property enjoyment of the Tenant kept Building or stored on the Premises shall be so kept accessories or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s insurersservices.

Appears in 1 contract

Samples: Agreement of Lease (Enerkem Inc.)

Loss or Damage. The Landlord, its agents, officers, employees, contractors and others for whom the Landlord is legally responsible shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the PremisesComplex, or damage to property of the Tenant or of others located on the PremisesLeased Premises or elsewhere in the Complex, nor shall it or they be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent for any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons officers, employees, contractors and others for whom it may be in law the Landlord is legally responsible and provided that in no event shall the Landlord, its agents, officers, employees, contractors and others for whom the Landlord is legally responsible be responsible for any loss, injury or damage contemplated by Section 14.7(b7.07(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities Parking Garage or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises Complex or from the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other tenants or persons in the Premises Complex or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Leased Premises or elsewhere in the Complex shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers.

Appears in 1 contract

Samples: Office Lease Agreement (Daleen Technologies Inc)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Building, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoevercause, except to the extent any unless such death, injury, loss loss, or damage which results from the gross negligence or willful misconduct of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coveringsfixtures, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows windows, or subsurface of any floor or ceiling of the Premises Building or from the street or any other place or by dampness, or by any other cause whatsoever, unless such death, injury, loss, or damage results from the gross negligence or willful misconduct of Landlord. The Tenant agrees to indemnify Landlord shall not be liable for and hold it harmless from and against any such damage and all loss (including loss of rent payable in respect to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys' fees and costs at all tribunal levels), unless caused by other persons in the gross negligence or willful misconduct of Landlord, arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its agents or invitees of the Premises or by occupants of adjacent property theretoany part thereof, or the publicoccasioned wholly or in part by any act or omission of Tenant its agents, or caused by construction employees, and invitees or by any private, public or quasi-public work. All property of the Tenant kept or stored anyone permitted to be on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s insurers.

Appears in 1 contract

Samples: Office Lease (Championship Auto Racing Teams Inc)

Loss or Damage. The Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the PremisesLand, Building or Project, or damage to property of the Tenant or of others located on the PremisesPremises or elsewhere in the Land, Building or Project, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants or employees or other persons for whom it may be in law responsible and provided that in no event shall the Landlord be responsible for any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or others. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, the Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or the parking facilities or from the pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface of any floor or ceiling of the Premises Building or from the street or any other place or by any other cause whatsoever. The Landlord shall not be liable for any such damage caused by other persons in the Premises Building or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public work. All property of the Tenant kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and each other Indemnified Party and save it harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers.

Appears in 1 contract

Samples: Guaranty Agreement (CUI Global, Inc.)

Loss or Damage. The Landlord shall and the Owners are not be liable for any death or injury arising from or out of any occurrence in, upon, at at, or relating to the Premises, Building or damage to property of the Tenant or of others located on wherever located, whether or not resulting from (a) the Premises, nor shall it be responsible for any loss of or damage to any property of the Tenant or others from any cause whatsoever, except to the extent any such death, injury, loss or damage which results from the gross negligence of the Landlord, its agents, servants Landlord or employees the Owners or other persons those for whom it they may be in law responsible and provided that be responsible; (b) the Landlord's failure to supply any services or utilities required by this Lease where the failure is beyond the Landlord's reasonable control; (c) the existence of any Hazardous Substances which are or have been located, stored or incorporated in no event shall or on any part of the Building; or (d) the exercise by the Landlord be responsible for of any loss, injury or damage contemplated by Section 14.7(b), or for any indirect or consequential damages sustained by the Tenant or othersof its rights under this Lease. Without limiting the generality of the foregoing, but subject to the exceptions to the limitation of the liability of the Landlord set out herein, and the Landlord Owners shall not be liable for any injury or damage to persons Persons or property resulting from fire, explosion, dampness, falling plaster, falling ceiling tile, falling ceiling fixtures (including part or all of the ceiling T grid system) and diffuser coverings, or from steam, gas, electricity, water, rain, flood, snow or leaks from any rentable premises or part of the parking facilities or from the Building, including pipes, sprinklers, appliances, plumbing works, roof, windows or subsurface the surface of any floor or ceiling of the Premises Building or from any Lands adjoining the street or any other place or by any other cause whatsoeverBuilding. The In addition, the Landlord and the Owners shall not be liable for any such damage caused by to or destruction of any negotiable instruments, cash or other persons valuable property belonging to the Tenant or others and stored or otherwise contained in the Premises or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi-public workLeased Premises. All property of the Tenant kept or stored on the Leased Premises shall will be so kept or stored at the risk of the Tenant only and the Tenant shall indemnify the Landlord and the Owners and save it them harmless from any claims arising out of any damage damages to the same including, without limitation, any subrogation claims by the Tenant’s 's insurers. The intent of this Section is that the Tenant (and all other Persons having business with the Tenant) is to look solely to its insurers to satisfy any claim which may arise on account of death, injury, loss or damage, irrespective of its cause.

Appears in 1 contract

Samples: Infowave Software Inc

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