No LESSOR Liability. LESSOR will not be liable for any loss or expense, or any loss of profit, arising from any delay or failure in Delivery to LESSEE unless such delay or failure arises as a consequence of the willful misconduct of LESSOR, and in no event will LESSOR be liable for any delay or failure which is caused by any breach or delay on the part of Manufacturer or any BFE supplier.
No LESSOR Liability. 11 3.5 Total Loss of Aircraft prior to Delivery......................11 3.6
No LESSOR Liability. Lessor shall have no liability for any loss, damage or expense, or any loss of profit, arising from any delay or failure in Delivery to Lessee unless such delay or failure arises as a direct consequence of the willful misconduct or breach of any obligation under this Lease of or by Lessor, and in no event shall Lessor be liable for any delay or failure which is caused by any breach of this Lease or delay on the part of Lessee or Lessee’s Parent or by any breach of the Purchase Agreement or the Purchase Agreement Assignment other than by Lessor.
No LESSOR Liability. Xxxxxx agrees that Lessor shall not be liable for any personal injuries or other damages sustained by Lessee or any third party related to Xxxxxx’s Event, use of the Event Venue, the provision or rendering of any of the services, personnel, or staff, as specified in this Agreement, or for any other cause. Furthermore, Lessee specifically acknowledges that Lessor shall not be liable for any delays or failures to provide services or equipment on account of any event of “force majeure”, including, but not limited to, fire, flood, natural disaster or epidemic, labor dispute or strike, act of God or public enemy, riot or civil disturbance, war, order of any court or jurisdiction, or any other cause not within Lessor’s control. In liability of Lessor, if any, for any reason related to this Agreement shall be limited to the amount of Lessee’s payments to Lessor under the terms of this Agreement for the Event.
No LESSOR Liability. Notwithstanding any contrary provision above, Lessee’s rights under this Article 10 is against the condemning authority, and not against Lessor.
No LESSOR Liability. LESSOR will not be liable for any loss or expense, or any loss of profit, arising from any delay or failure in Delivery to LESSEE unless such delay or failure arises as a direct consequence of the willful misconduct of LESSOR; provided, however, in the event LESSOR receives compensation, including without limitation penalty rent, if any, from Prior Lessee as a result of Prior Lessee's delay in returning the Aircraft, after LESSOR has deducted a sum equal to the Rent LESSOR would have received from LESSEE on a daily basis had the Aircraft been delivered on time, LESSOR will pay to LESSEE any such compensation which LESSOR receives from Prior Lessee.
No LESSOR Liability. Lessor shall not be liable for any labor, services, or materials furnished or to be furnished to Lessee or to any sublessee in connection with any work performed on or at the Demised Premises, and no mechanic's lien or other lien or encumbrance for any labor, services or materials shall attach to or affect the Lessor’s leasehold interest or the Lessor’s fee estate or reversion in the Demised Premises.
No LESSOR Liability. Notwithstanding any of the provision of this Article 9, Lessor shall not be liable to Lessee for any damage or loss of Lessee’s crop for any reason.
No LESSOR Liability. Lessor shall not be liable for any loss, cost, damage, or expense incurred or claimed by Lessee or any other person or party on account of the construction or installation of the Alterations. Lessee hereby acknowledges and agrees that the compliance of the Alterations and Lessee's Plans, with all applicable governmental laws, codes, and regulations shall be solely Lessee's responsibility. Lessor assumes no liability or responsibility resulting from the failure of the Lessee to comply with all applicable governmental laws, codes and regulations or for any defect in any of the Alterations. Lessee further agrees to indemnify, defend, and hold harmless Lessor from all losses, liabilities, actions, damages, costs and expenses claimed, asserted, or arising in connection with any of the foregoing. PAGE 28 Initials _________ FORM STN-6-2/97 LESSOR: LESSEE: XXXXX CANYON PROPERTIES, LLC, PETCO ANIMAL SUPPLIES, INC., a California limited liability company a Delaware corporation By: /s/ XXXXX X. XXXXX By: /s/ XXXXXXX X. XXXXX ----------------------------- --------------------------------------------- Xxxxx X. Xxxxx Xxxxxxx X. Xxxxx, as Trustee of the Executive Vice President and Xxxxxxx X. and Xxxxxx X. Xxxxx Family Trust, Chief Financial Officer Manager By: /s/ XXXX X. XXXXXX By: /s/ XXXXX XXXXXX ----------------------------- --------------------------------------------- Xxxx X. Xxxxxx Xxxxx Xxxxxx Vice President - Real Estate Manager PAGE 29 Initials _________ FORM STN-6-2/97
No LESSOR Liability. Lessor shall not be liable for any loss, cost, damage, or expense incurred or claimed by Lessee or any other person or party on account of the construction or installation of the Tenant Improvements or any other improvements to the Premises made by Lessee, except to the extent caused by Lessor’s negligence, recklessness or intentional acts. Lessee agrees and understands that Lessor shall not be the guarantor of, nor responsible for, the correctness or accuracy of any Plans, the compliance of such Plans with applicable laws or the operation of the Tenant Improvements in the Premises. Lessor assumes no liability or responsibility resulting from the failure of the Lessee to comply with applicable governmental laws, codes and regulations or for any defect in any of the Tenant Improvements or other alteration to the Premises made by Lessee. Notwithstanding the foregoing, Lessor shall enforce for the benefit of Lessee all contracts, warranties, indemnities and guaranties applicable to the design and construction of the Tenant Improvements. Lessee shall indemnify, defend and hold Lessor harmless from and against claims for personal injury or property damage to the extent caused by Lessee’s gross negligence and intentional misconduct in connection with its entry onto and activities on the Premises during the construction of the Tenant Improvements.
