Common use of Non Liability and Indemnification Clause in Contracts

Non Liability and Indemnification. (a) Except to the extent caused by the negligence and/or willful misconduct of Landlord and/or anyone acting through or under Landlord, neither Landlord, any Superior Lessor or any Superior Mortgagee, nor any direct or indirect member, partner, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other person, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall the aforesaid parties be liable for any loss of or damage to property of Tenant or of others entrusted to employees of Landlord, (ii) any loss, injury or damage described in clause (i) above caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work, or (iii) even if negligent, consequential, special or punitive damages arising out of any loss of use of the Premises or any equipment, facilities or other Tenant’s Property therein.

Non Liability and Indemnification. (a) Except 20.01. In addition to the extent caused provisions of Article 12 of this Lease, except as set forth in the Guarantees, dated of even date herewith, by Landlord for the negligence and/or willful misconduct benefit of Landlord and/or anyone acting through or under LandlordPainx Xxxbxx, Xxc. (collectively, the "Guarantees"), neither Landlord, any Superior Lessor or any Superior Mortgagee, Landlord nor any direct or indirect memberpartner, partnerjoint venturer, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), Landlord shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other personPerson, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall except to the aforesaid parties be liable for any loss of extent caused by or damage to property of Tenant resulting from the gross negligence or of others entrusted to employees willful acts of Landlord, its agents, servants or employees in the operation or maintenance of the common areas of the Lincoln Harbor Project. Further, neither Landlord nor any partner, joint venturer, director, officer, agent, servant or employee of Landlord shall be liable (iia) for any loss, injury or damage described in clause (i) above caused by other either tenants or persons Persons in, upon or about the BuildingDemised Premises, or caused by operations in construction of any private, public or quasi-public work, ; or (iiib) even if negligent, consequential, special or punitive for consequential damages arising out of any loss of use of the Demised Premises or any equipment, equipment or facilities therein by Tenant or other any Person claiming through or under Tenant’s Property therein.

Non Liability and Indemnification. (a) Except 23.01 In addition to the extent caused provisions of Article 13 of this Lease, except as set forth in the Guarantees, dated of even date herewith, by Ground Lessor for the negligence and/or willful misconduct benefit of Landlord and/or anyone acting through or under LandlordTenant (collectively, the "Guarantees"), neither Landlord, any Superior Lessor or any Superior Mortgagee, Landlord nor any direct or indirect memberpartner, partnerjoint venturer, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), Landlord shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other personPerson, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall except to the aforesaid parties be liable for any loss of extent caused by or damage to property of Tenant or of others entrusted to employees resulting from the negligence of Landlord, its agents, servants or employees in the operating or maintenance of the Land or Building. Further, neither Landlord nor any partner, joint ventur- 37 41 er, director, officer, agent, servant or employee of Landlord shall be liable (iia) for any loss, injury or such damage described in clause (i) above caused by other tenants or persons Persons in, upon or about the Land or Building, or caused by operations in construction of any private, public or quasi-public work, ; or (iiib) even if negligent, consequential, special or punitive for consequential damages arising out of any loss of use of the Demised Premises or any equipment, equipment or facilities therein by Tenant or other any Person claiming through or under Tenant’s Property therein.

Non Liability and Indemnification. (a) Except 23.01 In addition to the extent caused provisions of Article 13 of this Lease, except as set forth in the Guarantees, dated of even date herewith, by Ground Lessor for the negligence and/or willful misconduct benefit of Landlord and/or anyone acting through or under LandlordTenant (collectively, the "Guarantees"), neither Landlord, any Superior Lessor or any Superior Mortgagee, Landlord nor any direct or indirect memberpartner, partnerjoint venturer, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), Landlord shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other personPerson, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall except to the aforesaid parties be liable for any loss of extent caused by or damage to property of Tenant or of others entrusted to employees resulting from the negligence of Landlord, its agents, servants or employees in the operating or maintenance of the Land or Building. Further, neither Landlord nor any partner, joint venturer, director, officer, agent, servant or employee of Landlord shall be liable (iia) for any loss, injury or such damage described in clause (i) above caused by other tenants or persons Persons in, upon or about the Land or Building, or caused by operations in construction of any private, public or quasi-public work, ; or (iiib) even if negligent, consequential, special or punitive for consequential damages arising out of any loss of use of the Demised Premises or any equipment, equipment or facilities therein by Tenant or other any Person claiming through or under Tenant’s Property therein.

Non Liability and Indemnification. (a) Except 23.01 In addition to the extent caused provisions of Article 13 of this Lease, except as set forth in the Guarantees, dated of even date herewith, by Ground Lessor for the negligence and/or willful misconduct benefit of Landlord and/or anyone acting through or under LandlordTenant (collectively, the "Guarantees"), neither Landlord, any Superior Lessor or any Superior Mortgagee, Landlord nor any direct or indirect memberpartner, partnerjoint venturer, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), Landlord shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other personPerson, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall except to the aforesaid parties be liable for any loss of extent caused by or damage to property of Tenant or of others entrusted to employees resulting from the negligence of Landlord, its agents, servants or employees in the operating or maintenance of the Demised Premises. Further, neither Landlord nor any partner, joint venturer, director, officer, agent, servant or employee of Landlord shall be liable (iia) for any loss, injury or such damage described in clause (i) above caused by other tenants or persons Persons in, upon or about the BuildingDemised Premises, or caused by operations in construction of any private, public or quasi-public work, ; or (iiib) even if negligent, consequential, special or punitive for consequential damages arising out of any loss of use of the Demised Premises or any equipment, equipment or facilities therein by Tenant or other any Person claiming through or under Tenant’s Property therein.