Common use of Personal Property at Tenant’s Risk Clause in Contracts

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by Tenant or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property"), shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 7 contracts

Samples: Non Disturbance and Attornment Agreement (Genzyme Corp), Lease (BioMed Realty Trust Inc), Lease (BioMed Realty Trust Inc)

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Personal Property at Tenant’s Risk. All Tenant hereby assumes all risk of the loss, damage or destruction to all furnishings, fixtures, equipment, effects and property of every kind, nature and description owned brought to the Premises or leased installed in the Premises by or on behalf of Tenant or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property"), shall, as between the parties, be at the sole risk and hazard of Tenant and if . If the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part Tenant shall hold harmless and indemnify Landlord from and against any and all injury, loss, damage or liability to Tenant and all other persons or entities arising out of said loss or damage is to be charged to or to be borne by Landlorddamage, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other personperson or entity, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage prohibited by law or liability is arising from the result of the gross negligence or willful misconduct of LandlordLandlord or its agents, its contractorsservants or invitees, agents or employees, or subject however (ii) such indemnification, agreement to hold harmless or exoneration is the extent not prohibited by law) to the provisions of Section 4.6.

Appears in 3 contracts

Samples: Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by Tenant or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property")Premises, shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 2 contracts

Samples: Lease (BioMed Realty Trust Inc), Millennium Pharmaceuticals Inc

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature nature, and description owned or leased by of Tenant or by any person and of all persons claiming by, through or and under Tenant which, during the continuance of this Lease or any occupancy of the Leased Premises by Tenant or anyone claiming under Tenant, may be on the Leased Premises (collectivelyor elsewhere in the Building, "Tenant's Property"), shall, as between the parties, shall be at the sole risk and hazard of Tenant to the maximum extent permitted by law, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from for any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injuryindemnity, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 2 contracts

Samples: Lease (Rhythm Pharmaceuticals, Inc.), Lease (Rhythm Pharmaceuticals, Inc.)

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature nature, and description owned or leased by of Tenant or by any person and of all persons claiming by, through or and under Tenant which, during the continuance of this Lease or any occupancy of the Leased Premises by Tenant or anyone claiming under Tenant, may be on the Leased Premises (collectivelyor elsewhere in the Building, "Tenant's Property"), shall, as between the parties, shall be at the sole risk and hazard of Tenant to the maximum extend permitted by law, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from for any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injuryindemnity, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: NewStar Financial, Inc.

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by Tenant or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property")Premises, shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Lease (Curis Inc)

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased which, during the occupancy of the premises by Tenant (or by any person persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, ) may be on the Premises (collectivelyor elsewhere on Landlord's property, "Tenant's Property"), shall, as between the parties, shall be at the sole risk and hazard of Tenant Except to the extent such damage is caused by Landlord or its employees, Landlord shall not be liable for, and if the whole Tenant expressly waives all claims against Landlord, its agents and employees, for damage to person or property sustained by Tenant, or any part thereof shall be destroyed person claiming by, through or damaged by fireunder Tenant, water resulting from any accident or occurrence in or on the Premises or the property of which the Premises are a Part, including but not limited to, claims for damage resulting from water, wind, ice, steam, explosion or otherwise, or by from the rising or water or the leakage or bursting of water pipes, steam pipes, gas pipes, the sprinkler system or other pipes, by theft or from theft, vandalism, or from any other causecause whatsoever, and except only to the extent provided above in this Section, no part of said loss or damage is to shall be charged to or to be borne by Landlord or Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, 's agents or employees, unless the same is attributable to the acts or (ii) such indemnificationomissions of Landlord, agreement to hold harmless Landlord's partner: agents, employees independent contractors, investors or exoneration is prohibited by lawother persons acting under Landlord.

Appears in 1 contract

Samples: Special Maintenance and Operation (Circe Biomedical Inc)

Personal Property at Tenant’s Risk. All That notwithstanding anything to the contrary, all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by of Tenant or by any person and all persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property"), shall, as between or elsewhere in the parties, Building or on the Lot shall be at the sole risk and hazard of Tenant Tenant, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injuryindemnity, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Lease (Arsanis, Inc.)

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by of Tenant or by any person and of all persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming by, through or under Tenant, may be on the Premises (collectively, collectively "Tenant's Property"), shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.. Landlord waives all rights in Tenant's Property (except to the extent any portion thereof was purchased with the Tenant Allowance) and agrees to execute, upon request of Tenant, a confirmation of such waiver in substantially the form attached hereto as EXHIBIT E.

Appears in 1 contract

Samples: Lease (Furniture Com Inc)

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Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by Tenant or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's ’s Property"), shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Personal Property at Tenant’s Risk. All That notwithstanding anything to the contrary, all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by of Tenant or by any person and all persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property"), shall, as between or elsewhere in the parties, Building or on the Lot shall be at the sole risk and hazard of Tenant Tenant, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except, to the extent caused by Landlord’s negligence or willful misconduct and also except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injuryindemnity, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Lease (BG Medicine, Inc.)

Personal Property at Tenant’s Risk. All That all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by of Tenant or by any person (collectively, "Tenant's Property") and of all persons claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectivelyPremises, "Tenant's Property"), shall, as between the parties, shall be at the sole risk and hazard of Tenant Tenant, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability for its own wrongful act or negligence or otherwise to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Lifeline Systems Inc

Personal Property at Tenant’s Risk. All of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by Tenant ("Tenants Property") or by any person claiming by, through or under Tenant which, during the continuance of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectively, "Tenant's Property")Premises, shall, as between the parties, be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injury, loss, damage or liability is the result of the negligence or willful misconduct of Landlord, its contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Personal Property at Tenant’s Risk. All Tenant shall cause to be insured at ---------------------------------- full replacement value all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description owned or leased by of Tenant or by any person and of all persons claiming by, through or under Tenant which, during the continuance Term of this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises (collectivelyPremises, "Tenant's Property"), shall, as between and all of the parties, same shall be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, except that Landlord shall in no event be indemnified or held harmless or exonerated from any liability to Tenant or to any other person, for any injury, loss, damage or liability to the extent (i) such injuryresulting from negligence, loss, damage fault or liability is the result of the negligence or willful misconduct of Landlord, its agents, employees and contractors, agents or employees, or (ii) such indemnification, agreement to hold harmless or exoneration is prohibited by law.

Appears in 1 contract

Samples: Storage Computer Corp

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