RELEASE AND WAIVER OF LIABILITY. 3.1 The Licensor Parties shall not be liable for, and Licensee waives, all claims for loss, theft or damage to Licensee’s property or the property of any person claiming by, through or under Licensee resulting from: (i) wind or weather; (ii) the failure of any sprinkler, heating or air-conditioning equipment, any electric wiring or any gas, water or steam pipes; (iii) the backing up of any sewer pipe or downspout; (iv) the bursting, leaking or running of any tank, water closet, drain or other pipe; (v) water, snow or ice upon or coming through the roof, skylight, stairs, doorways, windows, walks or any other place upon or near the Building; (vi) any act or omission of any party (including other users of the Licensed Space), other than the negligence or willful misconduct of such Licensor Party; and (vii) the unavailability of the Licensed Space for any reason whatsoever, whether or not within the control of Licensor. Licensee’s sole recourse against Licensor for the unavailability of the Licensed Space, or bicycle rack space therein, shall be a per diem refund of the License Fee for each day of such unavailability (if applicable).
Appears in 6 contracts
Samples: Bicycle Room License Agreement, Bicycle Room License Agreement, Bicycle Room License Agreement
