Tenant Not Liable Clause Samples
The "Tenant Not Liable" clause establishes that the tenant is not responsible for certain damages, losses, or obligations specified in the lease agreement. Typically, this clause applies to situations beyond the tenant's control, such as structural defects in the property or damages caused by natural disasters. By clearly defining the tenant's exemptions from liability, this clause protects tenants from being unfairly held accountable for issues they did not cause, ensuring a fair allocation of risk between landlord and tenant.
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Tenant Not Liable. Landlord agrees that Tenant shall have no liability with respect to:
(i) the presence of environmental contamination, if any, on the Property, including investigation or remediation thereof required by a Governmental Authority, to the extent such contamination is not caused or exacerbated by Tenant or its permitted successor, permitted assigns, agents, employees, contractors or subcontractors;
(ii) notwithstanding sub-paragraph (h)(i), the presence of environmental contamination that the Landlord knew or should have known was present and failed to disclose to Tenant and which results in a release from containment (such as underground storage tanks or drums) as a result of Tenant’s undertaking of a Permitted Use;
(iii) any conditions on the Property arising from or related to acts or omissions of Landlord or any other person or entity occurring prior to the commencement of the Effective Date or occurring after the Effective Date that arise from or are related to Landlord’s failure to perform its duties or obligations under this Lease, Applicable Law or Landlord’s Landfill Uses or Obligations;
(iv) Landlord’s Landfill Uses and Obligations; or
(v) a legal or administrative action by a Government Authority or third party arising out the circumstances in sub-paragraphs (i), (ii), (iii) or (iv).
Tenant Not Liable. Notwithstanding anything to the contrary provided in this Article, the Tenant shall not be liable for any Hazardous Substance in or on the Property which was deposited and/or released or caused to be deposited and/or released into or onto the Property by the Landlord or those for whom it is, in law, responsible nor shall the Tenant be liable for any Hazardous Substance deposited or released into or onto the Property prior to the date on which the Tenant occupied the Property, unless such Hazardous Substance was deposited or released into or onto the Property by the Tenant or those for whom it is, in law, responsible.
Tenant Not Liable. Except in connection with the negligence or willful misconduct of Tenant or Tenant’s officers, employees, contractors, agents and invitees, in no event shall Tenant or any of its officers, employees, contractors, agents, or invitees be liable for any damage, loss, claim, liability, or expense sustained by Subtenant or any of its officers, employees, contractors, agents, or invitees (or anyone claiming through them or on their behalf) resulting directly or indirectly from (a) any latent defect in the Subleased Premises or the Building, or in any equipment, facilities, fixtures, or furniture located therein, or (b) any accident or other occurrence in or about the Subleased Premises or the Building, or (c) any negligent acts or omissions of any owner, tenant, or other occupant of the Building (other than Tenant and its employees, contractors, officers, agents and invitees with respect to its own activities on the Subleased Premises) or of any invitee or other person in the Building. All property placed in the Subleased Premises by Subtenant or any of its officers, employees, contractors, agents, or invitees shall be so placed at the sole risk of such party, and Tenant shall have no liability whatsoever for any damage thereto. Notwithstanding the above, Tenant agrees to indemnify and save harmless Subtenant to the extent provided in this Section 19 from and against any claims of whatever nature by a third party arising from any injury to any person or property damage occurring in or in the Subleased Premises after the Commencement Date and until the expiration of earlier termination of the Sublease Term from the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors, or from any breach of default by Landlord in the performance or observance of its covenants or obligations under this Sublease or the Main Lease, provided, however, that in no event shall the aforesaid indemnity render Tenant responsible or liable for any loss or damage to fixtures, personal property or other property of Subtenant, and Tenant shall in no event be liable for any indirect or consequential damages. Subtenant shall provide notice of any such third party claim to Tenant as soon as practicable. Tenant shall have the right, but not the duty, to defend the claim. Notwithstanding anything contained herein to the contrary, Tenant shall not be obligated to indemnify Subtenant for any claims to the extent that Subtenant’s damages result from the negligence...
Tenant Not Liable. Except for the negligence or intentional misconduct of Tenant or its agents, employees, invitees, licensees or visitors, Landlord agrees Tenant shall not be liable to Landlord, Landlord's employees, agents, invitees, licensees or visitors, or to any other person, for an injury to person or damage to property on or about the Leased Premises caused by any act or omission of Tenant, its agents, servants or employees, or of any other person entering upon the Leased Premises under express or implied invitation by Tenant.
Tenant Not Liable. In no event shall Tenant or any of its officers, employees, contractors, agents, or invitees be liable for any damage, loss, claim, liability, or expense sustained by Subtenant or any of its officers, employees, contractors, agents, or invitees (or anyone claiming through them or on their behalf) resulting directly or indirectly from (a) any latent defect in the Premises or the Office Complex, or in any equipment, facilities, fixtures, or furniture located therein, or (b) any accident or other occurrence in or about the Premises or the Office Complex unless due to the gross negligence or intentional misconduct of Tenant or its agents, employees or contractors, or (c) any negligent acts or omissions of any owner, tenant, or other occupant of the Office Complex (other than Tenant with respect to its own activities on the Premises) or of any invitee or other person in the Office Complex. All property placed in the Premises by Subtenant or any of its officers, employees, contractors, agents, or invitees shall be so placed at the sole risk of such party, and Tenant shall have no liability whatsoever for any damage thereto unless due to the gross negligence or intentional misconduct of Tenant or its agents, employees or contractors.
Tenant Not Liable. Notwithstanding anything to the contrary in this Lease contained, and specifically notwithstanding the provisions of clause 15.4 hereof, the Tenant shall not be liable for any Hazardous Substance in or on the Premises which was deposited and/or released or caused to be deposited and/or released into or onto the Premises prior to the date on which the Tenant took possession of the Premises, unless such Hazardous Substance was deposited or released into or onto the Premises by the Tenant or those for whom the Tenant is, in law, responsible.
Tenant Not Liable. In no event shall any provision of this Amendment or the Notes (as defined in the Original Indenture) constitute a guaranty or assumption by Tenant of the Notes or the indebtedness represented thereby.