Waiver; Indemnity. 10. (a) During the term of this Lease, Tenant shall maintain commercial general liability insurance coverage (occurrence coverage) with broad form contractual liability coverage and with coverage limits of not less than combined single limit, per occurrence, specifically including liquor liability insurance covering consumption of alcoholic beverages by customers of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall insure Tenant’s performance of the indemnity provisions of this Lease, but the amount of such insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. All policies of insurance provided for herein shall name as “additional insureds” Landlord, Landlord’s Agent, all mortgagees of Landlord and such other individuals or entities as Landlord may from time to time designate upon written notice to Tenant. Tenant shall provide to Landlord, at least thirty (30) days prior to expiration, certificates of insurance to evidence any renewal or additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease to Landlord prior to the Lease Commencement Date.
Waiver; Indemnity. 11.1 Notwithstanding any contrary provision herein, and except to the extent arising from the gross negligence or willful misconduct of Landlord, Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any injury or damage to any person or property or any other loss (including, but not limited to loss of income), which may be sustained by the persons, goods, wares, merchandise or property of Tenant, its agent, contractors, employees, invitees or customers or any other person in or about the Premises, the Building, or the Project by or from any cause whatsoever, and, without limiting the generality of the foregoing, whether caused by or resulting from water leakage of any character from the roof, walk, windows, basement, or any other portion of the Premises, the Building, or the Project, or by fire, steam, electricity, gas or oil, or by any interruption of utilities or services, or by any tenant, occupant, or other person, or by any other cause whatsoever, in, on or about the Premises, the Building or the Project. Notwithstanding any contrary provision in the Lease, Landlord shall in no event be liable for consequential damages hereunder.
Waiver; Indemnity a) Licensor shall not be liable for and Licensee hereby waives all claims against Licensor for damage to any property or injury, illness, or death of any person in, upon or about the License Area arising in any way due to, in Connection with, or related to, directly or indirectly, the use of the License Area by Licensee, Licensee’s employees, agents, invitees, or contractors. Licensor and Licensee hereby agree and acknowledge that the relationship between Licensor and Licensee is solely a Licensor/Licensee relationship and not a principal/agent relationship or any other relationship. Licensee is acting on its own behalf in using the License Area (for the purposes described herein or for any other purpose(s) that may occur) and is not operating as an agent of Licensor or as part of Licensor’s operations as a school district. The provisions of this Section 3(a) shall not apply to the extent that all or part of the Liabilities (as defined below) is due to the gross negligence or willful misconduct of the Indemnified Parties or due to a breach of Licensor’s obligations under this Agreement.
Waiver; Indemnity. Company, Tampa and Secured Party specifically waive all claims of any nature against SunTrust relating to losses or damages of any nature whatsoever arising from or connected to or allegedly arising from or connected to any action or failure to act by SunTrust in connection with this Agreement, except to the extent directly caused by SunTrust’s gross negligence or willful misconduct. SunTrust shall not be liable for, and Company and Tampa jointly and severally agree to defend, indemnify and hold SunTrust harmless from and against, any and all liabilities, losses, damages, costs or expenses (including, without limitation, court costs, reasonable attorneys’ fees and other litigation expenses) which SunTrust may incur in connection with or pursuant to this Agreement, except to the extent directly caused by SunTrust’s gross negligence or willful misconduct. In no event shall SunTrust be liable for losses or delays resulting from computer malfunction, interruption of communication facilities, labor difficulties or other causes beyond SunTrust’s reasonable control or for indirect, special, punitive or consequential damages. Furthermore, notwithstanding anything in this Agreement to the contrary, (i) SunTrust shall have no fiduciary duties under this Agreement or any transaction or service contemplated by the provisions hereof to any party, (ii) SunTrust shall have no liability as a result of acting on any written notice, request, or withdrawal, payment, transfer, or other instruction (including but not limited to electronically confirmed facsimiles) that SunTrust in good faith believes to be furnished by Secured Party in accordance with the terms hereof, in which case the parties agree that SunTrust has no duty to make any further inquiry whatsoever, and (iii) SunTrust shall not be responsible for the enforcement of any agreement between and among Company, Tampa, and Secured Party, or any of them.
Waiver; Indemnity. Tenant shall defend and indemnify Landlord, its officers, agents, employees and contractors and save harmless from and against any and all liability, damages, costs, or expenses, including reasonable attorneys’ fees, arising from any act, omission, or negligence or willful misconduct of Tenant, or the officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors of Tenant in or about the Premises, or, arising from any accident, injury, or damage, howsoever and by whomsoever caused, to any person or property occurring in or about the Premises, provided that the foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties caused by the negligence or willful misconduct of Landlord, or of any officer, contractor, licensee, agent, servant, employee, guest, invitee or visitor of Landlord. Landlord and Tenant agree that the foregoing indemnity specifically includes, without limitation, claims brought by Tenant’s employees against Landlord, its officers, agents, employees and contractors. THE FOREGOING INDEMNITY IS EXPRESSLY INTENDED TO CONSTITUTE A WAIVER OF EACH PARTY’S IMMUNITY UNDER WASHINGTON’S INDUSTRIAL INSURANCE ACT, RCW TITLE 51, TO THE EXTENT NECESSARY TO PROVIDE THE OTHER PARTY WITH A FULL AND COMPLETE INDEMNITY FROM CLAIMS MADE BY TENANT AND ITS EMPLOYEES, TO THE EXTENT OF THEIR NEGLIGENCE. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant, or other persons, which may be caused by the Building or the Premises, or any appurtenances thereto, being out of repair or by the bursting or leakage or any water, gas, sewer, or steam pipe, or by theft, or by any act or neglect of any tenant or occupant of the Building, or of any other person, or by any other cause of whatsoever nature, unless caused by the gross negligence or willful misconduct of Landlord.
Waiver; Indemnity. (a) Tenant covenants and agrees that Landlord shall not at any time after the date hereof or to any extent whatsoever be liable, responsible or in anywise accountable for, and Tenant waives and releases any claim (including any claim for contractual or implied indemnity) against Landlord, for Losses (hereinafter defined) which at any time after the date hereof may be suffered or sustained by:
Waiver; Indemnity. 9 12. Insurance........................................ 10 13.
Waiver; Indemnity. 11.1 Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to personal property of Tenant, or injury to persons in or about the Premises, except to the extent caused by the negligence, recklessness or willful misconduct of Landlord or Landlord’s Agents. Notwithstanding any contrary provision herein, and except to the extent arising from the negligence, recklessness or willful misconduct of the Landlord, or Landlord’s Agents, Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any injury or damage to any person or property or any other loss (including, but not limited to loss of income), which may be sustained by the person, goods, wares, merchandise or property of Tenant, or Tenant’s Agents, or any other person in or about the Premises, the Building, or the Project by or from any cause whatsoever. Without limiting the generality of the foregoing, except to the extent caused by negligence, recklessness or willful misconduct of the Landlord or Landlord’s Agents, Landlord shall not be liable for any damage caused by or resulting from: (a) water leakage of any character from the roof, walls, windows, basement, or any other portion of the Premises or the Project; (b) fire, steam, electricity, gas or oil, or by any interruption of utilities or services, or by any tenant, occupant, or other person; or (c) any other cause whatsoever, in, on or about the Premises or the Project. Notwithstanding any contrary provision in this Lease, Landlord shall not in any event be liable for consequential damages hereunder.
Waiver; Indemnity. Landlord shall not be liable for any injury to any person (including death), or for any loss of or damage to any property (including property of Tenant) occurring in or about the Premises, except for damages and/or injury arising out of the negligence or willful misconduct or Landlord or Landlord’s agents. Tenant shall indemnify, defend and save Landlord, its officers, agents, employees and contractors, and other tenants and occupants of the Building harmless from all losses, damages, fines, penalties, liabilities, claims and expenses (including Landlords personnel and overhead costs and attorneys’ fees and other costs incurred in connection with such claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) to any persons or entity or from any actual or alleged loss of or damage to any property alleged to be attributable to (i) Tenants operation or occupation of the Premises; (ii) Tenant’s breach of its obligations hereunder or applicable law, or (iii) any act or omission of Tenant or any licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such person or entity in or about the Premises. Tenant agrees that the foregoing indemnity specifically covers actions brought by its own employees and agrees the foregoing expressly constitutes a waiver or Tenant’s immunity under the Washington Industrial Insurance Act, RCW Title 51, to the extent necessary to provide Landlord with the full and complete indemnity from claims made by Tenant and its employees, to the extent of their negligence. The indemnification provided for in this Section with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Landlord shall not be liable for interference with light, air or view or for any latent defect in the Premises. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises.
Waiver; Indemnity. INSURANCE 6
