Common use of Waiver of Claims; Indemnification Clause in Contracts

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord shall not be liable for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to

Appears in 3 contracts

Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)

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Waiver of Claims; Indemnification. To the extent not prohibited by law, neither Landlord nor its partners, affiliates, officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person person, property or property business or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord and its partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the use of the Premises or acts of Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. Notwithstanding the foregoing, Tenant does not release and shall not be required to indemnify the Indemnitees with respect to damage, loss or liability resulting from the Indemnitees' negligence or willful misconduct. Further, Landlord agrees to defend, protect, indemnify and save harmless Tenant and its partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the acts of Tenant Landlord or any subtenant or the servantsits partners, affiliates, officers, agents, employeesservants, contractors, suppliers, workmen and invitees of Tenant employees or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related toinvitees.

Appears in 1 contract

Samples: Lease (Brookdale Living Communities Inc)

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord and its officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person persons or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building, Premises or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding or Premises, or due to any act or any neglect of any tenant or occupant of the Building or Premises or of any other person. This provision shall apply particularly, particularly (but not exclusively, ) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures fixtures, and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts or negligence of Tenant or any subtenant or the and its servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmlessinvitees, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related toto Tenant’s occupancy of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Attitude Drinks Inc.)

Waiver of Claims; Indemnification. (a) To the extent not prohibited by law, Landlord, Agent and their respective officers, directors, partners, agents, contractors, licensees, servants and employees (each (including Landlord), a "Landlord Related Party" and collectively, the "Landlord Related Parties") shall not be liable for, and Landlord is it and they are hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof or any other loss, or any death, sustained by Tenant or by other persons claiming through Tenant due to the Property and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on or about the PropertyProperty and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision , except to the extent such loss, damage, liability or obligation results from the negligence or willful misconduct of any Landlord Related Party, and except that with respect to occurrences in or the condition of the Premises or the Parking Garages, the foregoing reference to "negligence or misconduct" is changed to "gross negligence or willful misconduct" shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about the PropertyProperty and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage, shall be at the risk of Tenant only, and that no Landlord Related Party shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof except for its negligence or willful misconduct, Txxxxx agrees but if the personal property is located in the Premises or Parking Garages, the foregoing reference to defend, protect, indemnify and save harmless Landlord from and against all liability "negligence or willful misconduct" is changed to third parties arising out of the acts of Tenant "gross negligence or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related towillful misconduct".

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (KBS Real Estate Investment Trust II, Inc.)

Waiver of Claims; Indemnification. To Except for the extent not negligence or willful acts of the Landlord, its agents, contractors or employees and except as otherwise prohibited by lawlaw (but subject in all events to the provisions of Paragraph 12A of this Lease), Landlord Landlord, its partners, its managing agent, Landlord's lessor, any mortgagee, the MTA and their respective officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyOffice Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the Property, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, Landlord's lessor, any mortgagee and the MTA from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises (except if the same arose out of the negligence or wilfull misconduct of Landlord, its agents, contractors or employees) or which arose out of acts or omissions of Tenant or any subtenant or the and its servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant workers or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related toinvitees.

Appears in 1 contract

Samples: Digitas Inc

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Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord and Landlord’s partners, affiliates, officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person person, property or property business or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on in or about the PropertyBuilding, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind; provided however, that the provisions of this section shall not excuse Landlord for liability for damage or loss resulting from the willful acts of Landlord, its employees, agents or contractors. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord and Landlord’s beneficiary and their respective partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the use of the Premises or acts of Tenant or any subtenant or the its servants, agents, employees, contractors, suppliers, workmen and workers or invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related towhile within the Premises.

Appears in 1 contract

Samples: Lease (Bancinsurance Corp)

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord and except for damage caused by the gross negligence or wilful acts of Landlord, its agents, contractors or employees, Landlord, its partners and their respective officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding, or due to any act or neglect of any tenant or occupant of the Building Building, including the Premises or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties (including but not limited to the officers, agents, contractors and business associates of Tenant) arising out of Tenant's use and occupancy of the Premises or the acts or omissions of Tenant (whether or any subtenant not such acts or the omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen workers and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related toinvitees.

Appears in 1 contract

Samples: Lease (Conning Corp)

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord shall not be liable for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx To the extent covered by the insurance required to be maintained by Tenant pursuant to this Lease (plus any deductible amounts), Tenant agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to

Appears in 1 contract

Samples: Agreement of Lease (Owosso Corp)

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