Common use of Damage or Injury Clause in Contracts

Damage or Injury. Landlord shall not be liable to Tenant, and Tenant ---------------- hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or the Building or the Project arising at any time and from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to (i) any use or occupancy of the Premises or any condition of the Premises (provided, that Tenant shall have no responsibility for Hazardous Materials existing on or in the Premises or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant's obligations under this Lease, (iii) any damage to any property (including property of employees and invitees of Tenant), or (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord its agents, employees or contractors), or which occurs in, on or about any other part of the Project to the extent caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. This Section ------- 8.1 shall survive the termination of this Lease with respect to any damage, --- bodily or personal injury, illness or death occurring prior to such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.

Damage or Injury. The Landlord shall not be liable to Tenant, and Tenant ---------------- hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness death or death of any person inproperty loss or damage sustained by the Tenant, or its employees, agents, subleases, licensees or those doing business with it in the Premises, in the Building, or anywhere on or about the Premises or the Building or the Project arising at any time and from any cause whatsoeverLand, no matter how caused, except to the extent caused by the gross negligence of the Landlord or willful misconduct of Landlordthose persons for whom the Landlord is, its agentsin law, employees or contractors. responsible, and the Tenant shall indemnify and defend the Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, actions or liabilities arising from or related to (i) any use or occupancy out of the Premises or any condition of the Premises (provided, that Tenant shall have no responsibility for Hazardous Materials existing on or in the Premises or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant's obligations under this Lease, (iii) any damage to any property (including property of employees and invitees of Tenant), or (iv) any bodily or such personal injury, illness death or death of any person (including employees and invitees of Tenant)property damage or loss, in each case which occurs in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord its agents, employees or contractors), or which occurs in, on or about any other part of the Project Landlord or those persons for whom the Landlord is, in law, responsible. The Tenant hereby releases the Landlord and its officers, agents and employees from all claims for damages or other expenses arising out of such personal injury, death or property loss or damage, except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, in law, responsible. Without limiting the foregoing, the Landlord shall not be liable for any act personal injury, death or omission of property loss or damage sustained by the Tenant or its employees, agents, sublessees, licensees or invitees in the Premises, in the Building, on the Land or anywhere on the Land caused by theft or breakage or by steam, water, rain, snow, radioactive materials, microwaves, deleterious substances, gases, pollutants or any other materials or substances which may leak into, issue or flow from any part of the building or lands, or any adjacent or neighbouring lands and premises or from the water, steam or drainage pipes or plumbing works of the same or from any place, or any loss or damage caused by or attributable to the condition or arrangements of any electric or other wiring or any damage caused by anything done or omitted to be done by any other tenant or occupant of the building except to the extent caused by the negligence of the Landlord or by those persons for whom the Landlord is, in law, responsible, and the Tenant shall indemnify the Landlord against all actions or liabilities arising out of such personal Injury, death or property damage or loss, except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, in law, responsible. The Tenant thereby releases the Landlord and its officers, employees, contractors, invitees agents and employees from all claims for damages or licensees. This Section ------- 8.1 shall survive the termination other expenses arising out of this Lease with respect to any damage, --- bodily or such personal injury, illness death or death occurring prior property loss or damage, except to such termination. Under no circumstances shall the extent caused by the negligence of the Landlord or Tenant be liable to those persons for whom the otherLandlord is, or to the officersin law, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Leaseresponsible.

Damage or Injury. Landlord shall not be liable to Tenant, and Tenant ---------------- hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or the Building or the Project Property arising at any time and from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to (i) any use or occupancy of the Premises Premises, or any condition of the Premises (providedPremises, that Tenant shall have no responsibility for Hazardous Materials existing on or in the Premises or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant's obligations under this Lease, (iii) or any damage to 10 any property (including property of employees and invitees of Tenant), ) or (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs ) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord its agents, employees Landlord) or contractors), or which occurs occurring in, on or about any other part of the Project to Property other than the extent Premises when such damages, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to the willful misconduct or gross negligence of Landlord with respect to the common areas of the Property resulting in any damage to property (subject to Section 8.4 hereof), or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) (except to the extent such damage to property, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees). This Section ------- section 8.1 shall survive the termination of this Lease with respect to any damage, --- bodily or personal injury, illness or death occurring prior to 10 such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.

Damage or Injury. Landlord shall not be liable to ---------------- Tenant, and Tenant ---------------- hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or the Building Property arising out of events occurring or conditions that came into existence during the Project arising at any time and from any cause whatsoeverterm of this Lease, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (such persons or entities not to include Tenant or its agents, employees officers, employees, contractors, subtenants, invitees or contractorslicensees) or out of any Landlord Default. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursementsdisbursements (collectively, "Losses"), arising from or related to (i) any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises (providedarising from an act or omission of Tenant or its agents, that Tenant shall have no responsibility for Hazardous Materials existing on officers, employees, contractors, invitees or in the Premises licensees, or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant's obligations under this Lease, (iii) or any damage to any property (including property of employees and invitees of Tenant), ) or (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs ) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants [such persons or entities not to include Tenant or its agents, employees officers, employees, contractors, tenants, invitees or contractors)licensees, or which occurs out of any Landlord Default]) or occurring in, on or about any other part of the Project to Property other than the extent Premises when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. This Section ------- 8.1 shall survive the termination of this Lease with respect to any damage, --- bodily or personal injury, illness or death occurring prior to such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.or

Damage or Injury. Landlord shall not be liable to ---------------- Tenant, and Tenant ---------------- hereby waives all claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or the Building Property arising out of events occurring or conditions that came into existence during the Project arising at any time and from any cause whatsoeverterm of this Lease, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (such persons or entities not to include Tenant or its agents, employees officers, employees, contractors, subtenants, invitees or contractorslicensees) or out of any Landlord Default. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursementsdisbursements (collectively, "Losses"), arising from or related to (i) any use or occupancy of the Premises by Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises (providedarising from an act or omission of Tenant or its agents, that Tenant shall have no responsibility for Hazardous Materials existing on officers, employees, contractors, invitees or in the Premises licensees, or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) any default in the performance of Tenant's obligations under this Lease, (iii) or any damage to any property (including property of employees and invitees of Tenant), ) or (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs ) occurring in, on or about the Premises or any part thereof arising at any time and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, officers, employees, contractors, tenants [such persons or entities not to include Tenant or its agents, employees officers, employees, contractors, tenants, invitees or contractors)licensees, or which occurs out of any Landlord Default]) or occurring in, on or about any other part of the Project to Property other than the extent Premises when such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Notwithstanding the foregoing, (i) Tenant's indemnity obligations under this section 8.1 shall ----------- only apply to Losses to the extent such Losses were not caused by or arise out of the negligence or willful misconduct of Landlord or its agents, officers, employees, contractors, tenants, subtenants, invitees or licensees (such persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) during the term of this Lease, or out of any Landlord Default; (ii) Tenant's indemnity obligations under this section 8.1 shall not apply to any liability caused ----------- by or arising out of events occurring or conditions that existed prior to the Commencement Date if such liability is covered by the Separation Agreement; and (iii) nothing in this section 8.1 shall limit the parties ----------- respective indemnity rights and obligations under section 4.3 hereof. This Section ------- ----------- section 8.1 shall survive the termination of this Lease with respect to any ----------- event, act, occurrence, damage, --- bodily or personal death, injury, illness act or death omission occurring prior to such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.