Common use of LIABILITIES AND DAMAGES Clause in Contracts

LIABILITIES AND DAMAGES. To the extent permitted by law, the User, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of them (collectively the “Building Ownership Parties”), from any and all claims, demands, losses, costs, expenses or other liabilities of whatever nature (including attorneys' fees and other fees, costs, and expenses), at law, in equity or otherwise, arising out of or related in any manner to the condition of the Lobby Lounge, including any latent defects, or the use of the Lounge and/or Roof Deck by the User or any of the User’s Affiliates or any of their respective invitees, or otherwise relating in any way to this Agreement (all of the foregoing, “Claims”), including any and all Claims related to personal injury or property damage occurring at or about the Lounge and/or Roof Deck. The User and its Affiliates shall jointly and severally indemnify, defend, and hold harmless the Building Ownership Parties from and against any and all Claims made against or otherwise incurred by any of the Building Ownership Parties, in any way related to, or resulting from, this Agreement or the use of the Lounge and/or Roof Deck by the User or any of the User’s Affiliates or other invitees, all to the fullest extent permitted by law. This paragraph shall expressly survive use of the Lounge and/or Roof Deck and payment for such use for the longest period permitted by law. If the Building Owner so requests prior to the User's use of the Lounge and/or Roof Deck, the User shall provide evidence that it carries commercial general liability insurance in an amount satisfactory to the Building Owner and insuring the indemnity agreement contained in this Agreement. The Building Owner may require that it be named as an additional insured with respect to such insurance. The liability of the Building Owner under this Agreement shall be limited to its interest in the Building in which the Lounge and Roof Deck is located. User, for itself and its other Affiliates, hereby waives any claims in connection with this Agreement or the Lounge and Roof Deck for punitive, consequential, or exemplary damages or for loss of income, profits, or savings. In addition, to the extent permitted by law, in no event shall the liability, if any, of the Building Ownership Parties to the User and its Affiliates in connection with use of the Lounge and Roof Deck or under this Agreement exceed the amounts paid to the Building Owner under thisAgreement. Building Owner will bill User for any damages to the Lounge and/or Roof Deck as a result of the User’s Event on the User’s next rent statement.

LIABILITIES AND DAMAGES. To the extent permitted by law, the UserTenant, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of them (collectively the “Building Ownership Parties”), from any and all claims, demands, losses, costs, expenses or other liabilities of whatever nature (including attorneys' fees and other fees, costs, and expenses), at law, in equity or otherwise, arising out of or related in any manner to the condition of the Lobby LoungeConference Center, including any latent defects, or the use of the Lounge and/or Roof Deck Conference Center by the User Tenant or any of the UserTenant’s Affiliates or any of their respective invitees, or otherwise relating in any way to this Agreement (all of the foregoing, “Claims”), including any and all Claims related to personal injury or property damage occurring at or about the Lounge and/or Roof DeckConference Center. The User Tenant and its Affiliates shall jointly and severally indemnify, defend, and hold harmless the Building Ownership Parties from and against any and all Claims made against or otherwise incurred by any of the Building Ownership Parties, in any way related to, or resulting from, this Agreement or the use of the Lounge and/or Roof Deck Conference Center by the User Tenant or any of the UserTenant’s Affiliates or other invitees, all to the fullest extent permitted by law. This paragraph shall expressly survive use of the Lounge and/or Roof Deck Conference Center and payment for such use for the longest period permitted by law. If the Building Owner so requests prior to the UserTenant's use of the Lounge and/or Roof DeckConference Center, the User Tenant shall provide evidence that it carries commercial general liability insurance in an amount satisfactory to the Building Owner and insuring the indemnity agreement contained in this Agreement. The Building Owner may require that it be named as an additional insured with respect to such insurance. The liability of the Building Owner under this Agreement shall be limited to its interest in the Building in which the Lounge and Roof Deck Conference Center is located. UserTenant, for itself and its other Affiliates, hereby waives any claims in connection with this Agreement or the Lounge and Roof Deck Conference Center for punitive, consequential, or exemplary damages or for loss of income, profits, or savings. In addition, to the extent permitted by law, in no event shall the liability, if any, of the Building Ownership Parties to the User Tenant and its Affiliates in connection with use of the Lounge and Roof Deck Conference Center or under this Agreement exceed the amounts paid to the Building Owner under thisAgreementthis Agreement. Building Owner  CLEANING Articles left in the Conference Center will bill User be disposed of if not claimed immediately after the event. Tenant is responsible for ensuring that room is cleaned and returned to initial condition. A cleaning fee will be assessed for excessive room clean-up. The Tenant is responsible for removing all food items and equipment from the room. All food items left in the room or kitchen area will be disposed of at the conclusion of each event.  MAXIMUM ROOM OCCUPANCY As required by fire code, Tenant shall not exceed maximum room capacity of 72 people in the Conference Center. This number may vary based on layout requests. Management reserves the right, at any damages time, to deny reservations to any Tenant or group who abuses room rules and regulations. Damages resulting from abuse or misuse of the Conference Center will be billed to the Lounge and/or Roof Deck Tenant. Management reserves the right to cancel any reservation as a result circumstances may dictate. The person who has entered into this Agreement on behalf of any corporation or other entity which the Tenant represents that he or she has full authority to enter into this Agreement and bind the Tenant to it. For all purposes of this Agreement, any consent, approval or other undertaking of the User’s Event “Building Owner” or the “Office of the Building” hereunder may be given or taken by the owner of the Building, as “Building Owner”, or by the property manager of the Building, as “Property Manager” and agent on behalf of the User’s next rent statement.Building Owner. Agreement to all forgoing terms and conditions is indicated by signature below. The agreement becomes effective only when received and approved by Management Office. Authorized Tenant Representative Signature Name (Please Print)/ Title

LIABILITIES AND DAMAGES. To the extent permitted by law, the UserTenant, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of them (collectively the “Building Ownership Parties”), from any and all claims, demands, losses, costs, expenses or other liabilities of whatever nature (including attorneys' fees and other fees, costs, and expenses), at law, in equity or otherwise, arising out of or related in any manner to the condition of the Lobby LoungeConference Center, including any latent defects, or the use of the Lounge and/or Roof Deck Conference Center by the User Tenant or any of the UserTenant’s Affiliates or any of their respective invitees, or otherwise relating in any way to this Agreement (all of the foregoing, “Claims”), including any and all Claims related to personal injury or property damage occurring at or about the Lounge and/or Roof DeckConference Center. The User Tenant and its Affiliates shall jointly and severally indemnify, defend, and hold harmless the Building Ownership Parties from and against any and all Claims made against or otherwise incurred by any of the Building Ownership Parties, in any way related to, or resulting from, this Agreement or the use of the Lounge and/or Roof Deck Conference Center by the User Tenant or any of the UserTenant’s Affiliates or other invitees, all to the fullest extent permitted by law. This paragraph shall expressly survive use of the Lounge and/or Roof Deck Conference Center and payment for such use for the longest period permitted by law. If the Building Owner so requests prior to the UserTenant's use of the Lounge and/or Roof DeckConference Center, the User Tenant shall provide evidence that it carries commercial general liability insurance in an amount satisfactory to the Building Owner and insuring the indemnity agreement contained in this Agreement. The Building Owner may require that it be named as an additional insured with respect to such insurance. The liability of the Building Owner under this Agreement shall be limited to its interest in the Building in which the Lounge and Roof Deck Conference Center is located. UserTenant, for itself and its other Affiliates, hereby waives any claims in connection with this Agreement or the Lounge and Roof Deck Conference Center for punitive, consequential, or exemplary damages or for loss of income, profits, or savings. In addition, to the extent permitted by law, in no event shall the liability, if any, of the Building Ownership Parties to the User Tenant and its Affiliates in connection with use of the Lounge and Roof Deck Conference Center or under this Agreement exceed the amounts paid to the Building Owner under thisAgreementthis Agreement. Building Owner • CLEANING Articles left in the Conference Center will bill User be disposed of if not claimed immediately after the event. Tenant is responsible for ensuring that room is cleaned and returned to initial condition. A cleaning fee will be assessed for excessive room clean-up. The Tenant is responsible for removing all food items and equipment from the room. All food items left in the room or kitchen area will be disposed of at the conclusion of each event. • MAXIMUM ROOM OCCUPANCY As required by fire code, Tenant shall not exceed maximum room capacity of 36 people in the Conference Center. This number may vary based on layout requests. Management reserves the right, at any damages time, to deny reservations to any Tenant or group who abuses room rules and regulations. Damages resulting from abuse or misuse of the Conference Center will be billed to the Lounge and/or Roof Deck Tenant. Management reserves the right to cancel any reservation as a result of the User’s Event on the User’s next rent statementcircumstances may dictate.

LIABILITIES AND DAMAGES. To the extent permitted by law, the User, for itself and its agents, successors, insurers, affiliated and related companies, and assigns, and each of their agents and employees and invitees (all of the foregoing, “Affiliates”), hereby releases and forever discharges the Building Owner, the Property Manager, and all agents, employees, and direct or indirect owners or affiliates of the Building Owner and/or the Property Manager, and each of them (collectively the “Building Ownership Parties”), from any and all claims, demands, losses, costs, expenses or other liabilities of whatever nature (including attorneys' fees and other fees, costs, and expenses), at law, in equity or otherwise, arising out of or related in any manner to the condition of the Lobby Lounge, including any latent defects, or the use of the Lounge and/or Roof Deck by the User or any of the User’s Affiliates or any of their respective invitees, or otherwise relating in any way to this Agreement (all of the foregoing, “Claims”), including any and all Claims related to personal injury or property damage occurring at or about the Lounge and/or Roof Deck. The User and its Affiliates shall jointly and severally indemnify, defend, and hold harmless the Building Ownership Parties from and against any and all Claims made against or otherwise incurred by any of the Building Ownership Parties, in any way related to, or resulting from, this Agreement or the use of the Lounge and/or Roof Deck by the User or any of the User’s Affiliates or other invitees, all to the fullest extent permitted by law. This paragraph shall expressly survive use of the Lounge and/or Roof Deck and payment for such use for the longest period permitted by law. If the Building Owner so requests prior to the User's use of the Lounge and/or Roof Deck, the User shall provide evidence that it carries commercial general liability insurance in an amount satisfactory to the Building Owner and insuring the indemnity agreement contained in this Agreement. The Building Owner may require that it be named as an additional insured with respect to such insurance. The liability of the Building Owner under this Agreement shall be limited to its interest in the Building in which the Lounge and Roof Deck is located. User, for itself and its other Affiliates, hereby waives any claims in connection with this Agreement or the Lounge and Roof Deck for punitive, consequential, or exemplary damages or for loss of income, profits, or savings. In addition, to the extent permitted by law, in no event shall the liability, if any, of the Building Ownership Parties to the User and its Affiliates in connection with use of the Lounge and Roof Deck or under this Agreement exceed the amounts paid to the Building Owner under thisAgreement. Building Owner will bill xxxx User for any damages to the Lounge and/or Roof Deck as a result of the User’s Event on the User’s next rent statement.