Sole Risk of Tenant. Tenant bears the sole risk of Loss for all of the Tenant Property, and if any of the Tenant Property is destroyed or damaged other than as a result of the negligence or willful misconduct of a Landlord Party, no part of the destruction or damage shall be the responsibility of Landlord. If the damage is caused by the negligence or willful misconduct of a Landlord Party, Landlord shall be responsible for any damage or destruction, subject, however, to the waiver of subrogation provisions of Section 14.3. The term “negligence” as used in this Section 13.2 shall not include negligence imputed as a matter of law to Landlord solely by reason of Landlord’s failure to act in respect of matters which are or were the obligation of Tenant under this Lease or solely as a result of Landlord’s ownership of the Leased Property.
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Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)
Sole Risk of Tenant. Tenant bears the sole risk of Loss for all of the Tenant Property, and if any of the Tenant Property is destroyed or damaged other than as a result of the negligence or willful misconduct of a Landlord Party, no part of the destruction or damage shall be the responsibility of Landlord. If the damage is caused by the negligence or willful misconduct of a Landlord Party, Landlord shall be responsible for any damage or destruction, subject, however, to the waiver of subrogation provisions of Section 14.314.3 . The term “negligence” as used in this Section 13.2 shall not include negligence imputed as a matter of law to Landlord solely by reason of Landlord’s failure to act in respect of matters which are or were the obligation of Tenant under this Lease or solely as a result of Landlord’s ownership of the Leased Property.
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