Common use of Damage to Person or Property Clause in Contracts

Damage to Person or Property. Tenant assumes the risk of all Liabilities it may incur, including, but not limited to, damage or injury to person, to Tenant's property and the conduct of Tenant's business (and any loss of revenue therefrom), the loss of use or occupancy of the Premises, and the items enumerated below in this Article, unless and to the extent caused by the negligence of the Landlord, and waives all claims against Landlord and Landlord's Affiliates in connection therewith. Landlord and Landlord's Affiliates shall not be liable for any Liabilities incurred by Tenant or Tenant's Affiliates (including, but not limited to, the Liabilities described above in this Article) arising from or in connection with: (a) acts or omissions of any tenant of the Building or any other persons (including, but not limited to, any parking lot operators or their employees); (b) explosion, fire, steam, electricity, water, gas or rain, pollution or contamination; (c) the breakage, leakage, obstruction or other defects of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and systems of the Building; (d) any work, maintenance, repair, rebuilding or improvement performed by or at the request of Landlord or Landlord's Affiliates for the Premises, the Building or the Land; (e) any entry by Landlord or Landlord's Affiliates on the Premises; (f) any interference with light or other incorporeal hereditaments. Nothing in this Article exempts Landlord for liability caused by its negligence or willful misconduct, but Landlord shall not be liable under any circumstances for indirect or punitive damages (including, but not limited to, damage or injury to persons, property and the conduct of Tenant's business and any loss of revenue therefrom). Tenant shall promptly notify Landlord of any defects in the or any portion thereof and of any damage or injury thereto. Tenant shall not be liable to Landlord under any circumstances for indirect or punitive damages.

Appears in 1 contract

Sources: Commercial Lease (Precision Optics Corporation Inc)

Damage to Person or Property. Tenant assumes the risk of all ---------------------------- Liabilities it may incur, including, but not limited to, damage or injury to personpersons, to Tenant's property and the conduct of Tenant's business (and any loss of revenue therefrom), the loss of use or occupancy of the Premises, and the items enumerated below in this Article, unless and to the extent caused by the negligence of the LandlordSection, and waives all claims against Landlord and Landlord's Affiliates in connection therewith. Landlord and Landlord's Affiliates shall not be liable for any Liabilities incurred by Tenant or Tenant's Affiliates (including, but not limited to, the Liabilities described above in this ArticleSection) arising from or in connection with: (a) acts or omissions of any tenant of the Building or any other persons (including, but not limited to, any parking lot garage operators or their employees); (b) explosion, fire, steam, electricity, water, gas or rain, pollution or contamination; (c) the breakage, leakage, obstruction or other defects of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and systems of the BuildingBuilding or the failure to furnish any of the foregoing; (d) any work, maintenance, repair, rebuilding or improvement performed by or at the request of Landlord or Landlord's Affiliates for the Premises, the Building or the Land; (e) any entry by Landlord or Landlord's Affiliates on the Premises; (f) any defects in the Premises, the Building, the Land or any portions thereof; (g) any interference with light or other incorporeal hereditaments; and (h) any other acts, omissions or causes. Nothing in this Article Section exempts Landlord for liability caused solely by its gross negligence or willful misconduct, but Landlord shall not be liable under any circumstances for indirect consequential or punitive damages (including, but not limited to, damage or injury to persons, property and the conduct of Tenant's business ({and any loss of revenue therefrom}). Tenant immediately shall promptly notify Landlord of any defects in the Premises or the building or any portion thereof and of any damage damages or injury thereto. Tenant shall not be liable thereto or to Landlord under any circumstances for indirect persons or punitive damagesproperty in or about the Premises or the Building.

Appears in 1 contract

Sources: Office Lease (Vsource Inc)