Common use of Exemption of Lessor from Liability Clause in Contracts

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in to the case extent of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's direct damages caused by breach of any representation covenant of Lessor contained in PARAGRAPH 8.1, or warranty made by Lessor hereinthe gross negligence or reckless or wilful misconduct of Lessor, and Subject to the last sentence of this PARAGRAPH, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's shareholders, officers, directors, employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor or from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Notwithstanding Lessor's negligence gross negligence, wilful or willful conduct, Lessor's breach of this Lease reckless misconduct or Lessor's breach of any representations covenant, including without limitation those contained in PARAGRAPH 8.1, or warranty made by Lessor hereinany other provision of this Lease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom, or for consequential or indirect damages resulting from Lessor's acts or omissions.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Notwithstanding Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereinLease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom. Nothing in Paragraph 8.8 shall be deemed to release or exempt Lessor from liability for the gross negligence or reckless or intentional misconduct of Lessor or its employees and agents. This Paragraph shall not be interpreted, however, to expand the liability of Lessor for the acts or omissions of its agents and employees beyond the ordinary scope of that liability under California case law and statute.

Exemption of Lessor from Liability. Except in the case of Lessor's gross negligence or willful conductmisconduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, the Lessor shall not be liable for injury to the Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of the Lessee, the Lessee's employees, contractors, invitees, customers, customers or any other person in or about the Premises, nor shall the Lessor be liable for injury to the person of the Lessee, the Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steamexplosion, falling plaster, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said such damage or injury or damage results from form conditions arising upon the Premises or upon other portions of the Building of which the Premises are a partBuilding, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible inaccessible. The Lessor shall not be liable for incorporeal hereditaments including interference or notobstruction of light, air or view. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, The Lessor shall not be liable for any damages arising from any act or neglect of any other lessee tenant of Lessor nor from the failure by Lessor to enforce Building or the provisions other portions of any other lease in the Industrial Center. Except Project except in the case of Lessor's gross negligence or willful conduct, misconduct of the Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, . The Lessee acknowledges that the Building was constructed many years ago and does not meet current seismic standards. The Lessor shall under no circumstances not be liable for injury to the Lessee's business or any lost income therefrom or for damage to the property of the Lessee, the Lessee's employees, invitees, customers or any loss other person in or about the Premises, nor shall the Lessor be liable for the injury to the person of income the Lessee, the Lessee's employees, agents or profit therefromcontractors as a result of damage or injury caused by earthquake or seismic hazard.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the Industrial Center, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a partIndustrial Center, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereininaccessible to Lessee, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee lessee, occupant or user of Lessor the Industrial Center, nor from the failure by of Lessor to enforce the provisions of any other lease in of the Industrial Center. Except Notwithstanding anything in this Paragraph 8.9 to the case of contrary, but subject to Paragraph 8.7, nothing in this Lease shall limit Lessor's liability for injuries to natural persons or damage to property to the extent caused by the active negligence or willful conductmisconduct of Lessor, Lessor's breach of this Lease its employees or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromagents.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable to Lessee for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise merchandise, or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the Industrial Center, nor shall Lessor be liable to Lessee for injury to the person of Lessee, Lessee's employees, agents, or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions to the extent arising upon the Premises or upon other portions of the Building of which the Premises are a partIndustrial Center, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or notinaccessible to Lessee. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable to Lessee for any damages to the extent arising from any act or neglect of any other lessee lessee, occupant, or user of Lessor the Industrial Center, nor from the failure by of Lessor to enforce the provisions of any other lease in of the Industrial Center. Except The foregoing exemption of Lessor from liability set forth in the case two preceding sentences shall not extend to any liability of Lessor's Lessor arising out of the gross negligence or willful conduct, Lessor's breach misconduct of this Lease Lessor or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromemployees.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, wares merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of , unless caused by Lessor's or its agents' or employees' gross negligence or willful conductintentional misconduct, Lessor's maintenance obligations hereunder, a latent defect in the Premises, Building or Common Area not constructed or installed by Lessee or any default or breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, under this Lease. Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial CenterBuilding. Except in the case of Notwithstanding Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereinLease, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom. This Paragraph 8.8 shall be inapplicable respecting the damages for delay in delivery of the original Premises or the Expansion Space as specified in Sections 3.3 and 50.6 hereof.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the PremisesPremises or the Industrial Center, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a partIndustrial Center, or from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor hereininaccessible to Lessee, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee lessee, occupant or user of Lessor the Industrial Center, nor from the failure by of Lessor to enforce the provisions of any other lease in of the Industrial Center. Except Notwithstanding anything in this Paragraph 8.9 to the case contrary, but subject to Paragraph 8.7, nothing in this Paragraph 8.9 shall limit Lessor's liability for injuries to natural persons or direct damage to property to the extent caused by the active negligence or wilful misconduct of Lessor's negligence , its employees or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromagents.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessee hereby agrees that Lessor shall not be liable Liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, customers or any other person in there or about the PremisesPremises nor shall lessor be liable for injury to the person of Lessee, Lessee's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, rain or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning condition or lighting fixtures, fixtures or from any other cause, cause whether said the same damage or injury or damage results from conditions arising upon the Premises or upon other portions of the Building building of which the Premises are a part, part or from other sources or places, places and regardless of whether the cause of such damage or injury results from the sole negligence or willful acts of Lessor, Lessor's employees, agents or contractors. Not withstanding the means above, Lessee shall be under no duty to indemnify and hod Lessor harmless from any liability, claims, or damages arising because of repairing the same sole negligence or any intentional or willful acts of Lessor or any person who is accessible an agent or not. Except employee of Lessor acting in the case course and scope of their agency or employment. 14. PROPERTY INSURANCE- (a) Lessor, at Lessee's sole cost and expense(which cost shall not exceed $100,000 per year), shall provide property damage insurance on the building itself. From and after the Possession Date, Lessor agrees at lessee's sole expense to maintain in full force during the full term of this Lease and any extended term thereof, and Lessee agrees to reimburse Lessor for the cost of, a policy of "all risk" extended coverage property damage insurance coverage for the building, any and all improvements thereto, and any personal property of Lessor contained therein, in the amount of its full replacement value, insuring against loss or damage resulting from fire, vandalism, malicious mischief, earthquake, flood, and such other perils ordinarily included in extended coverage casualty insurance policies. Lessor shall provide lessee with a copy of relevant portions of Lessor's negligence insurance policy, including coverage and exclusions from coverage. Lessee will maintain the fire alarm system, sprinkler system and provide a fire alarm monitoring system to respond to fire emergencies on the Premises to the extent required by Santa Clara. In the event that Harris' 'property insurers are not wi▇▇▇▇▇ to provide insurance ▇▇▇ ▇he Santa Clara facility or willful conductrequire upgrades and/or improvements for loss ▇▇▇▇ention purposes which Lessor is unable or unwilling to make, Lessor's breach Lessee hereby agrees to independently obtain adequate property insurance company and include coverage for a building value of this Lease or Lessor's breach $10,000,000 with a maximum deductible of any representations or warranty made by Lessor herein, Lessor shall not $100,000. Lessee hereby agrees that such insurance coverage will be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefromon an "all-risk" property policy form and will include earthquake coverage.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor herein, Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Building of which the Premises are a part, from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations representation or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations representation or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in the case of Lessor's negligence Lessor does not make, ---------------------------------------------- and has not made, representations or willful conductwarranties, Lessor's breach of this Lease express or Lessor's breach of implied, nor does Lessor make any representation or warranty herein regarding the condition of the Premises or any part thereof. Lessee, not Lessor, shall be fully responsible for the costs of and for effectuating any and all alterations, repairs and replacements required to be made by Lessor hereinall governmental authorities having jurisdiction for the continued licensing and certification of the Licensed Facility, as well as all alterations and replacements required to maintain and preserve the Premises in the condition called for herein throughout the Term. Brier Oak Convalescent Lease Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to the person of Lessee, Lessee's patients, employees, agents, contractors or subcontractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises Premises, the furniture and equipment or upon other portions of the Building building of which the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall not be liable for any damages arising from any act or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury inaccessible to Lessee's business or for any loss of income or profit therefrom.

Exemption of Lessor from Liability. Except in for the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representation or warranty made by Lessor hereinwhich is not otherwise attributable to Lessee's actions or omissions and the sole, active negligence or intentional misconduct of Lessor, its agents, employees or contractors, Lessee hereby agrees that Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractorsagents, contractors or invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to Lessee or Lessee's employees, agents, contractors or invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning systems or equipment or lighting fixtures, or from any other cause, whether said damage or injury or damage results from conditions arising upon the Premises Premises, or upon other portions of the Building of which the Premises are a part, from other sources or places, places and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible or not. Except inaccessible to Lessee; provided, however, in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by no event shall Lessor herein, Lessor shall not be liable for any damages arising from any act to Lessee, or neglect of any other lessee of Lessor nor from the failure by Lessor to enforce the provisions of any other lease in the Industrial Center. Except in the case of Lessor's negligence or willful conduct, Lessor's breach of this Lease or Lessor's breach of any representations or warranty made by Lessor herein, Lessor shall under no circumstances be liable for injury to Lessee's business employees, agents, contractors or invitees, for any loss of income lost profits or profit therefromother consequential or speculative losses or damages claimed or incurred by Lessee or by Lessee's employees, agents, contractors or invitees, and Lessee waives and releases all such claims against Lessor for lost profits or other consequential or speculative losses or damages by Lessee and agrees to indemnify Lessor pursuant to Section 8.6 against such claims by Lessee's employees, agents, contractors or invitees.