Common use of Liability of Owner Clause in Contracts

Liability of Owner. To the fullest extent permitted by applicable Law but subject to Section 16.7 below, during the Term, none of Owner or any of its Affiliates shall be liable for any injury or damage to (a) any property of Manager or any other Person occurring on or about the Premises, or (b) any Person occurring on or about the Premises, unless caused by Owner's willful misconduct, gross negligence or breach of this Agreement; provided, however, that notwithstanding whether the injury or damage is caused by any act or failure to act of any Indemnitee, neither Owner, nor any Indemnitee shall have any liability for any injury or damage for which Manager would have been reimbursed under policies of insurance required by the terms of this Agreement to be maintained by Manager (i) had Manager not failed to procure or maintain such policies of insurance or (ii) had Manager not failed to procure or maintain such policies of insurance with at least the limits herein specified. Owner's right to enter and inspect the Premises is intended solely to allow Owner to ascertain whether Manager is complying with this Agreement and (to the extent this Agreement allows) to cure any Default. Such provisions shall not impose upon Owner any liability to third parties, but nothing in this Agreement shall be construed to exculpate, relieve, or Indemnify Owner from or against any liability of Owner: (y) to third parties existing at or before the Commencement Date; or (z) arising from Owner's intentional acts or omissions or negligence.