Liability of Tenant and Landlord Clause Samples

Liability of Tenant and Landlord. (a) Tenant shall indemnify, defend and hold harmless Landlord (including Landlord’s members, directors, officers, employees, agents and invitees) from any and against any and all liability, claims, suits, actions, losses, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) for any damage or injury to any person (including death resulting therefrom) or property occurring in, on, or about the Premises arising from or caused by any person whomsoever except to the extent caused by the gross negligence or willful misconduct of Landlord and its members, directors, officers, employees, agents, and invitees, and Tenant hereby releases Landlord from any and all liability for the same. (b) Landlord shall indemnify, defend and hold harmless Tenant from any and against any and all liability, claims, suits, actions, losses, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) for any damage or injury to any person (including death resulting therefrom) or to the Premises to the extent caused by the gross negligence or willful misconduct of Landlord or of any member, director, officer, employee, agent or invitee under the direction or control of Landlord. (c) Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant shall not be liable and hereby release one another with respect to and waive all rights to consequential damages arising in connection with or pursuant to this Lease and the use, management and occupancy of the Premises. (d) The provisions of this Paragraph shall survive any termination of this Lease.
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Liability of Tenant and Landlord. No termination of this Lease pursuant to Section 15.02 hereof or by operation of law or otherwise (except as expressly provided herein) and no repossession of the Premises or any part thereof pursuant to Section 15.03 hereof or otherwise, shall relieve Tenant or Landlord of their respective liability and obligations hereunder, all of which shall survive such termination or repossession. Landlord shall be entitled, at its election, to ▇▇▇ for and receive each increment of Rent and Additional Rental as and when the same shall become due, irrespective of whether Landlord shall have terminated this Lease or reentered and relet the Premises or any portion thereof, provided only that in the event of reletting, Tenant shall be entitled to a credit for the Reletting Proceeds, if any, up to the amount of Rent and Additional Rental that would otherwise have been due from Tenant to Landlord hereunder.
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Liability of Tenant and Landlord. A. DAMAGE OR INJURY TO Tenant OR HIS/HER PROPERTY: Landlord is not responsible for any damage or injury that is done to Tenant or his/her property, guests or their property that was not caused by Landlord. ▇▇▇▇▇▇▇▇ recommends that ▇▇▇▇▇▇ obtain Renter’s Insurance to protect against injuries or property damage.
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Liability of Tenant and Landlord. DAMAGE OR INJURY TO TENANT OR HIS/HER PROPERTY: Landlord shall not be liable for any damage or losses to Tenant or Tenant's property unless caused by the gross negligence or willful misconduct of Landlord or Landlord's agent. Landlord shall not be liable for personal injury to Tenant or Tenant's guests or for damage to Tenant's personal property caused by action of third parties or other accidents or casualties, including but not limited to criminal acts, acts of nature, fire, smoke, bursting pipes, frozen pipes, water, sewer or sewage back-ups, water leaks, seepage, explosions, garage door malfunctions, any casualty or other like causes. IT IS THE RESPONSIBILITY OF TENANT TO OBTAIN “RENTERS' INSURANCE” TO COVER PERSONAL PROPERTY, PERSONAL LIABILITY, ACCIDENT AND OTHER INSURANCE AND MEDICAL COVERAGE TO PROTECT TENANT(S) AND TENANT'S GUEST, TENANT'S PERSONAL PROPERTY AND IMPROVEMENTS INSTALLED BY TENANT AND TO COVER LIVING AND MOVING EXPENSES IN THE EVENT TENANT IS UNABLE TO LIVE IN THE PREMISES ON A TEMPORARY BASIS OR MUST VACATE DUE TO CASUALTY OR DAMAGE. INSURANCE CARRIED BY LANDLORD DOES NOT COVER ANY PROPERTY OF TENANT OR TENANT'S LOST USE OF THE PREMISES.
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Related to Liability of Tenant and Landlord

  • Landlord Liability Tenant, its successors and assigns, shall not assert nor seek to enforce any claim for breach of this Lease against any of Landlord's assets other than Landlord's interest in the Industrial Center. Tenant agrees to look solely to such interest for the satisfaction of any liability or claim against Landlord under this Lease. In no event whatsoever shall Landlord (which term shall include, without limitation, any general or limited partner, trustees, beneficiaries, officers, directors, or stockholders of Landlord) ever be personally liable for any such liability.

  • LIABILITY OF LANDLORD (a) If Landlord should sell or otherwise transfer Landlord’s interest in the Premises, Tenant agrees that Landlord shall thereafter have no liability to Tenant under this Lease or any modification or amendment thereof or extensions or renewals thereof, except for such liabilities which might have accrued prior to the date of such sale or transfer of Landlord’s interest. (b) Notwithstanding anything herein contained to the contrary, if Landlord shall at any time be in default of its obligations hereunder, Tenant shall not exercise any of its remedies for such default unless Tenant shall have given Landlord written notice thereof (but Landlord shall not be deemed in default if such default cannot reasonably be cured in thirty (30) days and Landlord commences to remedy such default within said thirty (30) day period and proceeds therewith with due diligence until completion); provided, however, if Landlord’s default has created an emergency situation requiring immediate corrective action to protect property or persons from damage or injury, Tenant shall be permitted to take reasonable corrective action at Landlord’s expense prior to such notice provided Tenant has used reasonable efforts to give Landlord verbal notice and Landlord has not promptly responded. (c) If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed or if Landlord shall be liable to Tenant in any way arising out of this Lease, or pursuant to statute, law, ordinance or regulation, or under the common law, and, as a consequence, if Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the Landlord’s interest in the Building and the Land and the proceeds thereof. If Landlord is an individual, a trustee of a trust or a partnership, Landlord’s obligations hereunder shall not be binding upon, nor shall there be any personal liability by, Landlord individually, the trustees of said trust, the beneficiaries of said trust, the partnership, or the partners of the partnership.

  • LANDLORD'S LIABILITY If Landlord defaults under this Agreement and if, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied against the right, title and interest of Landlord in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom as the same may then be constituted and encumbered, and Landlord shall not be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the Shopping Center including, but not limited to, the rents, proceeds and profits derived therefrom. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at law or in equity; provided, however: (a) Tenant shall have no right to offset or ▇▇▇▇▇ rent in the event of any default by Landlord under this Agreement, except to the extent offset rights are specifically provided to Tenant in this Agreement; (b) Tenant shall have no right to terminate this Agreement unless determined by a court of competent jurisdiction under applicable law taking into account the nature of the breach; and (c) Tenant’s rights and remedies hereunder shall be limited to the extent this Agreement otherwise expressly limits Tenant’s rights or remedies. Notwithstanding anything contained in this Agreement to the contrary, the obligations of Landlord under this Agreement (including any actual or alleged breach or default by Landlord) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of Landlord or Landlord’s partners, and Tenant shall not seek recourse against the individual partners, directors, officers, members or shareholders of Landlord or against Landlord’s partners or any other persons or entities having any interest in Landlord, or any of their personal assets for satisfaction of any liability with respect to this Agreement. Notwithstanding anything contained in this Agreement to the contrary, in no event shall Landlord or any Landlord’s officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders, or other principals or representatives, disclosed or undisclosed (and their respective successors and assigns) ever be liable pursuant to this Agreement for lost profits or consequential, speculative or punitive damages.

  • Removal of Tenant Property by Tenant Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal.

  • DAMAGE TO LEASED PREMISES In the event the building housing the Premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee’s occupancy of the Premises, then in every such cause, the rent herein set forth shall be abated or adjusted according to the extent to which the leased Premises have been rendered unfit for use and occupation by the Lessee and until the demised Premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage.