Common use of Non-Liability of Owner Clause in Contracts

Non-Liability of Owner. ▇▇▇▇▇▇ agrees to hold OWNER harmless and indemnified from any injury, loss, claim or damage, whether proximate or remote, to any person or property occurring on the Sky Park Area or adjacent real property, whether or not caused by any repair, alteration, injury or accident to or on the Sky Park Area, or OWNER’s adjacent real property resulting from the negligence or default of TENANT or TENANT’s agents, employees, licensees, contractors or invitees, or any owner or occupant thereof or any other person, unless the same shall be caused by the act, negligence or default of OWNER, or of OWNER's employees, agents, licensees or contractors. OWNER shall not be liable for damage to property of TENANT or of others located at the Sky Park Area nor for loss of or damage to any property of TENANT or of others by theft or otherwise unless caused by affirmative act or gross negligence by OWNER or OWNER’s agents or employees.