Limitation on Liability of Manager Clause Samples

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the Residence or on the lands on which the Residence is situated. Without limiting the generality of the foregoing, such property includes and is not limited to, personal property of the Resident (including their vehicle(s) and their contents) and damage includes and is not limited to; damage caused by the failure of the plumbing or heating system or any other building system, defects in the structure of the Building, water or snow penetration, exterior weather conditions, damage arising from any cause beyond the control of the Manager or Institution, and any damage or injury arising from the activities of employees, contractors or agents of the Manager and the Institution. The Resident agrees that by executing the Agreement and residing in the Residence, they are acknowledging that they understand and freely assume the risks associated with communal living, including but not limited to risks of potential exposure to physical, mental or emotional harm or injury, communicable diseases and other contagious viruses. Accordingly, the Resident on their own behalf and on behalf of their successors, beneficiaries and next of kin hereby waives their right to demand or make any claim against (and indemnifies, releases and covenants and agrees to hold harmless each of) the Manager, the Institution, their agents, contractors, officers, directors, governors, management, successors, assigns, students and employees from or in relation to any and all damages, physical or other harm, death, ▇▇▇▇▇▇▇▇▇, claims, expenses or loss due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care (collectively, “Claims”) arising under or related to this Student Residence Agreement and the provision of services or accommodation, including but not limited to exposure to communicable diseases and contagious viruses. The Resident further agrees to take all reasonable precautions and follow recommendations by public health authorities to mitigate the spread of communicable diseases while living in the Residence community. Failure to follow the Student Residence Agreement and measures related to said communicable diseases (including but not limited to Covid-19), or failure ...

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the Residence or on the lands on which the Residence is situated. Without limiting the generality of the foregoing, such property includes and is not limited to, personal property of the Resident (including their vehicle(s) and their contents) and damage includes and is not limited to; damage caused by the failure of the plumbing or heating system or any other building system, defects in the structure of the Building, water or snow penetration, exterior weather conditions, damage arising from any cause beyond the control of the Manager or Institution, and any damage or injury arising from the activities of employees, contractors or agents of the Manager and the Institution. The Resident agrees that by executing the Agreement and residing in the Residence, they are acknowledging that they understand and freely assume the risks associated with communal living, including but not limited to risks of potential exposure to physical, mental or emotional harm or injury, communicable diseases and other contagious viruses. Accordingly, the Resident on their own behalf and on behalf of their successors, beneficiaries and next of kin hereby waives their right to demand or make any claim against (and

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the Residence or on the lands on which the Residence is situated. Without limiting the generality of the foregoing, such property includes and is not limited to, personal property of the Resident (including their vehicle(s) and their contents) and damage includes and is not limited to; damage caused by the failure of the plumbing or heating system or any other building system, defects in the structure of the Building, water or snow penetration, exterior

Limitation on Liability of Manager. No Manager of the Company shall be liable to the Company or its Members for monetary damages for breach of fiduciary duty as a Manager; provided that nothing contained herein shall eliminate or limit the liability of a Manager: (a) for any breach of the Manager’s duty of loyalty to the Company or its Members; (b) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of the law; and (c) for any transaction from which the Manager derived an improper personal benefit.

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the Resident for any loss or damage, however caused to the Resident, the property of the Resident or to the property of the Resident’s guest(s) while in the Residence or on the lands on which the Residence is situated. Without limiting the generality of the foregoing, such property includes and is not limited to, personal property of the Resident (including their vehicle(s) and their contents) and damage includes and is not limited to; damage caused by the failure of the plumbing or heating system or any other building system, defects in the structure of the Building, water or snow penetration, exterior weather conditions, damage arising from any cause beyond the control of the Manager or Institution, and any damage or injury arising from the activities of employees, contractors or agents of the Manager and the Institution. The Resident agrees that by executing the Agreement and residing in the Residence, they are acknowledging that they understand and freely assume the risks associated with communal living, including but not limited to risks

Limitation on Liability of Manager. Unless arising as a result of their gross negligence, the Manager and the Institution shall not be liable to the

Limitation on Liability of Manager. Manager, its agents, servants and employees shall have absolutely no liability to Owner for any loss or expense related to the Property or any obligations arising out of or relating to this Agreement or otherwise, unless such loss or expense is caused solely by Manager’s gross negligence, fraud or willful misconduct. WHEREFORE, the parties have executed this Agreement as of the Effective Date. [Series LLC] By: _____________________________ Name: ___________________________ Its: ______________________________ Arrived Holdings, Inc. By: _____________________________ Name: ___________________________ Its: ______________________________

Limitation on Liability of Manager. The Manager and the Institution shall not, except in instances of their own gross negligence, be liable or responsible in any way for any personal injury, discomfort or death that may be suffered or sustained by the Resident, any occupant, any guest or other person on the Premises, the Suite, the Building and/or the Lands, or any other person whom the Resident is responsible at law, or for any loss of or damage or injury to any property, including vehicles and contents thereof, belonging to the Resident, any guest or other person, or any other person whom the Resident is responsible at law, while such property is on the Premises, the Suite, the Building and/or the Lands. In particular, but without limiting the generality of the foregoing, the Manager and the Institution shall not be liable for any damage caused by: (a) gas, oil, steam, water, rain, snow or salt, which may leak into, issue or flow from any part of the Suite, the Premises or the Building; (b) water, steam, sprinkler or drainage pipes or plumbing works of the same, or from any other place or quarter; (c) the condition or arrangement of any heating system, electrical or other wiring; (d) structural defects of the Building or any portion thereof; (e) anything done or omitted to be done by any other student of the Institution; (f) anything done or omitted to be done by any agents, employees, representatives, professional advisors and tradespeople of either the Manager and/or the Institution; (g) any force or circumstance outside the direct control of either the Manager and/or the Institution; (h) acts of neglect by any owners or occupants of adjacent property; or (i) any steps taken to eliminate vermin. The Resident hereby acknowledges and agrees that by accepting this Agreement and residing in the Premises, they understand and freely assume the risks associated with communicable diseases and other contagious viruses while residing in a communal living space. The Resident, on their own behalf and on behalf of their heirs, executors, administrators, successors and assigns, hereby waives and renounces their right to demand or make any claim against the Manager, the Institution, or any of the Manager’s and/or Institution’s employees, agents, officers, directors, governors, trustees, officer’s, members, successors and assigns (collectively, the “Indemnified Parties”) for, and indemnifies, releases and saves harmless the Indemnified Parties from, any and all costs, charges, liability, claims, expense...