Tenant Agreed to Owner's Exculpatory Clause in Lease

Tenant Agreed to Owner's Exculpatory Clause in Lease



Facts: A clause in a lease between a retail tenant and shopping center owner generally exempted the owner from liability and stated that an insurance claim was the tenant's sole recourse for the owner's negligence. Another paragraph specifically precluded the tenant from suing the owner for damages arising out of any remodeling that might take place at the center, but provided for abatement of a portion of the rent under that circumstance.

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