Common use of Assumption of Risks Clause in Contracts

Assumption of Risks. Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; (ii) fire; or (iii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof, by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing shall be binding to the fullest extent permitted by law.

Appears in 5 contracts

Samples: Housing Agreement, Housing Agreement, Housing Agreement

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Assumption of Risks. Resident ASSUMES ALL RISKS associated with use of the PropertyProperty and, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company agents and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; (ii) fire; or (iii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof, by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing shall will be binding to the fullest extent permitted by law and will not apply to liability of Owner specifically arising under law.

Appears in 3 contracts

Samples: Housing Agreement, Housing Agreement, Housing Agreement

Assumption of Risks. Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; (ii) fire; or (iii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof, by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing shall be binding to the fullest extent permitted by law.. SAMPLE

Appears in 2 contracts

Samples: Housing Agreement, Housing Agreement

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Assumption of Risks. Resident ASSUMES ALL RISKS associated with use of the PropertyProperty and, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company agents and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; (ii) fire; or (iii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof, by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing shall will be binding to the fullest extent permitted by law and will not apply to liability of Owner specifically arising under law.. SAMPLE

Appears in 2 contracts

Samples: Housing Agreement, Housing Agreement

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