DAMAGES AND INDEMNIFICATION. (a) No rights under the AS 38.05.125 reservation may be exercised by the lessee until the lessee has provided to pay the owner of the land, his lessees and permittees, upon which the AS 38.05.125 reserved rights are sought to be exercised, full payment for all damage sustained by the owner by reason of entering the land. If the owner for any reason does not settle the damages, the lessee may enter the land after posting a surety bond determined by the state, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner, his lessees and permittees, payment for damages, and may institute legal proceedings in a court of competent jurisdiction where the land is located to determine the damages which the owner of the land may suffer. The lessee agrees to pay for any damages that may become payable under AS 38.05.130 and to indemnify the state and hold it harmless from and against any claims, demands, liabilities, and expenses arising from or in connection with such damages. The furnishing of a bond in compliance with this paragraph will be regarded by the state as sufficient provision for the payment of all damages that may become payable under AS 38.05.130 by virtue of this lease.
DAMAGES AND INDEMNIFICATION. (a) No rights under the AS 38.05.125 reservation may be exercised by the lessee until the lessee has provided to pay the owner of the land, his lessees and permittees, upon which the AS
DAMAGES AND INDEMNIFICATION. 21.1. The Customer acknowledges that it is entering into this Contract voluntarily and at its sole risk. The Municipality shall not be liable for any losses, damages, Claims, liabilities, costs or expenses which are incurred by the Customer (whether directly or indirectly) arising from negligence relating to the design, construction, installation, Commissioning, operation and maintenance of the Embedded Generator. The Customer hereby indemnifies and holds the Municipality harmless against any Claims which may arise from the Contract.
DAMAGES AND INDEMNIFICATION. 5.1 Where either Party breaches any representations, warranties or undertakings provided in this Agreement, the other Party shall have the right to terminate this Agreement, and request the breaching Party to pay damages to the other party or to indemnify the other party for any losses.
DAMAGES AND INDEMNIFICATION. Member shall be responsible for any and all costs related to damage to the Pilot House or surrounding areas, whether caused by themselves, their invitees or guests or any other individuals attending the event. Member shall also indemnify Pointe Marine, its directors, and employees from all liability, loss, or damage for bodily injury, including death, and property damage caused by the acts of Member, invitees, guests, or other individuals attending the event, including all court costs and actual attorney fees incurred by Pointe Marine if a claim is made against it as a result thereof.
DAMAGES AND INDEMNIFICATION. Grantee and subsequent owners of the Benefited Property will be held liable for any and all damages caused, to Grantor, subsequent owners of the Burdened Property, or to third parties, by the installation, maintenance, or removal of the storm water drain. Grantee and subsequent owners of the Benefited Property agree to indemnify, defend and hold Grantor and subsequent owners of the Burdened Property, and their representatives, agents, invitees, successors and assigns harmless from and against any and all claims, actions, causes of action, demands, damages, costs, liabilities, losses, judgments, expenses or costs of any kind or nature whatsoever (including, but not limited to, attorney's fees) by reason of property damage, death or injury to persons arising from or relating to the laying down, location, construction, reconstruction, removal, replacement, inspection, repair, or maintenance of the storm water drain on the Easement Area.
DAMAGES AND INDEMNIFICATION. Customer hereby releases and agrees to indemnify and hold Company, its agents, servants, employees, directors, officers, successors and assigns harmless from and against any damages, claims, liabilities and expenses (including attorney's fees) resulting (i) from Customer's use of Company's Equipment; and (ii) from any breach of this Agreement except to the extent such damages, claims, liabilities and expenses result from the sole negligence of Company or its agents, servants and employees. Company shall not be liable to Customer or other parties for personal injuries, property damages or other damages, losses or expenses resulting from the exhaustion of Customer's propane supply. This provision shall survive the expiration of the initial term or any renewal term of this Agreement or other termination of the Agreement. In no event shall Company be liable for prospective profits or special, indirect or consequential damages. Anything to the contrary herein notwithstanding, any claim by Customer against Company shall be waived and barred unless asserted by the commencement of an action within twelve (12) months after any allege event, action or inaction to which such claim relates.
DAMAGES AND INDEMNIFICATION. 15.1 The Operator shall indemnify and hold harmless the Authority against and from all claims, actions or proceedings including without limitation claims for loss of life, personal injury or damage to property arising from the performance of any activity, operation or work of the Operator or by any act or omission of the Operator, its officers, employees, agents or contractors, and against and from all costs, liabilities and expenses incurred in respect of any such claim, action or proceedings. This provision shall survive the expiration or termination of this Agreement.
DAMAGES AND INDEMNIFICATION. Client shall permit no damage or waste to the premises during client’s occupancy. Should damage occur, client shall be liable for the full costs of repair and all other monetary damages or loss, including but not limited to lost income, which the Proprietor may suffer because of said damage or the repair of same. MKi Pavilion management reserves the right to refuse service to any parties affiliated with a client or organization that previously violated the contract conditions and/or where damage to the property previously occurred. Without waiving sovereign immunity and only as permitted by Missouri law, client shall indemnify and hold harmless Landlord, its owners, officers, directors, employees and agents from all liability, damages, losses, claims, suits, judgements, costs and expenses, including reasonable attorney’s fees, directly or indirectly incurred by Proprietor as a result of client’s use or occupancy of the Pavilion, including but limited to suits, or claims made by client’s employees, agents, contractors, guest or commercial invitees. Client acknowledges that this agreement is executed in Xxxxxxx County, Missouri where the subject premises and Proprietor’s principal offices are located. Client, therefore, agrees that any dispute arising hereunder shall be governed by the laws of the State of Missouri and further Client does hereby submit to the jurisdiction and the venue of the Circuit Court of Xxxxxxx County, Missouri for the adjudication of all disputes arising hereunder. This agreement constitutes the entirety of the agreement between the parties hereto and may only be amended in writing by the consent of both parties.
DAMAGES AND INDEMNIFICATION. If this Lease shall be terminated as provided in Article XV hereof, Tenant shall forthwith pay to Landlord as damages, in addition to all sums which were due prior to the date of such termination, a sum equal to the amount by which the Basic Rent for the remainder of the Term hereof exceeds the fair rental value of the Demised Premises for the remainder of the Term hereby granted; and in addition thereto will further indemnify Landlord during the remainder of the Term against all loss of Basic Annual Rents due for the remainder of the Term hereby leased, suffered by reason of such termination, first deducting any damages paid as provided above, the loss of such rent, if any, for each month during the remainder of the Term hereof to be paid at the end of each month. For the purposes of computing damages payable hereunder, it is agreed that there shall also be payable to Landlord, as damages, at the time of such termination, the product of the total of (a) the Tenant’s share of common charges and expenses and Demised Premises insurance expenses due from or paid by Tenant in respect of the year in which such termination occurs, and (b) Tenant’s share of real estate taxes due from or paid by Tenant in respect of the year during which such termination occurs. Landlord shall have a duty to use commercially reasonable measures to mitigate its damages.
