Exculpation and Waiver. Tenant, as a material part of the consideration to be rendered to Port, hereby waives any and all Claims, including without limitation all Claims arising from the joint or concurrent, active or passive, negligence of the Indemnified Parties, but excluding any Claims caused solely by the Indemnified Parties' willful misconduct or gross negligence. The Indemnified Parties shall not be responsible for or liable to Tenant, and Tenant hereby assumes the risk of, and waives and releases the Indemnified Parties from all Claims for, any injury, loss or damage to any person or property in or about the Premises by or from any cause whatsoever including, without limitation, (i) any act or omission of persons occupying adjoining premises or any part of the Facility adjacent to or connected with the Premises,
Exculpation and Waiver. To the fullest extent permitted by Law, Licensee, as a material part of the consideration to be rendered to Port, hereby waives any and all Claims, including without limitation all Claims arising from the joint or concurrent, active or passive, negligence of the Indemnified Parties, but excluding any Claims caused solely by the Indemnified Parties' willful misconduct or gross negligence. The Indemnified Parties shall not be responsible for or liable to Licensee, and Licensee hereby assumes the risk of, and waives and releases the Indemnified Parties from all Claims, whether direct or indirect, known or unknown, foreseen or unforeseen, for any injury, loss or damage to any person or property in or about the License Area by or from any cause whatsoever including, without limitation, (i) any act or omission of persons occupying adjoining premises or any part of the Facility adjacent to or connected with the License Area, (ii) theft, (iii) explosion, fire, steam, oil, electricity, water, gas or rain, pollution or contamination, (iv) stopped, leaking or defective Facility Systems,
Exculpation and Waiver. NEITHER HOLDER NOR ANY OF THE OTHER INDEMNIFYING PARTIES WILL HAVE ANY CLAIM, AND XXXXXX (ON BEHALF OF ITSELF AND THE OTHER INDEMNIFYING PARTIES) HEREBY EXPRESSLY WAIVES AND FOREVER RELEASES AND DISCHARGES ANY AND ALL CLAIMS AGAINST ARIN AND/OR ANY OTHER INDEMNIFIED PARTIES WITH RESPECT TO ANY SERVICE OR ANY INCLUDED NUMBER RESOURCES.
Exculpation and Waiver. NEITHER LEGACY HOLDER NOR ANY OF THE OTHER INDEMNIFYING PARTIES WILL HAVE ANY CLAIM, AND LEGACY HOLDER (ON BEHALF OF ITSELF AND THE OTHER INDEMNIFYING PARTIES) HEREBY EXPRESSLY WAIVES AND FOREVER RELEASES AND DISCHARGES ANY AND ALL CLAIMS AGAINST ARIN AND/OR ANY OTHER INDEMNIFIED PARTIES WITH RESPECT TO ANY SERVICE OR ANY INCLUDED NUMBER RESOURCES.
Exculpation and Waiver. TNHC acknowledges that the System is a member in IHP. Notwithstanding any other term or provision of this Agreement, System’s liability hereunder is solely that of a member in IHP and no personal or direct liability shall at any time be asserted or enforceable against System, its Board, any member thereof, or any officer, shareholder, partner, member, retirant, beneficiary, trustee, agent, employee, internal investment contractor, representative or Affiliates of System on account of or arising out of any obligations arising out of or related to this Agreement. TNHC agrees that it shall look solely to the Membership Interest of IHP under this Agreement for the enforcement of any claims against IHP arising hereunder or related hereto, and waives any claim against the members in IHP including the System, irrespective of the compliance or noncompliance now or in the future with any requirements relating to the limitation of liability of members.
Exculpation and Waiver. Licensee, as a material part of the consideration to be rendered to Port, hereby waives any and all Claims, including without limitation all Claims arising from the joint or concurrent, active or passive, negligence of the Indemnified Parties, but excluding any Claims caused solely by the Indemnified Parties' willful misconduct or gross negligence. The Indemnified Parties shall not be responsible for or liable to Licensee, and Licensee hereby assumes the risk of, and waives and releases the Indemnified Parties from all Claims for, any injury, loss or damage to any person or property in or about the License Area by or from any cause whatsoever including, without limitation, (i) any act or omission of persons occupying adjoining premises or any part of the Facility adjacent to or connected with the License Area, (ii) theft, (iii) explosion, fire, steam, oil, electricity, water, gas or rain, pollution or contamination, (iv) stopped, leaking or defective Facility Systems, (v) Facility defects, (vi) damages to goods, wares, goodwill, merchandise, equipment or business opportunities, (vii) Claims by persons in, upon or about the License Area, the Facility or any other Port property for any cause arising at any time, (viii) alleged facts or circumstances of the process or negotiations leading to this License prior to the Commencement Date, (ix) inability to use all or any portion of the License Area due to sea level rise, and (x) any other acts, omissions or causes. Licensee understands and expressly accepts and assumes the risk that any facts concerning the Claims released in this License might be found later to be other than or different from the facts now believed to be true, and agrees that the releases in this License shall remain effective. Therefore, with respect to the Claims released in this License, Licensee waives any rights or benefits provided by Section 1542 of the Civil Code, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Licensee specifically acknowledges and confirms the validity of the release made above and the fact that Licensee was represented by counsel who explained the consequences of the release at the time this License was made, or that Licensee had the opportunity to consult with counsel, but declined to do so.
Exculpation and Waiver. Neither You nor any of the other Indemnifying Parties will have any Claim, and You (on behalf of Yourself and the other Indemnifying Parties) hereby expressly waives and forever releases and discharges any and all Claims, against ARIN and/or any other Indemnified Parties with respect to the Resource Certification and/or the RPKI Services (or any part thereof).
Exculpation and Waiver. Developer acknowledges that the System is a limited partner in IHP. Notwithstanding any other term or provision of this Agreement, System’s liability hereunder is solely that of a limited partner in IHP and no personal or direct liability shall at any time be asserted or enforceable against System, its Board, any member thereof, or any employee or agent of System on account of or arising out of any obligations arising out of or related to this Agreement. Developer agrees that it shall look solely to the Membership Interest of IHP under this Agreement for the enforcement of any claims against IHP arising hereunder or related hereto, and waives any claim against the partners of IHP including the System, irrespective of the compliance or noncompliance now or in the future with any requirements relating to the limitation of liability of limited partners.
Exculpation and Waiver. To the fullest extent permitted by law, but subject to Section 6.3 below, the Xxxx Trust, as a material part of the consideration to be rendered to Port, hereby waives any and all Claims relating to the conditions of or use of Former Xxxxxx Avenue by the Xxxx Trust during the Term, including any injury, loss or damage to any person or property in or about the Former Xxxxxx Avenue by or from (i) pollution or contamination, (ii) Claims by persons in, upon or about the Former Xxxxxx Avenue, (iii) inability to use all or any portion of the Former Xxxxxx Avenue due to sea level rise, and (iv) any other acts, omissions or causes to the fullest extent permitted by law, including without limitation all Claims arising from the joint or concurrent, active or passive, negligence of the Indemnified Parties, but excluding any Claims caused solely by the Indemnified Parties' willful misconduct or gross negligence. The Xxxx Trust understands and expressly accepts and assumes the risk that any facts concerning the Claims released in this Agreement might be found later to be other than or different from the facts now believed to be true, and agrees that the releases in this Agreement shall remain effective. Therefore, with respect to the Claims released in this Agreement, the Xxxx Trust waives any rights or benefits provided by Section 1542 of the Civil Code, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The Xxxx Trust specifically acknowledges and confirms the validity of the release made above and the fact that the Xxxx Trust was represented by counsel who explained the consequences of the release at the time this Agreement was made.
Exculpation and Waiver. Except as otherwise expressly provided in this Lease and except to the extent caused by the negligence or willful misconduct of Landlord, its agents and employees (but subject to the insurance provisions in Article 22 above), Landlord shall not be liable to Tenant, its agents, employees, guests or invitees (and, if Tenant is a corporation, its officers, agents, employees, guests or invitees) for any damage caused to any of them due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from electricity; provided, however, that this Section shall not preclude Tenant from seeking recovery from any third party responsible for such damage or injury.
