Common use of Express Negligence Disclosure Clause in Contracts

Express Negligence Disclosure. UNLESS THIS AGREEMENT EXPRESSLY PROVIDES TO THE CONTRARY, THE INDEMNITY, RELEASE, WAIVER, AND ASSUMPTION PROVISIONS SET FORTH IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE INDEMNIFIED PARTY CAUSES, IN WHOLE OR IN PART, AN INDEMNIFIED CLAIM, INCLUDING, WITHOUT LIMITATION, INDEMNIFIED CLAIMS ARISING OUT OF OR RESULTING, IN WHOLE OR IN PART, FROM, OUT OF OR IN CONNECTION WITH THE CONDITION OF THE PROPERTY OR THE INDEMNIFIED PARTY’S SOLE OR CONCURRENT NEGLIGENCE OF ANY DEGREE, STRICT LIABILITY OR FAULT. SELLER AND BUYER ACKNOWLEDGE AND AGREE THAT THE FOREGOING STATEMENT IS CONSPICUOUS, AFFORDS FAIR AND ADEQUATE NOTICE AND COMPLIES WITH THE EXPRESS NEGLIGENCE RULE.