Common use of Indemnification Liability Clause in Contracts

Indemnification Liability. Camper shall indemnify Campground and shall hold Campground harmless from and against any and all claims, actions, damages, liabilities, and expenses, including attorneys’ fees, in connection with any occupant, invitee, or guest in, upon or at the Campsite arising out of or caused by the occupancy or use of the Campsite or any part thereof when the same is occasioned, wholly or in part, by an act or omission of Camper, its occupant, invitee, or guest including, without limitation, any accident, injury, or damage to any person or property, or by reason of Camper’s breach or default in the performance of Camper’s obligations under this Agreement. If the Campground shall, without fault on its part, be made a party to any litigation commenced by or against Camper, the Camper shall protect and hold the Campground harmless and pay all costs, expenses, and attorneys’ fees incurred or paid by Campground in connection with such litigation. Camper’s indemnification of Campground under this section shall survive the expiration or termination of this Agreement. Camper shall read and is familiar with Wis. State Statute 895.525 (3) & (4). Campground shall not be liable to Camper, and Camper hereby waives all claims against Campground, for: any injury or damage to any person or property in or about the Campsite, or any equipment becoming out of repair or for the interruption of electrical service or any other utility service to the Campsite, any act or neglect of Campground or of other campers or occupants or employees in the Campground, or any other thing or circumstance whatsoever. All property in or about the Campsite belonging to Camper, its guests or invitees shall be there solely at the risk of Camper. If Campground fails to perform any of Campground’s obligations under this Agreement and, as a consequence, Camper recovers a money judgement against Campground, the judgement shall be satisfied only out of the proceeds of sale (received upon execution of the judgement) of Campground’s title in the Campground, and no officer or member of Campground shall be personally liable for any deficiency. Failure of Campground to insist upon compliance with the terms of this Agreement shall not constitute a waiver of any violation. No waiver by Campground of any provision of this Agreement shall not be deemed a waiver of any other provision hereof or of any subsequent breach by Camper of the same or any other provision.

Appears in 3 contracts

Samples: Playful Goose Campground, Playful Goose Campground, 2020 Seasonal Agreement

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Indemnification Liability. Camper shall indemnify Campground and shall hold Campground harmless from and against any and all claims, actions, damages, liabilities, and expenses, including attorneys’ fees, in connection with any occupant, invitee, or guest in, upon or at the Campsite arising out of or caused by the occupancy or use of the Campsite or any part thereof when the same is occasioned, wholly or in part, by an act or omission of Camper, its occupant, invitee, or guest including, without limitation, any accident, injury, or damage to any person or property, or by reason of Camper’s breach or default in the performance of Camper’s obligations under this Agreement. If the Campground shall, without fault on its part, be made a party to any litigation commenced by or against Camper, the Camper shall protect and hold the Campground harmless and pay all costs, expenses, and attorneys’ fees incurred or paid by Campground in connection with such litigation. CamperXxxxxx’s indemnification of Campground under this section shall survive the expiration or termination of this Agreement. Camper shall read and is familiar with Wis. State Statute 895.525 (3) & (4). Campground shall not be liable to Camper, and Camper hereby waives all claims against Campground, for: any injury or damage to any person or property in or about the Campsite, or any equipment becoming out of repair or for the interruption of electrical service or any other utility service to the Campsite, any act or neglect of Campground or of other campers or occupants or employees in the Campground, or any other thing or circumstance whatsoever. All property in or about the Campsite belonging to Camper, its guests or invitees shall be there solely at the risk of Camper. If Campground fails to perform any of Campground’s obligations under this Agreement and, as a consequence, Camper Xxxxxx recovers a money judgement against Campground, the judgement shall be satisfied only out of the proceeds of sale (received upon execution of the judgement) of Campground’s title in the Campground, and no officer or member of Campground shall be personally liable for any deficiency. Failure of Campground to insist upon compliance with the terms of this Agreement shall not constitute a waiver of any violation. No waiver by Campground of any provision of this Agreement shall not be deemed a waiver of any other provision hereof or of any subsequent breach by Camper of the same or any other provision.

Appears in 1 contract

Samples: Playful Goose Campground

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