Common use of Indemnification; Release of Liability Clause in Contracts

Indemnification; Release of Liability. Licensee hereby agrees to indemnify, defend, save and hold harmless the Venue, Global Spectrum, L.P., Ovations Food Services, L.P., the owner of the Facility, Xxxxxx County Improvement Authority, Xxxxxx County and any other present or future lender providing financing to the owner of the Facility in connection with the construction or operation of the Facility, and their respective successors and assigns, and each of their respective partners, agents, officers, directors, employees and representatives (collectively, "Indemnitees") from and against any and all claims, suits, losses, injuries, damages, liabilities and expenses, including, without limitation, reasonable attorneys' fees and expenses (“Claims or Costs”), occasioned in connection with, arising or alleged to arise from, wholly or in part, (i) any breach of this Agreement by Licensee, or (ii) the exercise by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation or order, of or by Licensee or any of its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, servants, players, guests, or invitees, participants or artists appearing in the Event (including support personnel in connection with the presentation of the Event), persons assisting Licensee (whether on a paid or voluntary basis) or any person admitted to the Facility by Licensee, during the Term or any other time while the Facility (or any part thereof) is used by or are under the control of Licensee, which shall include any and all COVID-19 related Claims or Costs asserted or alleged against Indemnitees arising out of the Event. Licensee shall be obligated to indemnify, defense, save and hold harmless Indemnitees for COVID-19 related Claims or Costs regardless of whether the Venue is alleged to have been negligent, in whole or in part. It is further the intent of this Agreement that this indemnity provision shall apply to any claims made by employees of Licensee against the Venue, and this Agreement is deemed a written agreement for indemnity under the workers’ compensation laws of the state where the Facility is located. The Venue makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws by the Facility for any aspect of Licensee’s intended use. Licensee further agrees that the Facility is being provided "AS IS", "WHERE IS" and "WITH ANY AND ALL FAULTS" and without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose. Licensee agrees that all of its property or property of others in or on the Facility shall be used and/or stored in the Facility at the sole risk of Licensee, and Licensee hereby waives and releases the Venue and the Indemnitees from any and all Claims or Costs related thereto to the fullest extent permitted by law. The provisions of this Section 6 shall survive any expiration or termination of this Agreement.

Indemnification; Release of Liability. Licensee hereby agrees to indemnify, defend, save defend and hold harmless the VenueLicensor, Global SpectrumThe Gwinnett Convention and Visitor’s Bureau, L.P.Inc. (“GCVB”), Ovations Food Gwinnett County, Georgia and its Board of Commissioners (“Gwinnett County”), Aramark Sports & Entertainment Services, L.P., the owner of the Facility, Xxxxxx County Improvement Authority, Xxxxxx County and any other present or future lender providing financing to the owner of the Facility in connection with the construction or operation of the Facility, and their respective successors and assignsLLC, and each of their respective partnersparent, agentssubsidiary and affiliated companies, and all of their respective directors, officers, directorsshareholders, agents and employees and representatives (collectively, "Indemnitees") from and against any and all claims, suits, losses, injuries, damages, liabilities and expenses, including, without limitation, independent contractors, if any, rendering security services in connection with the Event (collectively, the “Licensor Parties”) from and against all actions, suits, proceedings, judgments, settlements, demands, claims, damages, liabilities, losses or expenses whatsoever including, but not limited to, lost profits, reasonable attorneys' fees attorney’s fees, allocable costs of in-house counsel and expenses court costs, whether fixed or contingent, actual or threatened, known or unknown, false or fraudulent (collectively, the “Claims or CostsClaims”), occasioned caused by, arising out of, resulting from or in connection withwith (a) Licensee’s occupancy and use of the Premises or other such areas hereunder, arising including but not limited to the entrances, lobbies and exits thereof, the sidewalks, streets and approaches adjoining the Premises, or any other portion of the Premises in connection with the Event; (b) any personal injury, bodily injury, death or property damage suffered in connection with the Event (including, but not limited to, injuries or damages to Licensee, spectators, participants, and/or others); (c) any defect in or other problem with any equipment and/or staging provided by Licensee in connection with the Event; (d) any negligent or grossly negligent action, inaction, omission or intentional misconduct of Licensee, its invitees and guests; (e) any failure to provide adequate security, including any actual or alleged failure to arise fromwarn, wholly guard and protect persons or in part, property from harm or damage; (if) any conduct or activities of Licensee which violates any applicable international, country, U.S., state or local law, rule, regulation, or ordinance; (g) any breach, alleged breach or misrepresentation of any term, covenant, condition, or warranty contained in this Agreement by Licensee; (h) any failure of Licensee to properly procure all necessary music or other licenses or arising from or related to any other claimed rights of publicity, copyright or similar infringement or the use of any patented, trademarked, franchised or copyrighted materials, equipment, devices, processes, or (ii) the exercise dramatic rights furnished or used by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation or order, of or by Licensee or any of its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, servants, players, guests, or invitees, participants or artists appearing in the Event (including support personnel in connection with the presentation of the Event), persons assisting Licensee (whether on a paid or voluntary basis) or any person admitted to the Facility by Licensee, during the Term or any other time while the Facility (or any part thereof) is used by or are under the control of Licensee, which shall include any and all COVID-19 related Claims or Costs asserted or alleged against Indemnitees arising out of the Event. Licensee shall be obligated to indemnify, defense, save and hold harmless Indemnitees for COVID-19 related Claims or Costs regardless of whether the Venue is alleged to have been negligent, in whole or in part. It is further the intent of this Agreement that this indemnity provision shall apply to any claims made by employees of Licensee against the Venue, and this Agreement is deemed a written agreement for indemnity under the workers’ compensation laws of the state where the Facility is located. The Venue makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws by the Facility for any aspect of Licensee’s intended use. Licensee further agrees that the Facility is being provided "AS IS", "WHERE IS" and "WITH ANY AND ALL FAULTS" and without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose. Licensee agrees that all of its property or property of others in or on the Facility shall be used and/or stored in the Facility at the sole risk of Licensee, and Licensee hereby waives and releases the Venue and the Indemnitees from any and all Claims or Costs related thereto to the fullest extent permitted by law. The provisions of this Section 6 shall survive any expiration or termination of this Agreement.; and/or

Indemnification; Release of Liability. Licensee hereby agrees to indemnify, defend, save and hold harmless the Venue, Global Spectrum, L.P., Ovations Food Services, L.P., the owner of the Facility, Xxxxxx Mercer County Improvement Authority, Xxxxxx Mercer County and any other present or future lender providing financing to the owner of the Facility in connection with the construction or operation of the Facility, and their respective successors and assigns, and each of their respective partners, agents, officers, directors, employees and representatives (collectively, "Indemnitees") from and against any and all claims, suits, losses, injuries, damages, liabilities and expenses, including, without limitation, reasonable attorneys' fees and expenses (“Claims or Costs”), occasioned in connection with, arising or alleged to arise from, wholly or in part, (i) any breach of this Agreement by Licensee, or (ii) the exercise by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation or order, of or by Licensee or any of its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, servants, players, guests, or invitees, participants or artists appearing in the Event (including support personnel in connection with the presentation of the Event), persons assisting Licensee (whether on a paid or voluntary basis) or any person admitted to the Facility by Licensee, during the Term or any other time while the Facility (or any part thereof) is used by or are under the control of Licensee, which shall include any and all COVID-19 related Claims or Costs asserted or alleged against Indemnitees arising out of the Event. Licensee shall be obligated to indemnify, defense, save and hold harmless Indemnitees for COVID-19 related Claims or Costs regardless of whether the Venue is alleged to have been negligent, in whole or in part. It is further the intent of this Agreement that this indemnity provision shall apply to any claims made by employees of Licensee against the Venue, and this Agreement is deemed a written agreement for indemnity under the workers’ compensation laws of the state where the Facility is located. The Venue makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws by the Facility for any aspect of Licensee’s intended use. Licensee further agrees that the Facility is being provided "AS IS", "WHERE IS" and "WITH ANY AND ALL FAULTS" and without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose. Licensee agrees that all of its property or property of others in or on the Facility shall be used and/or stored in the Facility at the sole risk of Licensee, and Licensee hereby waives and releases the Venue and the Indemnitees from any and all Claims or Costs related thereto to the fullest extent permitted by law. The provisions of this Section 6 shall survive any expiration or termination of this Agreement.