Common use of Liability Exclusion Clause in Contracts

Liability Exclusion. Sports Backers will hire security personnel in an attempt to secure materials / property on ▇▇▇▇▇’▇ Island and Tredegar Street when the Festival is not open to the general public. However, neither Sports Backers nor Venture Richmond will be liable for loss or damage to Exhibitor’s property from theft, fire, accident or any other cause beyond its control. Exhibitor understands that Sports Backers, Venture Richmond, and / or the City of Richmond, Virginia (“City of Richmond”) do not maintain insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such coverage if desired. Exhibitor agrees to indemnify and hold harmless Sports Backers, Venture Richmond, City of Richmond, Dominion Energy, Inc., NewMarket Corporation, and all other sponsors, including officers, directors, organizers, owners, agents, representatives, and / or employees of the foregoing (collectively referred to hereafter as the “Indemnified Parties”), from all claims, demands, damages, and liability of whatsoever kind or character asserted by any person or persons, including but not limited to, injury to or death of persons or damage to the property of any person arising out of the Exhibitor’s participation in the Festival (including claims arising out of any products, goods or services distributed or provided by Exhibitor), Exhibitor’s use of ▇▇▇▇▇’▇ Island or Tredegar Street, the acts or omissions of Exhibitor or its agents, employees, invitees or participants in any activity conducted by Exhibitor and / or a breach of any of these Rules, Regulations, and Conditions by Exhibitor or its agents, employees or invitees. Exhibitor shall pay to the Indemnified Parties all expenses incurred by the Indemnified Parties to enforce any of the Rules, Regulations, and Conditions of this Contract Addendum, including, but not limited to, their actual attorney’s fees, costs, and / or expenses. SPORTS BACKERS AND VENTURE RICHMOND MAKE NO WARRANTIES OF ANY KIND REGARDING THE FESTIVAL OR THE OPPORTUNITIES PROVIDED PURSUANT TO THIS ADDEDUM, ALL OF WHICH ARE PROVIDED “AS IS.” EXHIBITOR EXPRESSLY RELEASES THE INDEMNIFIED PARTIES FROM ALL CLAIMS FOR LOSS, DAMAGE OR INJURY ARISING OUT OF ITS PARTICIPATION IN THE FESTIVAL. IN NO EVENT WILL ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO EXHIBITOR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SUCH LOSSES, DAMAGES, OR CLAIMS ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, USE, OR PROFIT. EXHIBITOR MUST NOT TAKE ANY ACTION OR CONDUCT ITSELF IN SUCH A MANNER AS TO BRING PUBLIC RIDICULE, CONTEMPT, CENSURE, OR DISPARAGEMENT UPON ANY OTHER FESTIVAL PARTICIPANT, THE FESTIVAL, OR ANY OF THE INDEMNIFIED PARTIES. THE TOTAL LIABILITY TO THE EXHIBITOR OF THE INDEMNIFIED PARTIES IS STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE EXHIBITOR UNDER THIS ADDENDUM.

Liability Exclusion. Sports Backers will hire security personnel in an attempt to secure materials / property on ▇▇▇▇▇’▇ Island and Tredegar Street Island, Kanawha Plaza, or 7th street when the Festival is not open to the general public. However, neither Sports Backers nor Venture Richmond will be liable for loss or damage to Exhibitor’s property from theft, fire, accident or any other cause beyond its control. Exhibitor understands that Sports Backers, Venture Richmond, and / or the City of Richmond, Virginia (“City of Richmond”) do not maintain insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such coverage if desired. Exhibitor agrees to indemnify and hold harmless Sports Backers, Venture Richmond, City of Richmond, Dominion Energy, Inc., NewMarket Corporation, and all other sponsors, including officers, directors, organizers, owners, agents, representatives, and / or employees of the foregoing (collectively referred to hereafter as the “Indemnified Parties”), from all claims, demands, damages, and liability of whatsoever kind or character asserted by any person or persons, including but not limited to, injury to or death of persons or damage to the property of any person arising out of the Exhibitor’s participation in the Festival (including claims arising out of any products, goods or services distributed or provided by Exhibitor), Exhibitor’s use of ▇▇▇▇▇’▇ Island Island, Kanawha Plaza, or Tredegar Street7th street, the acts or omissions of Exhibitor or its agents, employees, invitees or participants in any activity conducted by Exhibitor and / or a breach of any of these Rules, Regulations, and Conditions by Exhibitor or its agents, employees or invitees. Exhibitor shall pay to the Indemnified Parties all expenses incurred by the Indemnified Parties to enforce any of the Rules, Regulations, and Conditions of this Contract Addendum, including, but not limited to, their actual attorney’s fees, costs, and / or expenses. SPORTS BACKERS AND VENTURE RICHMOND MAKE NO WARRANTIES OF ANY KIND REGARDING THE FESTIVAL OR THE OPPORTUNITIES PROVIDED PURSUANT TO THIS ADDEDUM, ALL OF WHICH ARE PROVIDED “AS IS.” EXHIBITOR EXPRESSLY RELEASES THE INDEMNIFIED PARTIES FROM ALL CLAIMS FOR LOSS, DAMAGE OR INJURY ARISING OUT OF ITS PARTICIPATION IN THE FESTIVAL. IN NO EVENT WILL ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO EXHIBITOR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SUCH LOSSES, DAMAGES, OR CLAIMS ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, USE, OR PROFIT. EXHIBITOR MUST NOT TAKE ANY ACTION OR CONDUCT ITSELF IN SUCH A MANNER AS TO BRING PUBLIC RIDICULE, CONTEMPT, CENSURE, OR DISPARAGEMENT UPON ANY OTHER FESTIVAL PARTICIPANT, THE FESTIVAL, OR ANY OF THE INDEMNIFIED PARTIES. THE TOTAL LIABILITY TO THE EXHIBITOR OF THE INDEMNIFIED PARTIES IS STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE EXHIBITOR UNDER THIS ADDENDUM.

Liability Exclusion. Sports Backers will hire security personnel in an attempt to secure materials / property on ▇▇▇▇▇’▇ Island and Tredegar Street when the Festival is not open to the general public. However, neither Sports Backers nor Venture Richmond will be liable for loss or damage to Exhibitor’s property from theft, fire, accident or any other cause beyond its control. Exhibitor understands that Sports Backers, Venture Richmond, Backers and / or the City of Richmond, Virginia (“City of Richmond”) do not maintain insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such coverage if desired. Exhibitor agrees to indemnify and hold harmless Sports Backers, Venture Backers and Richmond, City of Richmond, Dominion Energy, Inc., NewMarket Corporation, Richmond and all other sponsors, including officers, directors, organizers, owners, agents, representatives, and / or employees of the foregoing (collectively referred to hereafter as the “Indemnified Parties”), from all claims, demands, damages, and liability of whatsoever kind or character asserted by any person or persons, including but not limited to, injury to or death of persons or damage to the property of any person arising out of the Exhibitor’s participation in the Festival (including claims arising out of any products, goods or services distributed or provided by Exhibitor), Exhibitor’s use of ▇▇▇▇▇’▇ Island or Tredegar StreetChimborazo Park, the acts or omissions of Exhibitor or its agents, employees, invitees or participants in any activity conducted by Exhibitor and / or a breach of any of these Rules, Regulations, and Conditions by Exhibitor or its agents, employees or invitees. Exhibitor shall pay to the Indemnified Parties all expenses incurred by the Indemnified Parties to enforce any of the Rules, Regulations, and Conditions of this Contract Addendum, including, but not limited to, their actual attorney’s fees, costs, and / or expenses. SPORTS BACKERS AND VENTURE RICHMOND MAKE MAKES NO WARRANTIES OF ANY KIND REGARDING THE FESTIVAL OR THE OPPORTUNITIES PROVIDED PURSUANT TO THIS ADDEDUM, ALL OF WHICH ARE PROVIDED “AS IS.” EXHIBITOR EXPRESSLY RELEASES THE INDEMNIFIED PARTIES FROM ALL CLAIMS FOR LOSS, DAMAGE OR INJURY ARISING OUT OF ITS PARTICIPATION IN THE FESTIVAL. IN NO EVENT WILL ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO EXHIBITOR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SUCH LOSSES, DAMAGES, OR CLAIMS ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, USE, OR PROFIT. EXHIBITOR MUST NOT TAKE ANY ACTION OR CONDUCT ITSELF IN SUCH A MANNER AS TO BRING PUBLIC RIDICULE, CONTEMPT, CENSURE, OR DISPARAGEMENT UPON ANY OTHER FESTIVAL PARTICIPANT, THE FESTIVAL, OR ANY OF THE INDEMNIFIED PARTIES. THE TOTAL LIABILITY TO THE EXHIBITOR OF THE INDEMNIFIED PARTIES IS STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE EXHIBITOR UNDER THIS ADDENDUM.

Liability Exclusion. Sports Backers will hire security personnel in an attempt to secure materials / property on ▇▇▇▇▇’▇ Island and Tredegar Street when the Festival is not open to the general public. However, neither Sports Backers nor Venture Richmond will be liable for loss or damage to Exhibitor’s property from theft, fire, accident or any other cause beyond its control. Exhibitor understands that Sports Backers, Venture Richmond, and / or the City of Richmond, Virginia (“City of Richmond”) do Backers does not maintain insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such coverage if desired. Exhibitor agrees to indemnify and hold harmless Sports Backers, Venture Richmond, City of Richmond, Dominion Energy, Inc., NewMarket Corporation, Backers and all other sponsorssponsors of the Event, including officers, directors, organizers, owners, agents, representatives, and / or employees of the foregoing (collectively referred to hereafter as the “Indemnified Parties”), from all claims, demands, damages, and liability of whatsoever kind or character asserted by any person or persons, including but not limited to, injury to or death of persons or damage to the property of any person arising out of the Exhibitor’s participation in the Festival Event (including claims arising out of any products, goods or services distributed or provided by Exhibitor), Exhibitor’s use of ▇▇▇▇▇’▇ Island or Tredegar Streetthe Event venue, the acts or omissions of Exhibitor or its agents, employees, invitees or participants in any activity conducted by Exhibitor and / or a breach of any of these Rules, Regulations, and Conditions by Exhibitor or its agents, employees or invitees. Exhibitor shall pay to the Indemnified Parties all expenses incurred by the Indemnified Parties to enforce any of the Rules, Regulations, and Conditions of this Contract Addendumset forth herein, including, but not limited to, their actual attorney’s fees, costs, and / or expenses. SPORTS BACKERS AND VENTURE RICHMOND MAKE NO WARRANTIES OF ANY KIND REGARDING THE FESTIVAL EVENT OR THE OPPORTUNITIES PROVIDED PURSUANT TO THIS ADDEDUMTHESE RULES, REGULATIONS, AND CONDITIONS, ALL OF WHICH ARE PROVIDED “AS IS.” EXHIBITOR EXPRESSLY RELEASES THE INDEMNIFIED PARTIES FROM ALL CLAIMS FOR LOSS, DAMAGE OR INJURY ARISING OUT OF ITS PARTICIPATION IN THE FESTIVALEVENT. IN NO EVENT WILL ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO EXHIBITOR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SUCH LOSSES, DAMAGES, OR CLAIMS ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, USE, OR PROFIT. EXHIBITOR MUST NOT TAKE ANY ACTION OR CONDUCT ITSELF IN SUCH A MANNER AS TO BRING PUBLIC RIDICULE, CONTEMPT, CENSURE, OR DISPARAGEMENT UPON ANY OTHER FESTIVAL PARTICIPANT, THE FESTIVAL, OR ANY OF THE INDEMNIFIED PARTIES. THE TOTAL LIABILITY TO THE EXHIBITOR OF THE INDEMNIFIED PARTIES IS STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE EXHIBITOR UNDER THIS ADDENDUM.TORT