Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 3 contracts

Samples: Release and Indemnification Agreement, Release and Indemnification Agreement, Release and Indemnification Agreement

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Release and Indemnity. XXXXXX, by accepting this lease, agrees to release XXXXXX, its officers, directors and employees from all damages and claims of every kind, whether to person or to property, arising incidental to and during XXXXXX’s use of the leased premises. XXXXXX AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXXBE SOLELY FINANCIALLY RESPONSIBLE FOR, AND SHALL DEFEND, INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, HOLD HARMLESS ASSOCIATION AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIESITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTSREPRESENTATIVES, EMPLOYEES, CONTRACTORSCOMMITTEE MEMBERS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERSVOLUNTEERS AND DIAMOND ASSOCIATION MANAGEMENT AND CONSULTING (DAMC) (COLLECTIVELY “INDEMNIFIED PARTIES”) FROM, AND INSURERS WILL PAY TO THE INDEMNIFIED PARTIES THE AMOUNT OF ALL ANY LOSS, LIABILITY, COST, CLAIM, DAMAGE OF THEM EVERY KIND OR NATURE (COLLECTIVELYINCLUDING, PROTECTED PARTIES) FROM WITHOUT LIMITATION, INCIDENTAL AND AGAINST ALL LIABILITIESCONSEQUENTIAL DAMAGES), LOSSESEXPENSE (INCLUDING WITHOUT LIMITATION, DAMAGESCOSTS OF INVESTIGATION, CLAIMSDEFENSE AND SETTLEMENT AND REASONABLE ATTORNEY’S FEES AND EXPENSES), DEMANDSFINE, ACTIONSDEBT, SUITSPENALTY, CAUSES DEFICIENCY, CAUSE OF ACTION, COSTSPROCEEDING, FEESOBLIGATION OR DIMINUTION OF VALUE, AND EXPENSES WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COLLECTIVELY “DAMAGES”) ARISING, DIRECTLY OR OTHER COSTS) (COLLECTIVELYINDIRECTLY, CLAIMS) RELATING TOOUT OF, RESULTING FROMFROM OR IN CONNECTION WITH LESSEES’ OR LESSEE’S INVITEES, GUESTS, CONTRACTORS, OR ARISING OUT OF CONCESSIONAIRES OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S LICENSEES’ USE AND OCCUPANCY OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE LEASED PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN REGARDLESS IF ANY THE CLAIM IS SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCELEASED PREMISES BEING IN DISREPAIR, GROSS NEGLIGENCE, STRICT LIABILITY, DEFECTIVE OR WILLFUL MISCONDUCT NOT SUITABLE FOR LEESSE’ INTENDED USE OR FOR THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES OR PARTICIPANTINDEMNITEES. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM Lessee Initials INSPECTION AND TERMINATION A member of the Board of Directors or other agent of LESSOR, shall have the right to inspect the leased premises during the term of LESSEE’s rental of same and may demand cessation of any function and request guests to leave the premises if the rules and regulations are not observed. The Board of Directors, Pool Committee Chairperson, DAMC or any agent so empowered by them shall also have the right to terminate this agreement for any reason, including but not limited to non-payment of fees, the above Security Deposit shall be forfeited by XXXXXX. CLEAN-UP Clean-up is the responsibility of LESSEE. All party trash must be removed from the site after the party or be deposited in the trash bins at the Pool Pavilion. By signature below, XXXXXX acknowledges receipt of and agrees to abide by all rules in the Mountain Springs Ranch Property Owners Association Recreational Facilities Handbook. Executed this day of , 20 . By: LESSEE LESSOR Association Member Mountain Springs Ranch Property Owners Association LESSEE REMINDER CHECK LIST  No Smoking  Bring additional tables and chairs as needed  No Glass Containers  Bring volleyball if needed  No Flammable Liquids (Yi.e. charcoal lighter fluid) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT. Bring other sporting equipment as desired  Bring Trash bags

Appears in 2 contracts

Samples: www.msrpoa.com, www.msrpoa.com

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PROTECED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 2 contracts

Samples: Release and Indemnification Agreement, Release and Indemnification Agreement

Release and Indemnity. a. LESSEE HEREBY RELEASES AND AGREES TO THE FULLEST EXTENT PERMITTED BY LAWINDEMNIFY, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANTDEFEND, AND HOLD LESSOR, ITS INDEMNITEE(S), SUBSIDIARIES AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, RESPECTIVE DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTSOFFICERs, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM AGENTS (COLLECTIVELY, PROTECTED "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTIONDAMAGES, AND LOSSES (INCLUDING WITHOUT LIMITATION ALL REASONABLE ATTORNEYS' FEES, COSTS, FEESAND EXPENSES IN CONNECTION THEREWITH OR INCIDENT THERETO), FOR DEATHS OF OR INJURIES TO ANY PERSONS WHOMSOEVER (INCLUDING WITHOUT LIMITATION INDEMNIFIED PARTIES' EMPLOYEES), AND EXPENSES (FOR LOSS OF OR DAMAGE TO OR DELAY IN THE DELIVERY OF ANY PROPERTY WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES WITHOUT LIMITATION ANY AIRCRAFT ON WHICH ANY ENGINE MAY BE INSTALLED AND COURT OR OTHER COSTS) LOSS OF USE THEREOF (COLLECTIVELY, CLAIMS"LOSSES") RELATING TO, RESULTING FROM, OR IN ANY MANNER ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE CONNECTED WITH THE DELIVERY, LEASING, STORAGE, TRANSPORTING, INSTALLATION, OPERATION, MAINTENANCE, USE, DETACHMENT OR REDELIVERY OF THE PREMISESANY ENGINE WHILE UNDER LEASE, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIESREGARDLESS OF NEGLIGENCE, (C) LOSS OR THEFT OF PERSONAL PROPERTYACTIVE, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT PASSIVE, OR ANY OTHER INVITEE TYPE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNIFIED PARTIES; EXCEPT THAT THE FOREGOING INDEMNITY SHALL NOT APPLY EVEN IF TO THE EXTENT THAT ANY THE CLAIM IS SUCH LOSSES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, WILLFUL OR WILLFUL WANTON MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTINDEMNIFIED PARTIES.

Appears in 2 contracts

Samples: Aircraft Engine Lease Agreement (Baltia Air Lines Inc), Aircraft Engine Lease Agreement (Baltia Air Lines Inc)

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAWCLIENT HEREBY IRREVOCABLY WAIVES AND RELEASES ANY RIGHT OF ACTION OR OTHER CLAIM OR RECOURSE (INCLUDING, ADULT PARTICIPANT ON BEHALF OF HIMSELFWITHOUT LIMITATION, CHILD PARTICIPANTANY CLAIMS IN TORT OR OCCUPIERS LIABILITY, ANY LOSS, DAMAGE, ACCIDENT, ILLNESS, OR INJURY, INCLUDING DEATH, COLLECTIVELY “CLAIM”) THAT THE CLIENT MAY AT ANY TIME HAVE AGAINST MITAS HILL VINEYARD, LLC D/B/A MITAS HILL VINEYARD OR ITS MEMBERS, MANAGERS, DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, SPONSORS, AGENTS, AND THEIR HEIRSCONTRACTORS (COLLECTIVELY “MITAS HILL PARTIES”) IN RESPECT OF OR ARISING OUT OF ANY PERSONAL INJURY, EXECUTORSPROPERTY DAMAGE, AND REPRESENTATIVES RELEASESOR OTHER LOSS WHICH THE CLIENT MAY AT ANY TIME INCUR OR SUFFER AS A RESULT OF OR ARISING OUT OF THE CLIENT’S USE OF, AGREES PRESENCE UPON, OR PROXIMITY TO MITAS HILL, EXCEPT WHERE SUCH INJURY OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR OTHER WILLFUL WRONGDOING OF A PERSON OR PERSONS THAT THE CLIENT IS RELEASING HEREUNDER. THE CLIENT DISCHARGES, COVENANTS NOT TO XXX, AGREES TO INDEMNIFY AND SHALL INDEMNIFY URBAN AIRSAVE HARMLESS THE MITAS HILL PARTIES FROM AND AGAINST ANY AND ALL CLAIMS OR THIRD PARTY CLAIMS, UATP MANAGEMENTINCURRED OR SUFFERED BY, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER ARISING DIRECTLY OR INDIRECTLY OUT OF OR BY REASON OF ANY NEGLIGENT OR OTHER ACT OF THE PREMISESCLIENT OR HIS/HER GUESTS OR INVITEES, ANY BREACH OF THIS AGREEMENT OR THE LANDLORD, MORTGAGEES RULES AND MANAGEMENT COMPANY OF THE PREMISESREGULATIONS, AND ANY DAMAGE TO THE PROPERTY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTMITAS HILL.

Appears in 1 contract

Samples: Rental Agreement

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, /HERSELF AND CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXXSUE, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, BOUNCE EMPIRE LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISESBOUNCE EMPIRE, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, EMPLOYEES AND INSURERS OF ALL OF THEM CONTRACTORS (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S ATTORNEYS’ FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIRBOUNCE EMPIRE, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANTPARTIES. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANTADULT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS SUBSECTIONS, AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANTTHE ADULT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 1 contract

Samples: Release and Indemnification Agreement

Release and Indemnity. USER AGREES THAT THE FOUNDATION SHALL NOT BE LIABLE TO THE FULLEST EXTENT PERMITTED BY LAWUSER OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, ADULT PARTICIPANT DEATH, PROPERTY DAMAGE, OR OTHER DAMAGE OR LOSS ARISING FROM OR RELATED TO ENTRY UPON, USE OF, OR ACTIVITY OR CONDUCT ON BEHALF THE PROPERTY OR ANY CONDITION ON THE PROPERTY, REGARDLESS OF HIMSELFWHETHER A RESULT OF CONDITIONS OR HAZARDS THAT ARE LATENT OR THAT ARE UNKNOWN TO THE FOUNDATION, CHILD PARTICIPANTUSER, OR INJURED PERSON. USER HEREBY RELEASES, DISCHARGES, AND THEIR HEIRSCOVENANTS NOT TO XXX AND AGREES TO DEFEND, EXECUTORSINDEMNIFY AND HOLD HARMLESS THE FOUNDATION (WHICH, AS DEFINED ABOVE, INCLUDES THE XX XXXXXX FOUNDATION, ITS SUBSIDIARIES AND OTHER RELATED ENTITIES, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERSREPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORSCONTRACTORS AND/OR LESSEES OF THE XX XXXXXX FOUNDATION, REPRESENTATIVESANY OF ITS SUBSIDIARIES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OR ANY OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIESITS OTHER RELATED ENTITIES) FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTSLIABILITIES, FEESDAMAGES, AND EXPENSES OTHER LOSSES (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES AND COURT ’S FEES) THAT: (1) ARISE FROM OR OTHER COSTS) (COLLECTIVELYARE RELATED TO THE ENTRY UPON, CLAIMS) RELATING TO, RESULTING FROMUSE OF, OR ARISING OUT ANY ACTIVITY OR CONDUCT ON THE PROPERTY BY USER OR BY ANY OF USER’S GUESTS; OR ALLEGED (2) ARISE FROM OR ARE RELATED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY CONDITION ON THE PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT AFFECTING USER OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANTUSER’S BREACH OF THIS AGREEMENTGUESTS. THIS RELEASE RELEASE, DISCHARGE, COVENANT NOT TO XXX AND INDEMNITY OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHALL APPLY EVEN IF ANY THE CLAIM CLAIM, DEMAND, CAUSE OF ACTION, LIABILITY, DAMAGE, OR OTHER LOSS ARISES FROM OR IS CAUSED IN WHOLE OR IN PART BY THE RELATED TO NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT STATUTORY LIABILITY OF THE PROTECTED PARTIES FOUNDATION OR PARTICIPANTANY OTHER INDEMNITEE. THE THESE RELEASE AND INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) PROVISIONS WAIVE AND RELEASE ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF AND ALL LIABILITY OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM FOUNDATION (INCLUDING CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY) PAST, PRESENT, AND FUTURE. AS USED IN THIS AGREEMENT, THE TERM “GUESTS” INCLUDES EMPLOYEES, CONTRACTORS, INVITEES, LICENSEES, MEMBERS, BUSINESS OR SOCIAL GUESTS, AND ANY WAY INVOLVING OTHER PERSON WHO ENTERS OR REMAINS ON THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM PROPERTY WITH USER’S CONSENT OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTACQUIESCENCE.

Appears in 1 contract

Samples: Property Access and Use Agreement

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELFHIM(HER)SELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIRSYNNOVE’S SUNSHINE SCOOTERS, UATP MANAGEMENTINC., LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISESXXX XXXXXXX, AND ANY OF THEIR LENDERSDONORS, PARENTSMANUFACTURERS AND/OR AFFILIATES TO THE SCOOTERS AND THE MANUFACTURING PROCESS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S ’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN RISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO THE PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISESSCOOTER, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTYTHE SCOOTER, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIRALCOHOL, DRUGS, MEDICATION, OR MEDICAL CONDITION BY PARTICIPANT, (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (YF) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (ZG) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 1 contract

Samples: Release and Indemification Agreement

Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF/HERSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY, OR WILLFUL MISCONDUCT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PROTECED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 1 contract

Samples: Release and Waiver of Liability and Indemnification Agreement

Release and Indemnity. EACH VISITOR, JOINTLY AND SEVERALLY, HEREBY RELEASES AND AGREES TO THE FULLEST EXTENT PERMITTED BY LAWPROTECT, ADULT PARTICIPANT ON BEHALF OF HIMSELFDEFEND, CHILD PARTICIPANT, INDEMNIFY AND THEIR HEIRS, EXECUTORS, HOLD HARMLESS MPI AGAINST ANY AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEBTS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, LOSSES, COSTS, FEESDAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES ATTORNEYS FEES, COURT COSTS AND COURT OR EXPENSES) AND OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TOLIABILITIES, RESULTING FROMFROM ANY ACCIDENT, INCIDENT, EVENT OR OCCURRENCE ARISING OUT OF OR ALLEGED OF, INCIDENTAL TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE WAY RELATED TO THE USE OR PRESENCE OF VISITORS ON OR NEAR THE SNOW, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF MPI, INCLUDING, WITHOUT LIMITATION, DEATH OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANTVISITORS, VISITOR’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIRMINOR CHILDREN, OR (E) PARTICIPANT’S BREACH OTHER PERSONS, OR DAMAGE TO THE PROPERTY OF THIS AGREEMENTVISITORS, OR OTHERS. THIS RELEASE IN ADDITION, EACH VISITOR, JOINTLY AND INDEMNITY SHALL APPLY EVEN IF SEVERALLY, COVENANTS AND AGREES THAT SUCH VISITOR WILL NOT MAKE ANY THE CLAIM IS CAUSED IN WHOLE OR INSTITUTE ANY SUIT OR ACTION AT LAW OR IN PART BY EQUITY AGAINST MPI. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION PROVIDED HEREIN INVOLVES INDEMNIFICATION OF MPI FOR ITS OWN NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 1 contract

Samples: Release of Liability

Release and Indemnity. XXXXXX, by accepting this lease, agrees to release XXXXXX, its officers, directors and employees from all damages and claims of every kind, whether to person or to property, arising incidental to and during XXXXXX’s use of the leased premises. XXXXXX AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXXBE SOLELY FINANCIALLY RESPONSIBLE FOR, AND SHALL DEFEND, INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, HOLD HARMLESS ASSOCIATION AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIESITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTSREPRESENTATIVES, EMPLOYEES, CONTRACTORSCOMMITTEE MEMBERS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERSVOLUNTEERS AND DIAMOND ASSOCIATION MANAGEMENT AND CONSULTING (DAMC) (COLLECTIVELY “INDEMNIFIED PARTIES”) FROM, AND INSURERS WILL PAY TO THE INDEMNIFIED PARTIES THE AMOUNT OF ALL ANY LOSS, LIABILITY, COST, CLAIM, DAMAGE OF THEM EVERY KIND OR NATURE (COLLECTIVELYINCLUDING, PROTECTED PARTIES) FROM WITHOUT LIMITATION, INCIDENTAL AND AGAINST ALL LIABILITIESCONSEQUENTIAL DAMAGES), LOSSESEXPENSE (INCLUDING WITHOUT LIMITATION, DAMAGESCOSTS OF INVESTIGATION, CLAIMSDEFENSE AND SETTLEMENT AND REASONABLE ATTORNEY’S FEES AND EXPENSES), DEMANDSFINE, ACTIONSDEBT, SUITSPENALTY, CAUSES DEFICIENCY, CAUSE OF ACTION, COSTSPROCEEDING, FEESOBLIGATION OR DIMINUTION OF VALUE, AND EXPENSES WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COLLECTIVELY “DAMAGES”) ARISING, DIRECTLY OR OTHER COSTS) (COLLECTIVELYINDIRECTLY, CLAIMS) RELATING TOOUT OF, RESULTING FROMFROM OR IN CONNECTION WITH LESSEES’ OR LESSEE’S INVITEES, GUESTS, CONTRACTORS, OR ARISING OUT OF CONCESSIONAIRES OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S LICENSEES’ USE AND OCCUPANCY OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE LEASED PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN REGARDLESS IF ANY THE CLAIM IS SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCELEASED PREMISES BEING IN DISREPAIR, GROSS NEGLIGENCE, STRICT LIABILITY, DEFECTIVE OR WILLFUL MISCONDUCT NOT SUITABLE FOR LEESSE’ INTENDED USE OR FOR THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES OR PARTICIPANTINDEMNITEES. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM Lessee Initials INSPECTION AND TERMINATION A member of the Board of Directors or other agent of LESSOR, shall have the right to inspect the leased premises during the term of LESSEE’s rental of same and may demand cessation of any function and request guests to leave the premises if the rules and regulations are not observed. The Board of Directors, Pool Committee Chairperson, DAMC or any agent so empowered by them shall also have the right to terminate this agreement for any reason, including but not limited to non-payment of fees, the above Security Deposit shall be forfeited by XXXXXX. CLEAN-UP Clean-up is the responsibility of LESSEE. All party trash must be removed from the site after the party or be deposited in the trash bins at the Pool Pavilion. By signature below, XXXXXX acknowledges receipt of and agrees to abide by all rules in the Mountain Springs Ranch Property Owners Association Recreational Facilities Handbook. Executed this day of , 20 . By: LESSEE LESSOR Association Member Mountain Springs Ranch Property Owners Association LESSEE REMINDER CHECK LIST 🞎 No Smoking 🞎 Bring additional tables and chairs as needed 🞎 No Glass Containers 🞎 Bring volleyball if needed 🞎 No Flammable Liquids (Yi.e. charcoal lighter fluid) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND 🞎 Bring other sporting equipment as desired 🞎 Bring Trash bags ASSOCIATION USE ONLY LESSEE Security Deposit paid on Check No. After Inspection, Security Deposit Check to be 🞎 Returned or 🞎 Destroyed PROPERTY OWNERS ASSOCIATION RECREATIONAL FACILITIES HANDBOOK INTRODUCTION The safety and enjoyment of Mountain Springs Ranch property owners (Zmembers) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTare primary concerns in the operation of our recreational facilities. This Handbook has been developed to manage a number of factors: • Promote safety and enjoyment of all property owners • Concerns of Liability • Enforcement of our governing documents • Protection of property and facilities owned by Mountain Springs Ranch Property Owners Association (The Association) This Handbook represents a complete compilation of the regulations for the use of our recreational facilities. You may see abbreviated lists of rules in various locations, such as on web pages, bulletin boards or on signs around the neighborhood. These incomplete lists are intended to highlight a specific message or rules of immediate concern for your safety. The existence of an abbreviated list of rules does not reduce or eliminate your obligation to follow all of the rules in this document.

Appears in 1 contract

Samples: msrpoa.com

Release and Indemnity. TO SUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANTCLIENTS AND THE MEMBERS, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERSREGENTS, AGENTS, EMPLOYEESSUBSIDIARIES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AFFILIATES AND INSURERS OF ALL OF THEM EMPLOYEES (COLLECTIVELY, PROTECTED PARTIES) THE "INDEMNITEES"), FROM AND AGAINST ALL ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, ACTIONS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, EXPERT FEES AND COURT COSTS) OF ANY KIND OR NATURE, WHETHER AT LAW OR IN EQUITY, INCLUDING CLAIMS ASSERTING STRICT LIABILITY, ARISING FROM OR CAUSED IN ANY PART BY (1) THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. SUCH OBLIGATION TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND WILL APPLY EVEN IF THE CLAIMS, DEMANDSLIABILITIES, DAMAGES, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCENEGLIGENCE OR OTHER CULPABLE CONDUCT OF INDEMNITEES; PROVIDED, STRICT HOWEVER, THAT SUCH INDEMNIFICATION, HOLD HARMLESS AND RIGHT TO DEFENSE WILL NOT BE APPLICABLE WHERE THE CLAIM, LIABILITY, DAMAGE, ACTION, COST OR WILLFUL MISCONDUCT EXPENSE ARISES SOLELY AS A RESULT OF AN ACT OR FAILURE TO ACT OF INDEMNITEES. THIS SECTION AND THE PROTECTED PARTIES OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR PARTICIPANTEARLIER TERMINATION OF THIS AGREEMENT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION REMEDIES SET FORTH IN THIS SECTION ARE IN ADDITION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) AND NOT A LIMITATION ON ANY SUM OTHER RIGHTS OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Appears in 1 contract

Samples: Supplier Agreement (Aspect Medical Systems Inc)

Release and Indemnity. TO SUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE FULLEST EXTENT PERMITTED BY LAWCLIENTS, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANTAND THE MEMBERS, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERSREGENTS, AGENTS, EMPLOYEESSUBSIDIARIES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AFFILIATES AND INSURERS OF ALL OF THEM EMPLOYEES (COLLECTIVELY, PROTECTED PARTIES) THE “INDEMNITEES”), FROM AND AGAINST ALL ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, COSTS AND EXPENSES (INCLUDING INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S ATTORNEYS’ FEES, EXPERT FEES AND COURT OR OTHER COSTS) (COLLECTIVELYOF ANY KIND OR NATURE, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE WHETHER AT LAW OR IN PART) ANY PROPERTY DAMAGE EQUITY, to the extent ARISING FROM OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING CAUSED IN ANY WAY FROM PART BY (A1) PARTICIPANT’S THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT OR IN THE BID; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. SUCH INDEMNIFICATION, HOLD HARMLESS AND RIGHT TO DEFENSE WILL NOT BE APPLICABLE TO THE EXTENT THE CLAIM, LIABILITY, DAMAGE, ACTION, COST OR EXPENSE ARISES AS A RESULT OF AN ACT OR FAILURE TO ACT OF INDEMNITEES. IN ADDITION, SUPPLIER REPRESENTS AND WARRANTS THAT SALE OR USE OF THE PREMISESPRODUCTS WILL NOT INFRINGE ANY UNITED STATES PATENT AND WILL, (B) PARTICIPANT’S ACTIVE AT ITS OWN EXPENSE, DEFEND EVERY SUIT WHICH WILL BE BROUGHT AGAINST NOVATION OR PASSIVE PARTICIPATION A MEMBER FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT BY REASON OF THE SALE OR USE OF THE PRODUCTS AND WILL PAY ALL COSTS, DAMAGES AND PROFITS RECOVERABLE IN ANY SUCH SUIT. THIS SECTION AND THE ACTIVITIES, (C) LOSS OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH EARLIER TERMINATION OF THIS AGREEMENT. THE REMEDIES SET FORTH IN THIS RELEASE SECTION ARE IN ADDITION TO AND INDEMNITY SHALL APPLY EVEN IF NOT A LIMITATION ON ANY THE CLAIM IS CAUSED IN WHOLE OTHER RIGHTS OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Appears in 1 contract

Samples: Supplier Agreement (Specialty Laboratories Inc)

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Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXXSUE, AND SHALL INDEMNIFY AND DEFEND URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONSUAATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S ’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (YA) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (ZB) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.

Appears in 1 contract

Samples: Release and Indemnification Agreement

Release and Indemnity. XXXXXX, by accepting this lease, agrees to release XXXXXX, its officers, directors and employees from all damages and claims of every kind, whether to person or to property, arising incidental to and during XXXXXX’s use of the leased premises. XXXXXX AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXXBE SOLELY FINANCIALLY RESPONSIBLE FOR, AND SHALL DEFEND, INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, HOLD HARMLESS ASSOCIATION AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIESITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTSREPRESENTATIVES, EMPLOYEES, CONTRACTORSCOMMITTEE MEMBERS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERSVOLUNTEERS AND COMMUNITY MANAGEMENT GROUP (COLLECTIVELY “INDEMNIFIED PARTIES”) FROM, AND INSURERS WILL PAY TO THE INDEMNIFIED PARTIES THE AMOUNT OF ALL ANY LOSS, LIABILITY, COST, CLAIM, DAMAGE OF THEM EVERY KIND OR NATURE (COLLECTIVELYINCLUDING, PROTECTED PARTIES) FROM WITHOUT LIMITATION, INCIDENTAL AND AGAINST ALL LIABILITIESCONSEQUENTIAL DAMAGES), LOSSESEXPENSE (INCLUDING WITHOUT LIMITATION, DAMAGESCOSTS OF INVESTIGATION, CLAIMSDEFENSE AND SETTLEMENT AND REASONABLE ATTORNEY’S FEES AND EXPENSES), DEMANDSFINE, ACTIONSDEBT, SUITSPENALTY, CAUSES DEFICIENCY, CAUSE OF ACTION, COSTSPROCEEDING, FEESOBLIGATION OR DIMINUTION OF VALUE, AND EXPENSES WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COLLECTIVELY “DAMAGES”) ARISING, DIRECTLY OR OTHER COSTS) (COLLECTIVELYINDIRECTLY, CLAIMS) RELATING TOOUT OF, RESULTING FROMFROM OR IN CONNECTION WITH LESSEES’ OR LESSEE’S INVITEES, GUESTS, CONTRACTORS, OR ARISING OUT OF CONCESSIONAIRES OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S LICENSEES’ USE AND OCCUPANCY OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE LEASED PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN REGARDLESS IF ANY THE CLAIM IS SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCELEASED PREMISES BEING IN DISREPAIR, GROSS NEGLIGENCE, STRICT LIABILITY, DEFECTIVE OR WILLFUL MISCONDUCT NOT SUITABLE FOR LEESSE’ INTENDED USE OR FOR THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES OR PARTICIPANTINDEMNITEES. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM Lessee Initials INSPECTION AND TERMINATION A member of the Board of Directors or other agent of LESSOR, shall have the right to inspect the leased premises during the term of LESSEE’s rental of same and may demand cessation of any function and request guests to leave the premises if the rules and regulations are not observed. The Board of Directors, Pool Committee Chairperson, Community Management Group or any agent so empowered by them shall also have the right to terminate this agreement for any reason, including but not limited to non-payment of fees, the above Security Deposit shall be forfeited by XXXXXX. CLEAN-UP Clean-up is the responsibility of LESSEE. All party trash must be removed from the site after the party or be deposited in the trash bins at the Pool Pavilion. By signature below, XXXXXX acknowledges receipt of and agrees to abide by all rules in the Mountain Springs Ranch Property Owners Association Recreational Facilities Handbook. Executed this day of , 20 . By: LESSEE LESSOR Association Member Mountain Springs Ranch Property Owners Association LESSEE REMINDER CHECK LIST  No Smoking  Bring additional tables and chairs as needed  No Glass Containers  Bring volleyball if needed  No Flammable Liquids (Yi.e. charcoal lighter fluid) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND  Bring other sporting equipment as desired  Bring Trash bags LESSEE Security Deposit paid on Check No. After Inspection, Security Deposit Check to be  Returned or  Destroyed PROPERTY OWNERS ASSOCIATION RECREATIONAL FACILITIES HANDBOOK INTRODUCTION The safety and enjoyment of Mountain Springs Ranch property owners (Zmembers) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTare primary concerns in the operation of our recreational facilities. This Handbook has been developed to manage a number of factors: • Promote safety and enjoyment of all property owners • Concerns of Liability • Enforcement of our governing documents • Protection of property and facilities owned by Mountain Springs Ranch Property Owners Association (The Association) This Handbook represents a complete compilation of the regulations for the use of our recreational facilities. You may see abbreviated lists of rules in various locations, such as on web pages, bulletin boards or on signs around the neighborhood. These incomplete lists are intended to highlight a specific message or rules of immediate concern for your safety. The existence of an abbreviated list of rules does not reduce or eliminate your obligation to follow all of the rules in this document.

Appears in 1 contract

Samples: msrpoa.com

Release and Indemnity. TO SUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANTCLIENTS AND THE MEMBERS, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERSREGENTS, AGENTS, EMPLOYEESSUBSIDIARIES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AFFILIATES AND INSURERS OF ALL OF THEM EMPLOYEES (COLLECTIVELY, PROTECTED PARTIES) THE “INDEMNITEES”), FROM AND AGAINST ALL ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, COSTS AND EXPENSES (INCLUDING INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S ATTORNEYS’ FEES, EXPERT FEES AND COURT OR OTHER COSTS) (COLLECTIVELYOF ANY KIND OR NATURE, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE WHETHER AT LAW OR IN PART) ANY PROPERTY DAMAGE EQUITY, ARISING FROM OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING CAUSED IN ANY WAY FROM PART BY (A1) PARTICIPANT’S THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT OR IN THE BID; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. SUCH INDEMNIFICATION, HOLD HARMLESS AND RIGHT TO DEFENSE WILL NOT BE APPLICABLE TO THE EXTENT THE CLAIM, LIABILITY, DAMAGE, ACTION, COST OR EXPENSE ARISES AS A RESULT OF AN ACT OR FAILURE TO ACT OF INDEMNITEES. IN ADDITION, SUPPLIER REPRESENTS AND WARRANTS THAT SALE OR USE OF THE PREMISESPRODUCTS WILL NOT INFRINGE ANY UNITED STATES PATENT AND WILL, (B) PARTICIPANT’S ACTIVE AT ITS OWN EXPENSE, DEFEND EVERY SUIT WHICH WILL BE BROUGHT AGAINST NOVATION OR PASSIVE PARTICIPATION A MEMBER FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT BY REASON OF THE SALE OR USE OF THE PRODUCTS AND WILL PAY ALL COSTS, DAMAGES AND PROFITS RECOVERABLE IN ANY SUCH SUIT. THIS SECTION AND THE ACTIVITIES, (C) LOSS OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH EARLIER TERMINATION OF THIS AGREEMENT. THE REMEDIES SET FORTH IN THIS RELEASE SECTION ARE IN ADDITION TO AND INDEMNITY SHALL APPLY EVEN IF NOT A LIMITATION ON ANY THE CLAIM IS CAUSED IN WHOLE OTHER RIGHTS OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Appears in 1 contract

Samples: Capital Equipment Supplier Agreement (VeriChip CORP)

Release and Indemnity. GRANTEE, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, INCLUDING ANY SUCCESSOR OWNER OF ANY INTEREST IN THE PROPERTY, HEREBY RELEASES GRANTOR, AND, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELFINDEMNIFIES, CHILD PARTICIPANTDEFENDS AND SAVES HARMLESS GRANTOR, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, ITS AFFILIATES, SUBSIDIARIESTHEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ANY AND ALL LIABILITIESSUITS, LOSSESACTIONS, DAMAGESCAUSES OF ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, ACTIONSFINES, SUITSPUNITIVE DAMAGES, CAUSES OF ACTIONLOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR IN ANY WAY ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE CONNECTED WITH THE KNOWN OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE UNKNOWN CONDITION OF THE PREMISESPROPERTY (INCLUDING, (B) PARTICIPANT’S ACTIVE WITHOUT LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR PASSIVE PARTICIPATION IN ADJACENT TO THE ACTIVITIESPROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF URBAN AIRANY NEGLIGENCE OR STRICT LIABILITY OF GRANTOR, ITS AFFILIATES, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE THEIR EMPLOYEES, AGENTS OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTOFFICERS.

Appears in 1 contract

Samples: Letter of Understanding

Release and Indemnity. WITHOUT LIMITING THE PROVISIONS OF PARAGRAPH (a) ABOVE AND NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY CONTAINED IN THIS AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH (e) BUT SUBJECT TO THE PROVISIONS OF PARAGRAPH 24(C), ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, BUYER HEREBY RELEASES SELLER AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, (AS THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, CASE MAY BE) SELLER’S OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, MEMBERS, MANAGERSTRUSTEES, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORSMANAGERS AND AGENTS FROM ANY AND ALL CLAIMS, REPRESENTATIVESDEMANDS, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS CAUSES OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIESACTIONS, LOSSES, DAMAGES, CLAIMSLIABILITIES, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S ’S FEES AND COURT WHETHER THE SUIT IS INSTITUTED OR OTHER COSTSNOT) WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR CONTINGENT (COLLECTIVELY, HEREINAFTER COLLECTIVELY CALLED THE “CLAIMS) ARISING FROM OR RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PARTi) ANY PROPERTY DAMAGE DEFECTS, ERRORS OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING OMISSIONS IN ANY WAY FROM (A) PARTICIPANT’S USE THE DESIGN OR CONSTRUCTION OF THE PREMISES, (B) PARTICIPANT’S ACTIVE PREMISES WHETHER THE SAME ARE THE RESULT OF NEGLIGENCE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIROTHERWISE, OR (Eii) PARTICIPANT’S BREACH ANY OTHER CONDITIONS, INCLUDING ENVIRONMENTAL AND OTHER PHYSICAL CONDITIONS, AFFECTING THE PREMISES WHETHER THE SAME ARE A RESULT OF NEGLIGENCE OR OTHERWISE. THE RELEASE SET FORTH IN THIS PARAGRAPH SPECIFICALLY INCLUDES, WITHOUT LIMITATION, ANY CLAIMS UNDER ANY ENVIRONMENTAL LAWS OF THE UNITED STATES, THE STATE IN WHICH THE PREMISES IS LOCATED OR ANY POLITICAL SUBDIVISION THEREOF OR UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990, AS ANY OF THOSE LAWS MAY BE AMENDED FROM TIME TO TIME AND ANY REGULATIONS, ORDERS, RULES OF PROCEDURES OR GUIDELINES PROMULGATED IN CONNECTION WITH SUCH LAWS, REGARDLESS OF WHETHER THEY ARE IN EXISTENCE ON THE DATE OF THIS AGREEMENT. BUYER ACKNOWLEDGES THAT BUYER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF BUYER’S SELECTION AND BUYER IS GRANTING THIS RELEASE OF ITS OWN VOLITION AND AFTER CONSULTATION WITH BUYER’S COUNSEL. THE RELEASE SET FORTH HEREIN DOES NOT APPLY TO THE REPRESENTATIONS OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY INDEMNITY SHALL APPLY EVEN IF OR WARRANTY MADE BY SELLER IN ANY THE CLAIM IS CAUSED IN WHOLE DOCUMENT DELIVERED BY SELLER AT CLOSING; OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT CONNECTION WITH THIRD PARTY CLAIMS AGAINST BUYER WHICH ARISE AS A RESULT OF EVENTS OCCURRING PRIOR TO BUYER’S PERIOD OF OWNERSHIP OF THE PROTECTED PARTIES OR PARTICIPANTPREMISES. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM In addition to the release set forth above, Buyer agrees to indemnify, defend and hold Seller and Seller’s officers, directors, members, agents and representatives and their respective successors and assigns (Ycollectively, the “Seller Indemnitees”) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND harmless, from and against any and all losses, damages, penalties, taxes, interest expenses (Zincluding, without limitation, reasonable attorneys’ fees and expenses), claims, actions, suits and demands which may be brought, instituted or made against or incurred by any Seller Indemnitee arising out of, on account of, with respect to, or relating to any of the following: (i) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTBuyer’s ownership of the Interests or operation of the Company, the Premises and Property following the Closing or (ii) any liabilities, contracts, commitments or other obligations of Seller which Buyer has assumed pursuant to this Agreement. Seller agrees to indemnify, defend and hold Buyer and Buyer’s officers, directors, members, agents and representatives and their respective successors and assigns (collectively, the “Buyer Indemnitees”) harmless, from and against any and all losses, damages, penalties, taxes, interest expenses (including, without limitation, reasonable attorneys’ fees and expenses), claims, actions, suits and demands which may be brought, instituted or made against or incurred by any Buyer Indemnitee arising out of, on account of, with respect to, or relating to Seller’s ownership of the Interests prior to the Closing, including but not limited to goods and services procured prior to Closing and accounts payable outstanding prior to Closing but excluding any matters disclosed to Buyer prior to the Closing, including the Permitted Encumbrances. Any indemnitee making a claim for indemnification hereunder shall notify the indemnitor of any claim or demand in respect of which the indemnitor may be liable hereunder. The failure of indemnitee to so notify the indemnitor shall not relieve the indemnitor from any liability for indemnification hereunder, except to the extent that the indemnitor has been materially prejudiced thereby. The indemnitor shall have the right to defend against any claim made against the indemnitee by a third party of the nature indemnified against hereunder provided (a) the indemnitor, within ten (10) days after receipt of the notice from the indemnitee, notifies the indemnitee that (i) the indemnitor disputes such claim, giving the reasons therefor, and (ii) the indemnitor will at its own cost and expense, defend the same, and (b) such defense is instituted and continuously maintained in good faith by the indemnitor. The indemnitee may, if it so elects, designate its own counsel to participate along with the counsel selected by the indemnitor in the conduct of such defense at its own expense. Notwithstanding the foregoing, if indemnitee’s independent counsel reasonably determines that a conflict of interest exists which jeopardizes the ability of counsel selected by the indemnitor to represent indemnitee, the expense of indemnitee’s counsel shall be paid by the indemnitor. In any event, the indemnitee shall be kept fully advised by the indemnitor as to the status of such defense. In the event the indemnitor shall be given notice of a claim as aforesaid and shall fail to notify the indemnitee of its election to defend such claim within the time and as prescribed herein, or after having so elected to defend such claim shall fail to institute and maintain such defense and perform its other obligations in accordance with the foregoing, then the indemnitee shall have the right, at the expense of the indemnitor, to negotiate, settle, or defend such claim on such terms as the indemnitee, in good faith, may determine appropriate and the indemnitor shall cooperate with the indemnitee with respect thereto. Upon the disposition or resolution of any claim indemnified hereunder, the indemnitor shall promptly and fully satisfy and discharge such and reimburse the indemnitee for all Losses paid or incurred by the indemnitee with respect to such claim.

Appears in 1 contract

Samples: Agreement of Sale (Corporate Office Properties Trust)

Release and Indemnity. I, AN ADULT VISITOR OR PARENT OF A VISITOR WHO IS A MINOR (FOR MYSELF AND, TO THE FULLEST MAXIMUM EXTENT PERMITTED ALLOWED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELFTHE MINOR), CHILD PARTICIPANT, HEREBY VOLUNTARILY RELEASE AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES AGREE NOT TO XXX, AND SHALL AGREE TO INDEMNIFY URBAN AIRAND HOLD HARMLESS LAKE XXXXXX ZIPLINE ADVENTURES LLC, UATP MANAGEMENTWATERLOO ADVENTURES, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, AND THE LEGAL OWNER OWNERS OF THE PREMISES, PREMISES ON WHICH THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISESACTIVITIES ARE CONDUCTED, AND ANY OF THEIR LENDERSTHE RESPECTIVE PARTNERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERSOWNERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, VOLUNTEERS AND INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, CONTRACTORS OF THESE OPERATING AND INSURERS OF OWNING ENTITIES AND PERSONS (THE “RELEASED PARTIES”) WITH RESPECT TO ANY AND ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, OR CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING ACTION WHICH ARE IN ANY WAY FROM (A) PARTICIPANT’S RELATED TO MY OR THE MINOR VISITOR, IF ANY, BEING ENROLLED IN OR PARTICIPATING IN ACTIVITIES AT THE PARK, INCLUDING THE ZIPLINE TOUR AND AQUATIC CHALLENGE COURSE, MOVING ABOUT THE PREMISES AND THE USE OF PARK EQUIPMENT OR FACILITIES. THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN CLAIMS WHICH ARE THE ACTIVITIES, (C) LOSS OR THEFT SUBJECT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION THESE AGREEMENTS OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE INDEMMNITY INCLUDE CLAIMS OF NEGLIGENT ACTS OR IN PART BY THE NEGLIGENCEOMISSIONS OF A RELEASED PARTY, BUT NOT CLAIMS OF GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTINTENTIONALLY WRONGFUL CONDUCT.

Appears in 1 contract

Samples: Visitor Agreement

Release and Indemnity. TO SUPPLIER WILL RELEASE, INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND NOVATION, THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANTCLIENTS AND THE MEMBERS, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO XXX, AND SHALL INDEMNIFY URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERSREGENTS, AGENTS, EMPLOYEESSUBSIDIARIES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AFFILIATES AND INSURERS OF ALL OF THEM EMPLOYEES (COLLECTIVELY, PROTECTED PARTIES) THE "INDEMNITEES"), FROM AND AGAINST ALL ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, ACTIONS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, EXPERT FEES AND COURT COSTS) OF ANY KIND OR NATURE, WHETHER AT LAW OR IN EQUITY, INCLUDING CLAIMS ASSERTING STRICT LIABILITY, ARISING FROM OR CAUSED IN ANY PART BY (1) THE BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT OF SUPPLIER CONTAINED IN THIS AGREEMENT OR IN THE BID; (2) THE CONDITION OF ANY PRODUCT, INCLUDING A DEFECT IN MATERIAL, WORKMANSHIP, DESIGN OR MANUFACTURING; OR (3) THE WARNINGS AND INSTRUCTIONS ASSOCIATED WITH ANY PRODUCT. SUCH OBLIGATION TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND WILL APPLY EVEN IF THE CLAIMS, DEMANDSLIABILITIES, DAMAGES, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCENEGLIGENCE OR OTHER CULPABLE CONDUCT OF INDEMNITEES; PROVIDED, STRICT HOWEVER, THAT SUCH INDEMNIFICATION, HOLD HARMLESS AND RIGHT TO DEFENSE WILL NOT BE APPLICABLE WHERE THE CLAIM, LIABILITY, DAMAGE, ACTION, COST OR WILLFUL MISCONDUCT EXPENSE ARISES SOLELY AS A RESULT OF AN ACT OR FAILURE TO ACT OF INDEMNITIES. THIS SECTION AND THE PROTECTED PARTIES OBLIGATIONS CONTAINED HEREIN WILL SURVIVE THE EXPIRATION OR PARTICIPANTEARLIER TERMINATION OF THIS AGREEMENT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION REMEDIES SET FORTH IN THIS SECTION ARE IN ADDITION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y) AND NOT A LIMITATION ON ANY SUM OTHER RIGHTS OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANTREMEDIES THAT MAY BE AVAILABLE AGAINST SUPPLIER.

Appears in 1 contract

Samples: www.sec.gov

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