Common use of Release of Liability and Indemnification Clause in Contracts

Release of Liability and Indemnification. Landlord and/or its Agent and employees shall not be liable for any personal conflict between Tenant and co-Tenants, Tenant’s guests or invitees, or with any other Tenants that reside in the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, Landlord and/or Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employees; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employees. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 5 contracts

Samples: College Park Lease, College Park Lease, College Park Lease

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Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and co-Tenantswith roommates, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in the BuildingNeighborhood. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of Goddisaster, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeescause; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnifyTENANT AGREES TO INDEMNIFY, defend and hold harmless Landlord and/or Agent and employeesDEFEND AND HOLD HARMLESS LANDLORD AND AGENT, and their respective officersAND THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, membersMEMBERS, managersMANAGERS, agentsAGENTS, employeesEMPLOYEES, heirsHEIRS, beneficiariesBENEFICIARIES, legal representativesLEGAL REPRESENTATIVES, successors and assignsSUCCESSORS AND ASSIGNS, from any and all liabilitiesFROM ANY AND ALL LIABILITIES, claimsCLAIMS, suitsSUITS, demandsDEMANDS, lossesLOSSES, damagesDAMAGES, finesFINES, penaltiesPENALTIES, feesFEES, costs or expenses COSTS OR EXPENSES (includingINCLUDING, but not limited toBUT NOT LIMITED TO, reasonable attorney’s feesREASONABLE ATTORNEYS' FEES, costs and expenses if permitted by prevailing lawCOSTS AND EXPENSES) arising by reason of any deathASSERTED BY ANY PERSON (INCLUDING WITHOUT LIMITATION TENANT OR TENANT'S GUESTS AND INVITEES) ARISING, injuryDIRECTLY OR INDIRECTLY, damage or loss sustained by any personOUT OF (I) ANY ACCIDENT, including TenantINJURY OR DAMAGE OCCURRING IN THE NEIGHBORHOOD, Guarantor and Tenant’s guests and invitees to the extent not caused by any omissionRESULTING FROM ANY ACTS OR OMISSIONS OF TENANT OR TENANT'S GUESTS OR INVITEES IN AND AROUND THE NEIGHBORHOOD; OR (III) TENANT'S FAILURE TO PERFORM ANY COVENANT THAT TENANT IS REQUIRED TO PERFORM UNDER THIS LEASE, faultINCLUDING, negligenceWITHOUT LIMITATION, or other misconduct of Landlord and/or Agent and employeesFAILURE TO MAINTAIN THE REQUIRED RENTER’S INSURANCE. THE INDEMNIFICATION OBLIGATIONS OF TENANT TO LANDLORD UNDER THIS SECTION SHALL NOT DEPEND UPON THE EXISTENCE OF FAULT OR NEGLIGENCE BUT SHALL APPLY WHETHER OR NOT TENANT, TENANT'S GUESTS OR INVITEES, OR ANY OTHER PERSON IS AT FAULT AND SHALL INCLUDE ALL LEGAL LIABILITIES ARISING WITHOUT FAULT. All personal property placed or kept in the PremisesDwelling, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 4 contracts

Samples: Aspen Springfield Missouri Lease Agreement, Aspen Springfield Missouri Lease Agreement, Wilmington North Carolina Lease Agreement

Release of Liability and Indemnification. Landlord and/or its Agent Agents and employees shall not be liable for any personal conflict between Tenant and co-Tenants, Tenant’s guests or invitees, or with any other Tenants that reside in the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent Rent, to the fullest extend extent allowed by law, Landlord and/or Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lighteninglighting, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or or Agent and employees; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employees. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 3 contracts

Samples: Lease, Lease, Maryland Lease

Release of Liability and Indemnification. Landlord and/or its Owner and Agent and employees shall not be liable for any personal conflict between Tenant and of Resident with co-Tenantsresidents, TenantResident’s guests or invitees, or with any other Tenants residents that reside in at the BuildingResidential Facility. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, Landlord and/or Owner and Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lighteninglightning, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesOwner or Agent; and Tenant Resident hereby expressly waives all claims for such death, injury, damage or loss. Tenant Resident agrees to indemnify, defend and hold harmless Landlord and/or Agent Owner and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including TenantResident, Guarantor and TenantResident’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employeesOwner or Agent. All personal property placed or kept in the PremisesResidential Facility, or in any storage room or space, or anywhere on the adjacent property shall be at TenantResident’s sole risk and Landlord and/or its Agents Owner and employees Agent shall not be liable for any damages to, or loss of, such property. Tenant Resident is responsible for securing apartment- encouraged to secure apartment-dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant Resident in or about the Premises, Residential Facility and Landlord and/or Owner and Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Housing Contract, campustowntcnj.net

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, Tenant’s guests or invitees, or with any other Tenants tenants that reside in at the BuildingApartments. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesLandlord; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s attorneys’ fees, costs and expenses if permitted by prevailing lawPrevailing Law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor Tenant and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employeesinvitees. All personal property placed or kept in the PremisesApartment Unit, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- encouraged to secure apartment-dwellers’, renters renters’ or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the PremisesApartment Unit, and neither Landlord and/or nor Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Gainesville, Fl Agreement, Gainesville, Fl Agreement

Release of Liability and Indemnification. Landlord and/or its Agent Agents and employees shall not be liable for any personal conflict between Tenant and co-Tenants, Tenant’s guests or invitees, or with any other Tenants that reside in the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding entitle Tenant to withhold or a set-off against Rent to Rent. To the fullest extend extent allowed by law, Landlord and/or its Agent and employees of shall not be liable for any death, injury, damage damage, or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft theft, or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lighteninglighting, fire, smoke, explosions, natural disaster disaster, or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or or Agent and employees; and Tenant hereby expressly waives all claims for such death, injury, damage damage, or loss. Tenant agrees to indemnify, defend defend, and hold harmless Landlord and/or its Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors successors, and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs costs, or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor Guarantor, and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employees. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- apartment-dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Sample Lease, Maryland Lease

Release of Liability and Indemnification. Landlord and/or its Agent and employees shall not be liable for any personal conflict between Tenant and co-Tenants, Tenant’s guests or invitees, or with any other Tenants that reside in the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding entitle Tenant to withhold or a set-off against Rent to Rent. To the fullest extend allowed by law, Landlord and/or its Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or its Agent and employees; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or its Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employees. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- apartment-dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: College Park Lease, College Park Lease

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and co-Tenantswith roommates, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in the BuildingNeighborhood. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease. Unless caused by negligence or willful misconduct by Landlord or Agent, or a withholding or a set-off against Rent to the fullest extend allowed by law, neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of Goddisaster, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeescause; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnifyTENANT AGREES TO INDEMNIFY, defend and hold harmless Landlord and/or Agent and employeesDEFEND AND HOLD HARMLESS LANDLORD AND AGENT, and their respective officersAND THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, membersMEMBERS, managersMANAGERS, agentsAGENTS, employeesEMPLOYEES, heirsHEIRS, beneficiariesBENEFICIARIES, legal representativesLEGAL REPRESENTATIVES, successors and assignsSUCCESSORS AND ASSIGNS, from any and all liabilitiesFROM ANY AND ALL LIABILITIES, claimsCLAIMS, suitsSUITS, demandsDEMANDS, lossesLOSSES, damagesDAMAGES, finesFINES, penaltiesPENALTIES, feesFEES, costs or expenses COSTS OR EXPENSES (includingINCLUDING, but not limited toBUT NOT LIMITED TO, reasonable attorney’s feesREASONABLE ATTORNEYS' FEES, costs and expenses if permitted by prevailing lawCOSTS AND EXPENSES) arising by reason of any deathASSERTED BY ANY PERSON (INCLUDING WITHOUT LIMITATION TENANT OR TENANT'S GUESTS AND INVITEES) ARISING, injuryDIRECTLY OR INDIRECTLY, damage or loss sustained by any personOUT OF (I) ANY ACCIDENT, including TenantINJURY OR DAMAGE OCCURRING IN THE NEIGHBORHOOD, Guarantor and Tenant’s guests and invitees to the extent not caused by any omissionRESULTING FROM ANY ACTS OR OMISSIONS OF TENANT OR TENANT'S GUESTS OR INVITEES IN AND AROUND THE NEIGHBORHOOD; OR (III) TENANT'S FAILURE TO PERFORM ANY COVENANT THAT TENANT IS REQUIRED TO PERFORM UNDER THIS LEASE, faultINCLUDING, negligenceWITHOUT LIMITATION, or other misconduct of Landlord and/or Agent and employeesFAILURE TO MAINTAIN THE REQUIRED RENTER’S INSURANCE. THE INDEMNIFICATION OBLIGATIONS OF TENANT TO LANDLORD UNDER THIS SECTION SHALL NOT DEPEND UPON THE EXISTENCE OF FAULT OR NEGLIGENCE BUT SHALL APPLY WHETHER OR NOT TENANT, TENANT'S GUESTS OR INVITEES, OR ANY OTHER PERSON IS AT FAULT AND SHALL INCLUDE ALL LEGAL LIABILITIES ARISING WITHOUT FAULT. All personal property placed or kept in the PremisesDwelling, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Syracuse New York Lease Agreement, Syracuse New York Lease Agreement

Release of Liability and Indemnification. Landlord and/or its Agent and employees Manager shall not be liable for any personal conflict between of Tenant and with co-Tenants, Tenant’s guests or invitees, or with any other Tenants Residents that reside in at the BuildingPremises. A conflict between Tenants does not constitute grounds for termination of the Leasewithholding, or a withholding or a set-off against Rent to the fullest extend allowed by law, Landlord and/or Agent and employees of Manager shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesor Manager; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employeesManager, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor and Tenant’s guests and invitees to the extent not caused by any omission, fault, negligence, or other misconduct of Landlord and/or Agent and employeesManager. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees Manager shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- apartment-dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees Manager shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Lease, Lease

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in the BuildingNeighborhood. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of Goddisaster, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeescause; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnifyTENANT AGREES TO INDEMNIFY, defend and hold harmless Landlord and/or Agent and employeesDEFEND AND HOLD HARMLESS LANDLORD AND AGENT, and their respective officersAND THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, membersMEMBERS, managersMANAGERS, agentsAGENTS, employeesEMPLOYEES, heirsHEIRS, beneficiariesBENEFICIARIES, legal representativesLEGAL REPRESENTATIVES, successors and assignsSUCCESSORS AND ASSIGNS, from any and all liabilitiesFROM ANY AND ALL LIABILITIES, claimsCLAIMS, suitsSUITS, demandsDEMANDS, lossesLOSSES, damagesDAMAGES, finesFINES, penaltiesPENALTIES, feesFEES, costs or expenses COSTS OR EXPENSES (includingINCLUDING, but not limited toBUT NOT LIMITED TO, reasonable attorney’s feesREASONABLE ATTORNEYS' FEES, costs and expenses if permitted by prevailing lawCOSTS AND EXPENSES) arising by reason of any deathASSERTED BY ANY PERSON (INCLUDING WITHOUT LIMITATION TENANT OR TENANT'S GUESTS AND INVITEES) ARISING, injuryDIRECTLY OR INDIRECTLY, damage or loss sustained by any personOUT OF (I) ANY ACCIDENT, including TenantINJURY OR DAMAGE OCCURRING IN THE NEIGHBORHOOD, Guarantor and Tenant’s guests and invitees to the extent not caused by any omissionRESULTING FROM ANY REASON WHATSOEVER, faultINCLUDING WITHOUT LIMITATION THE ACTS OF LANDLORD OR AGENT, negligenceOR THE CONDITION OR MAINTENANCE OF THE NEIGHBORHOOD; (II) ANY ACTIVITIES OF TENANT OR TENANT'S GUESTS OR INVITEES IN AND AROUND THE NEIGHBORHOOD; OR (III) TENANT'S FAILURE TO PERFORM ANY COVENANT THAT TENANT IS REQUIRED TO PERFORM UNDER THIS LEASE. THE INDEMNIFICATION OBLIGATIONS OF TENANT TO LANDLORD UNDER THIS SECTION SHALL NOT DEPEND UPON THE EXISTENCE OF FAULT OR NEGLIGENCE BUT SHALL APPLY WHETHER OR NOT TENANT, or other misconduct of Landlord and/or Agent and employeesTENANT'S GUESTS OR INVITEES, LANDLORD, AGENT OR ANY OTHER PERSON IS AT FAULT AND SHALL INCLUDE ALL LEGAL LIABILITIES ARISING WITHOUT FAULT. All personal property placed or kept in the PremisesDwelling, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Aspen Heights Columbia Missouri Lease Agreement, Aspen Heights Murfreesboro Tennessee Lease Agreement

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in at the BuildingApartments. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesLandlord; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s attorneys' fees, costs and expenses if permitted by prevailing law) Prevailing Law arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor Tenant and Tenant’s 's guests and invitees invitees) asserted by any person (including without limitation Tenant or Tenant's guests and invitees) arising, directly or indirectly, out of (i) any accident, injury or damage occurring in the Apartments, resulting from any reason whatsoever, including without limitation, to the extent not caused permitted by any omissionlaw, fault, negligencethe acts of Landlord or Agent, or the condition or maintenance of the Apartments; (ii) any activities of Tenant or Tenant's guests or invitees in and around the Apartment Units or on or about Apartments; or (iii) Tenant's failure to perform any covenant that Tenant is required to perform under this Lease. The indemnification obligations of Tenant to Landlord under this section shall not depend upon the existence of fault or negligence but shall apply whether or not Tenant, Tenant's guests or invitees or, to the extent permitted by law, Landlord or Agent, or any other misconduct of Landlord and/or Agent person be at fault and employeesshall include all legal liabilities arising without fault. All personal property placed or kept in the PremisesApartment Unit, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- encouraged to secure apartment-dwellers', renters renters' or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the PremisesApartment Unit, and neither Landlord and/or nor Agent and employees shall not have any liability with respect to the same.

Appears in 2 contracts

Samples: Properties, LLC Agreement of Lease, Properties, LLC Agreement of Lease

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in the BuildingNeighborhood. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of Goddisaster, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeescause; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnifyTENANT AGREES TO INDEMNIFY, defend and hold harmless Landlord and/or Agent and employeesDEFEND AND HOLD HARMLESS LANDLORD AND AGENT, and their respective officersAND THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, membersMEMBERS, managersMANAGERS, agentsAGENTS, employeesEMPLOYEES, heirsHEIRS, beneficiariesBENEFICIARIES, legal representativesLEGAL REPRESENTATIVES, successors and assignsSUCCESSORS AND ASSIGNS, from any and all liabilitiesFROM ANY AND ALL LIABILITIES, claimsCLAIMS, suitsSUITS, demandsDEMANDS, lossesLOSSES, damagesDAMAGES, finesFINES, penaltiesPENALTIES, feesFEES, costs or expenses COSTS OR EXPENSES (includingINCLUDING, but not limited toBUT NOT LIMITED TO, reasonable attorney’s feesREASONABLE ATTORNEYS' FEES, costs and expenses if permitted by prevailing lawCOSTS AND EXPENSES) arising by reason of any deathASSERTED BY ANY PERSON (INCLUDING WITHOUT LIMITATION TENANT OR TENANT'S GUESTS AND INVITEES) ARISING, injuryDIRECTLY OR INDIRECTLY, damage or loss sustained by any personOUT OF (I) ANY ACCIDENT, including TenantINJURY OR DAMAGE OCCURRING IN THE NEIGHBORHOOD, Guarantor and Tenant’s guests and invitees to the extent not caused by any omissionRESULTING FROM ANY REASON WHATSOEVER, faultINCLUDING WITHOUT LIMITATION THE CONDITION OR MAINTENANCE OF THE NEIGHBORHOOD; (II) ANY ACTIVITIES OF TENANT OR TENANT'S GUESTS OR INVITEES IN AND AROUND THE NEIGHBORHOOD; OR (III) TENANT'S FAILURE TO PERFORM ANY COVENANT THAT TENANT IS REQUIRED TO PERFORM UNDER THIS LEASE. THE INDEMNIFICATION OBLIGATIONS OF TENANT TO LANDLORD UNDER THIS SECTION SHALL NOT DEPEND UPON THE EXISTENCE OF FAULT OR NEGLIGENCE BUT SHALL APPLY WHETHER OR NOT TENANT, negligenceTENANT'S GUESTS OR INVITEES, or other misconduct of Landlord and/or Agent and employeesOR ANY OTHER PERSON IS AT FAULT AND SHALL INCLUDE ALL LEGAL LIABILITIES ARISING WITHOUT FAULT. All personal property placed or kept in the PremisesDwelling, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Notwithstanding the foregoing, Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have waive any rights or remedies to which it is entitled under the Virginia Residential Landlord and Tenant Act (the “Act”), or indemnify Landlord for any liability with respect of Landlord to the sameTenant arising under law.

Appears in 1 contract

Samples: Aspen Heights Harrisonburg Virginia Lease Agreement

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Release of Liability and Indemnification. Landlord and/or its Agent IN NO EVENT SHALL EITHER PROPERTY MANAGER OR HOME OWNER, OR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT. PROPERTY MANAGER’S AND HOME OWNER’S AGGREGATE LIABILITY, AND GUEST’S EXCLUSIVE REMEDY, FOR ANY AND ALL DAMAGES LOSSES, CLAIMS AND CAUSES OF ACTION FROM ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OR ACTION, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, WILL IN NO EVENT EXCEED THE FEES PAID BY GUEST UNDER THIS AGREEMENT PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. Guest agrees to release, defend indemnify and hold Property Manager, Home Owner and their affiliates, officers, directors, owners, employees shall not be liable for any personal conflict between Tenant and co-Tenantsagents (collectively “the released parties”) harmless, Tenant’s guests or invitees, or with any other Tenants that reside in the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent to the fullest extend allowed maximum extent allowable by law, Landlord and/or Agent from and employees of shall not be liable for against any deathand all losses, injurydamages, damage or loss to person or propertyclaims, includingsuits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses), including but not limited to, those arising out of injury or death to any deathperson or loss or damage to any property of any kind whatsoever during the term of occupancy, resulting from any cause whatsoever, except to the extent that such may be the result of gross negligence or willful or intentional misconduct by the Released Parties. Guest does hereby personally assume all risks, whether foreseen or unforeseen, in connection with its entrance onto or use of the Property, for any harm, injury, damage including paralysis or loss caused by burglarydeath, assaultthat may befall me or my property while I am on the Property, vandalismincluding condition of the property, theft or any other crimesknown and unknown hazards of the property, the risk of negligence of othersany party or participant, windincluding the Released Parties. I hereby agree to PROTECT, rainHOLD HARMLESS AND INDEMNIFY the Released Parties for any and all damages and costs they incur, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent including attorney fees and employees; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assignscosts, from any and all liabilities, claims, suits, demandsor actions brought or threatened against any of the Released Parties by anyone claiming to have been injured as a result of any injury or death, lossesto me or my property arising out of my entrance onto or use of the Property. By signing this release, damagesit is my intent to release, fineswaive, penaltiesand indemnify all of the Released Parties from liability connected with my entrance onto and use of the Property, fees, costs or expenses the condition of the property (including, but not limited to, reasonable attorney’s feesthe negligence of the Released Parties, costs whether passive or active), and expenses if permitted by prevailing law) arising by reason to personally assume all risk of any injury, death, injuryor property damage. I understand that the terms herein are contractual and not a mere recital, damage or loss sustained by and that I have willingly signed this Agreement voluntarily and of my own free act for the consideration expressed herein. If any personpart of this Agreement is held unenforceable, such part shall be stricken and the remainder of this Agreement shall continue to be in full force and effect. Guest understands and acknowledges that their occupancy of the Property shall not commence until Property Manager has received all required Waivers, including Tenant, Guarantor and Tenant’s guests and invitees but not limited to the extent not caused Home Owner and ABOVE VACATION RESIDENCES Waiver & Release (EXHIBIT B), executed by any omission, fault, negligence, or other misconduct of Landlord and/or Agent Guest and employeesall guests in Guest’s party. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same(Contract.Signature)

Appears in 1 contract

Samples: Term Accommodations License Agreement

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, Tenant’s guests or invitees, or with any other Tenants tenants that reside in at the BuildingApartments. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesLandlord; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s attorneys’ fees, costs and expenses if permitted by prevailing law) Prevailing Law arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor Tenant and Tenant’s guests and invitees invitees) asserted by any person (including without limitation Tenant or Tenant’s guests and invitees) arising, directly or indirectly, out of (i) any accident, injury or damage occurring in the Apartments, resulting from any reason whatsoever, including without limitation, to the extent not caused permitted by any omissionlaw, fault, negligencethe acts of Landlord or Agent, or the condition or maintenance of the Apartments; (ii) any activities of Tenant or Tenant’s guests or invitees in and around the Apartment Units or on or about Apartments; or (iii) Tenant's failure to perform any covenant that Tenant is required to perform under this Lease. The indemnification obligations of Tenant to Landlord under this section shall not depend upon the existence of fault or negligence but shall apply whether or not Tenant, Tenant’s guests or invitees or, to the extent permitted by law, Landlord or Agent, or any other misconduct of Landlord and/or Agent person be at fault and employeesshall include all legal liabilities arising without fault. All personal property placed or kept in the PremisesApartment Unit, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- encouraged to secure apartment-dwellers’, renters renters’ or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the PremisesApartment Unit, and neither Landlord and/or nor Agent and employees shall not have any liability with respect to the same.

Appears in 1 contract

Samples: Properties, LLC Agreement of Lease

Release of Liability and Indemnification. Landlord and/or its Owner and Agent and employees shall not be liable for any personal conflict between Tenant and co-Tenantsof Licensee with co- licensees, TenantLicensee’s guests or invitees, or with any other Tenants licensees that reside in the Buildingat The Summit Apartments. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, Landlord and/or Owner and Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lighteninglightning, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesOwner or Agent; and Tenant Licensee hereby expressly waives all claims for such death, injury, damage or loss. Tenant Licensee agrees to indemnify, defend defend, and hold harmless Landlord and/or Agent Owner and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs costs, and expenses if permitted by prevailing law) arising by reason of any death, injury, damage damage, or loss sustained by any person, including TenantLicensee, Guarantor Guarantor, and TenantLicensee’s guests and invitees to the extent not caused by any omission, fault, negligence, the gross negligence or other willful misconduct of Landlord and/or Agent and employeesOwner or Agent. All personal property placed or kept stored in the PremisesThe Summit Apartments, or in any storage room or space, or anywhere on the adjacent property shall be so placed or stored at TenantLicensee’s sole risk and Landlord and/or its Agents Owner and employees Agent shall not be liable for any damages to, or loss of, such property. Tenant Licensee is responsible for securing apartment- encouraged to secure apartment-dwellers’, renters renters, or similar insurance to cover any damage or loss to personal property kept by Tenant Licensee in or about the Premises, The Summit Apartments and Landlord and/or Owner and Agent and employees shall not have any liability with respect to the same.. RELEASES AND ACKNOWLEDGEMENTS: (Licensee must INITIAL EACH ITEM in the space provided)

Appears in 1 contract

Samples: Housing License Agreement

Release of Liability and Indemnification. PRC Campus Centers, LLC (“Owner”), Landlord and/or its and Agent and employees shall not be liable for any personal conflict between Tenant and of Resident with co-Tenantsresidents, TenantResident’s guests or invitees, or with any other Tenants residents that reside in at the BuildingResidential Facility. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent to the fullest extend allowed by lawOwner, Landlord and/or and Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any such death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, loss of utility service, wind, rain, flood, hail, ice, snow, lighteninglightning, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Owner, Landlord and/or Agent and employeesor Agent; and Tenant Resident hereby expressly waives all claims for such death, injury, damage or loss. Tenant Resident agrees to indemnify, defend and hold harmless Owner, Landlord and/or Agent and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including TenantResident, Guarantor and TenantResident’s guests and invitees to the extent not caused by any omission, fault, negligence, direct negligent act or other omission or willful misconduct of Landlord and/or Agent and employeesor Agent. All personal property placed or kept in the PremisesResidential Facility, or in any storage room or space, or anywhere on the adjacent property shall be at TenantResident’s sole risk and Landlord and/or its Agents and employees Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 1 contract

Samples: edgewoodfsu.com

Release of Liability and Indemnification. Landlord and/or I hereby acknowledge that I have knowingly and willingly entered into this Agreement and become a party bound by the terms and conditions of this release of liability and indemnification by and between ABOVE Vacation Residences (Property Manager), and the Home Owner. I understand the terms, provisions, and conditions of this Agreement and its Agent warnings, and I agree to be bound by its terms, provisions, and conditions. Comprehensive release--Guest agrees to release Property Manager, Home Owner and their affiliates, officers, directors, owners, employees shall not be liable for any personal conflict between Tenant and co-Tenants, Tenant’s guests or invitees, or with any other Tenants that reside in agents (collectively “the Building. A conflict between Tenants does not constitute grounds for termination of the Lease, or a withholding or a set-off against Rent released parties”) to the fullest extend allowed maximum extent allowable by law, Landlord and/or Agent from and employees of shall not be liable against any and all liability for any deathbodily injury, property damage or other damage or every kind to me, caused by or resulting from, in whole or in part, by Home Owner and/or ABOVE Vacation Residences and their employees, servants, agents, or representatives, including any and all losses, damages, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses), caused by or resulting from the NEGLIGENT ACTS AND/OR OMISSIONS by the Home Owner and/or ABOVE Vacation Residences and their employees, servants, agents, or representatives. This release includes but is not limited to any and all liability arising out of injury or death to me or any person or loss or damage to any property of any kind whatsoever during the term of occupancy, resulting from any cause whatsoever, except to the extent that such may be the result of gross negligence or willful or intentional misconduct by the Released Parties. Assumption of Risk--Guest does hereby personally assume all risks, whether foreseen or unforeseen, in connection with its entrance onto or use of the Property, for any harm, injury, damage including paralysis or loss to person death, that may befall me or my property while I am on the Property, including condition of the property, includingknown or unknown hazards of the property, the risk of negligence of any party or participant, including the Released Parties. Hold Harmless and Indemnity--I hereby agree to PROTECT, HOLD HARMLESS AND INDEMNIFY the Released Parties for any and all damages and costs they incur, including attorney fees and costs, from any claims, suits, or actions brought or threatened against any of the Released Parties by anyone claiming to have been injured as a result of any injury or death, to me or my property arising out of my entrance onto or use of the Property. By signing this Release, it is my intent to release, waive, and indemnify all of the Released Parties from liability connected with my entrance onto and use of the Property, the condition of the property, (including but not limited to, any the negligence of the Released Parties, whether passive oractive), and to personally assume all risk of injury, death, injuryor property damage. Iunderstand that the terms herein are contractual and not a mere recital, damage or loss caused by burglaryand that I have willingly signed this Agreement voluntarily and of my own free act for the consideration expressed herein. If any part of this Agreement is held unenforceable, assault, vandalism, theft or any other crimes, negligence such part shall be stricken and the remainder of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control this Agreement shall continue to be in full force and effect. Guest understands and acknowledges that their occupancy of the Landlord and/or Agent and employees; and Tenant hereby expressly waives Property shall not commence until Property Manager has received all claims for such deathrequired Waivers, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employees, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, including but not limited to, reasonable attorney’s fees, costs and expenses if permitted by prevailing law) arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor and Tenant’s guests and invitees to the extent Home Owner and ABOVE VACATION RESIDENCES Waiver & Release (EXHIBIT B), executed by Guest and all guests in Guest’s party. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Texas and any action arising out of this agreement shall be litigated in the county of Xxxxxx, State of Texas. I HAVE READ AND AGREED TO ALL THE TERMS OF THIS AGREEMENT, WHICH IS A COMPLETE RELEASE OF LIABILITY (EVEN IF CAUSED BY THE ACTIONS OF ABOVE VACATION RESIDENCES, PROPERTY MANAGER, AND THE HOME OWNER, ITS OWNERS, AGENTS, AND/OR EMPLOYEES) THAT IS BINDING ON ME, MY HEIRS, SUCCESSORS AND ASSIGNS. IF I AM A PARENT AUTHORIZING MY CHILD TO ENTER ONTO OR USE THE PROPERTY, I HAVE READ AND HEREBY ACKNOWLEDGE THE STATEMENTS ABOVE. Date: (Xxxxxxxx.Xxxx) , Home Owner , Property Manager, ABOVE Vacation Residences _(Contract.Signature) , Guest SHORT TERM ACCOMMODATIONS LICENSE AGREEMENT This Short Term Accommodations License Agreement (the “Agreement”) is made by and between ABOVE VACATION RESIDENCES (“Property Manager”) and (Guest.FullName) (“Guest”) as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows: Purpose and Intent: The purpose of this License is to set forth the terms and provisions under which Property Manager will provide the vacation accommodations and vacation related services described herein to Guest. Notwithstanding anything to the contrary, Property Manager and Guest expressly acknowledge, confirm and agree that: (i) the License is and shall at all times be a license and is the commercial equivalent of an agreement for accommodation in a hotel; (ii) the relationship between Property Manager and Guest and created hereunder is that of licensor-licensee and not caused by of landlord-tenant or lessor-lessee; and (iii) the License does not create nor shall be deemed to create, any omissiontenancy interest, fault, negligence, leasehold estate or other misconduct real property interest in favor of Landlord and/or Agent and employees. All personal property placed or kept in the Premises, or in any storage room or space, or anywhere on the adjacent property shall be at Tenant’s sole risk and Landlord and/or its Agents and employees shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability Guest with respect to the samevacation accommodations and related services provided hereunder. In exchange for the License for limited use of the Property, Licensee shall pay a daily fee (the “Occupancy License Fee”).

Appears in 1 contract

Samples: Term Accommodations License Agreement

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and with co-Tenantstenants, TenantXxxxxx’s guests or invitees, or with any other Tenants tenants that reside in at the BuildingApartments. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of God, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeesLandlord; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnify, defend and hold harmless Landlord and/or Agent and employeesAgent, and their respective officers, directors, shareholders, members, managers, agents, employees, heirs, beneficiaries, legal representatives, successors and assigns, from any and all liabilities, claims, suits, demands, losses, damages, fines, penalties, fees, costs or expenses (including, but not limited to, reasonable attorney’s attorneys’ fees, costs and expenses if permitted by prevailing law) Prevailing Law arising by reason of any death, injury, damage or loss sustained by any person, including Tenant, Guarantor Tenant and Xxxxxx’s guests and invitees) asserted by any person (including without limitation Tenant or Tenant’s guests and invitees invitees) arising, directly or indirectly, out of (i) any accident, injury or damage occurring in the Apartments, resulting from any reason whatsoever, including without limitation, to the extent not caused permitted by any omissionlaw, fault, negligencethe acts of Landlord or Agent, or the condition or maintenance of the Apartments; (ii) any activities of Tenant or Tenant’s guests or invitees in and around the Apartment Units or on or about Apartments; or (iii) Tenant's failure to perform any covenant that Tenant is required to perform under this Lease. The indemnification obligations of Tenant to Landlord under this section shall not depend upon the existence of fault or negligence but shall apply whether or not Tenant, Tenant’s guests or invitees or, to the extent permitted by law, Landlord or Agent, or any other misconduct of Landlord and/or Agent person be at fault and employeesshall include all legal liabilities arising without fault. All personal property placed or kept in the PremisesApartment Unit, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- encouraged to secure apartment-dwellers’, renters renters’ or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the PremisesApartment Unit, and neither Landlord and/or nor Agent and employees shall not have any liability with respect to the same.

Appears in 1 contract

Samples: Properties, LLC Agreement of Lease

Release of Liability and Indemnification. Neither Landlord and/or its nor Agent and employees shall not be liable for any personal conflict between of Tenant and co-Tenantswith roommates, Tenant’s 's guests or invitees, or with any other Tenants tenants that reside in the BuildingNeighborhood. A Therefore, a conflict between Tenants tenants does not constitute grounds for termination of the Tenant to terminate this Lease, or a withholding or a set-off against Rent to the fullest extend allowed by law, . Neither Landlord and/or nor Agent and employees of shall not be liable for any death, injury, damage or loss to person or property, including, but not limited to, any death, injury, damage or loss caused by burglary, assault, vandalism, theft or any other crimes, negligence of others, wind, rain, flood, hail, ice, snow, lightening, fire, smoke, explosions, natural disaster or other acts of Goddisaster, or any other cause beyond the reasonable control of the Landlord and/or Agent and employeescause; and Tenant hereby expressly waives all claims for such death, injury, damage or loss. Tenant agrees to indemnifyTENANT AGREES TO INDEMNIFY, defend and hold harmless Landlord and/or Agent and employeesDEFEND AND HOLD HARMLESS LANDLORD AND AGENT, and their respective officersAND THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, shareholdersSHAREHOLDERS, membersMEMBERS, managersMANAGERS, agentsAGENTS, employeesEMPLOYEES, heirsHEIRS, beneficiariesBENEFICIARIES, legal representativesLEGAL REPRESENTATIVES, successors and assignsSUCCESSORS AND ASSIGNS, from any and all liabilitiesFROM ANY AND ALL LIABILITIES, claimsCLAIMS, suitsSUITS, demandsDEMANDS, lossesLOSSES, damagesDAMAGES, finesFINES, penaltiesPENALTIES, feesFEES, costs or expenses COSTS OR EXPENSES (includingINCLUDING, but not limited toBUT NOT LIMITED TO, reasonable attorney’s feesREASONABLE ATTORNEYS' FEES, costs and expenses if permitted by prevailing lawCOSTS AND EXPENSES) arising by reason of any deathASSERTED BY ANY PERSON (INCLUDING WITHOUT LIMITATION TENANT OR TENANT'S GUESTS AND INVITEES) ARISING, injuryDIRECTLY OR INDIRECTLY, damage or loss sustained by any personOUT OF (I) ANY ACCIDENT, including TenantINJURY OR DAMAGE OCCURRING IN THE NEIGHBORHOOD, Guarantor and Tenant’s guests and invitees to the extent not caused by any omissionRESULTING FROM ANY REASON WHATSOEVER, faultINCLUDING WITHOUT LIMITATION THE ACTS OF LANDLORD OR AGENT, negligenceOR THE CONDITION OR MAINTENANCE OF THE NEIGHBORHOOD; (II) ANY ACTIVITIES OF TENANT OR TENANT'S GUESTS OR INVITEES IN AND AROUND THE NEIGHBORHOOD; OR (III) TENANT'S FAILURE TO PERFORM ANY COVENANT THAT TENANT IS REQUIRED TO PERFORM UNDER THIS LEASE. THE INDEMNIFICATION OBLIGATIONS OF TENANT TO LANDLORD UNDER THIS SECTION SHALL NOT DEPEND UPON THE EXISTENCE OF FAULT OR NEGLIGENCE BUT SHALL APPLY WHETHER OR NOT TENANT, or other misconduct of Landlord and/or Agent and employeesTENANT'S GUESTS OR INVITEES, LANDLORD, AGENT OR ANY OTHER PERSON IS AT FAULT AND SHALL INCLUDE ALL LEGAL LIABILITIES ARISING WITHOUT FAULT. All personal property placed or kept in the PremisesDwelling, or in any storage room or space, or anywhere on the adjacent property of Landlord shall be at Tenant’s 's sole risk and neither Landlord and/or its Agents and employees nor Agent shall not be liable for any damages to, or loss of, such property. Tenant is responsible for securing apartment- dwellers’, renters or similar insurance to cover any damage or loss to personal property kept by Tenant in or about the Premises, and Landlord and/or Agent and employees shall not have any liability with respect to the same.

Appears in 1 contract

Samples: Aspen Heights Norman Oklahoma Lease Agreement

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