USE AND INDEMNITY Sample Clauses

USE AND INDEMNITY. Lessee shall use the Equipment only in Lessee's business. Lessee agrees not to allow the Equipment to be used by other than its employees, consultants, customers and agents. Lessee acknowledges that the Equipment is leased for commercial purposes and not for personal, family or household use. Lessee agrees to indemnify and hold Lessor, and Lessor's officers, directors, shareholders, partners, affiliates, agents, servants, successors and Assignees, harmless against any and all liabilities, losses, damages, actions, claims and expenses of any kind and nature, including, without limitation, court costs and reasonable attorneys' fees and expenses (each, a "Claim"), directly or indirectly related to or arising in connection with the breach of any representation or warranty of Lessee under this Lease or the manufacture, purchase, licensing, lease or sublease, delivery, installation, operation, use, ownership, maintenance, storage, relocation, return or condition of any Unit of the Equipment (regardless of whether such Unit is at the time in the possession or control of Lessee), except to the extent any such claims, actions, liabilities and expenses result from the willful misconduct of Lessor. The foregoing indemnity shall cover, without limitation, (i) any Claim in connection with a design or other defect (latent or patent) in any Unit, (ii) any Claim for infringement of any patent, copyright, trademark or other intellectual property right, (iii) any Claim resulting from the presence on or under or the escape, seepage, leakage, spillage, discharge, emission or release from any Unit of any Hazardous Materials, including, without limitation, any Claims asserted or arising under any Environmental Law, or (iv) any Claim for negligence or strict or absolute liability in tort. Upon Lessor's written demand, Lessee shall assume and diligently conduct, at its sole cost and expense, the entire defense of Lessor and its agents, employees, successors and assigns against any indemnified Claim described in this Paragraph 5. Lessee shall not settle or compromise any Claim against or involving Lessor without first obtaining Lessor's written consent thereto, which consent shall not be unreasonably withheld. The foregoing indemnity shall continue in full force and effect notwithstanding the termination or cancellation of this Lease, whether by expiration of time, operation of law or otherwise.
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USE AND INDEMNITY. 6.1. The Customer will not use or allow others to use the Service:
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USE AND INDEMNITY a) you will not use or allow others to use the internet Services:
Sample 1
USE AND INDEMNITY. Tenant will not store, use, generate, produce, manufacture, distribute, sell, handle, broker, release, or dispose of any Hazardous Materials on or about the Premises, provided that Tenant will have the right to store and use reasonable amounts of chemicals and/or solvents used for ordinary office equipment and ordinary office uses so long as such chemicals and/or solvents are stored and/or used in accordance with applicable Law and any and all instructions accompanying such products relating to the use and disposal of such products. Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any Tenant Party shall be liable or responsible (legally, financially or otherwise) with respect to any Hazardous Materials except for Hazardous Materials that are brought onto or negligently permitted by Tenant or any Tenant Party to enter on, in or under the Premises, the Building or the Project (collectively referred to as “Tenant Hazardous Materials”). The term “Landlord Hazardous Materials” shall mean all Hazardous Materials present at the Project or Building prior to the Commencement Date as well as Hazardous Materials which are stored, generated, handled, brokered, released, produced, manufactured, used or disposed of by Landlord or Landlord Parties following the Commencement Date (but shall specifically exclude any Hazardous Materials brought onto, or disposed, released, or used at the Project or Building after the Commencement Date by anyone other than the Landlord or Landlord Parties). Tenant shall fully comply with all requirements of all applicable Laws to the extent they pertain to Tenant Hazardous Materials. In the event that the existence of Hazardous Materials (other than Tenant Hazardous Materials) on, in or under the Premises, the Building or the Project interferes with Tenant’s use of the Premises, such situation shall be handled pursuant to the provisions of Article 11 as though such existence constituted a casualty for purposes of Rent and Property Taxes abatement and termination rights. Except to the extent that claims, demands, causes of action, damages, costs and liabilities (including attorneys’ fees and costs), arising out of, in connection with, or in any way related to, the storage, generation, handling, brokering, release, production, manufacturing, use or disposal of any Tenant Hazardous Materials, are caused by the negligence or willful misconduct of Landlord or any Landlord Party, Tenant will be responsible for, ...
Sample 1

Related to USE AND INDEMNITY

  • Waiver and Indemnity (a) No omission or delay by Lender in exercising any right or power under this Agreement or any related agreements and documents will impair such right or power or be construed to be a waiver of any default, or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and as to any Borrower no waiver will be valid unless in writing and signed by Lender and then only to the extent specified.

  • Release and Indemnity Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: • To the extent permitted by law, to release and not to xxx Operator, WTC, Triathlon Australia, any applicable federation, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by Operator and to injuries to life, body or health due to intentional or gross negligent breach of duty by Operator or a person used to perform an obligation of Operator; and • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities, or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

  • Liability and Indemnity a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract.

  • Insurance and Indemnity (a) The Hirer shall be liable for:

  • Waiver and Indemnification Tenant waives all claims against Landlord, its Security Holders (defined in Section 17), Landlord’s managing agent(s), their (direct or indirect) owners, and the beneficiaries, trustees, officers, directors, employees and agents of each of the foregoing (including Landlord, the “Landlord Parties”) for (i) any damage to person or property (or resulting from the loss of use thereof), except to the extent such damage is caused by any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, or (ii) any failure to prevent or control any criminal or otherwise wrongful conduct by any third party or to apprehend any third party who has engaged in such conduct. Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys’ and consultants’ fees and expenses) (each, a “Claim”) that is imposed or asserted by any third party and arises from any negligence, willful misconduct or breach of this Lease of or by, Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, officers, directors, employees, agents, contractors, licensees or invitees (each, an “Act of Tenant”), except to the extent such Claim arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party. Landlord shall indemnify, defend, protect, and hold Tenant, its (direct or indirect) owners, and their respective beneficiaries, trustees, officers, directors, employees and agents (including Tenant, the “Tenant Parties”) harmless from any Claim that is imposed or asserted by any third party and arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, except to the extent such Claim arises from an Act of Tenant.

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