Waiver Indemnification. Neither Landlord nor Landlord's agents, nor any shareholder, constituent partner or other owner of Landlord or any agent of Landlord, nor any contractor, officer, director or employee of any thereof shall be liable to Tenant and Tenant waives all claims against Landlord and such other persons for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises or the Building by or from any cause whatsoever, including without limitation, earthquake or earth movement, gas, fire, oil, electricity or leakage from the roof, walls, basement or other portion of the Premises or the Building, unless caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Tenant agrees to indemnify and hold Landlord, Landlord's agents, the shareholders, constituent partners and/or other owners of Landlord or any agent of Landlord, and all contractors, officers, directors and employees of any thereof (collectively, "Indemnitees"), and each of them, harmless from and to protect and defend each Indemnitee against any and all claims, demands, suits, liability, damage or loss and against all costs and expenses, including reasonable attorneys' fees incurred in connection therewith, (a) arising out of any injury or death of any person or damage to or destruction of property occurring in, on or about the Premises, from any cause whatsoever, unless caused by the gross negligence or willful misconduct of such Indemnitee, or (b) occurring in, on or about any facilities (including without limitation elevators, stairways, passageways or hallways) the use of which Tenant has in common with other tenants, or elsewhere in or about the Building or in the vicinity of the Building, when such claim, injury or damage is caused in whole or in part by the act, neglect, default, or omission of any duty by Tenant, its former or current agents, contractors, employees, invitees, or subtenants or other persons in or about the Building by reason of Tenant's occupancy of the Premises, or otherwise by any conduct of any of said persons in or about the Premises or the Real Property, or (c) arising from any failure of Tenant to observe or perform any of its
Waiver Indemnification. Owner, its agents, directors, officers and employees (collectively the “Owner Parties”) shall not be liable for loss or damage to any personal property of User or its invitees located on the Property or for any injury or death to persons using the License or entering upon the Property. User hereby waives and releases any claims against the Owner Parties for any of the foregoing. User does hereby indemnify and hold harmless the Owner Parties, and each of them, from and against any and all claims, charges, liabilities, obligations, penalties, causes of action, liens, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and other professional fees, incurred by any of the Owner Parties, and relating to (i) the use of the Property by User, its agents, employees, vendors, or invitees, or (ii) arising from or related to this Agreement.
Waiver Indemnification. Failure of any party to insist upon strict performance of any provision of this or any agreement or the failure of any party to exercise any right or remedy to which it, he/ she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by all parties. You agree to indemnify, defend and hold harmless its officers, employees, agents, advisers, and any other associated entities and individuals, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's fees) asserted by any third party due to or arising from or in connection with your use of our publications, websites and/ or promotional materials, or your conduct on our websites, or messages posted or transmitted by you via electronic or other means. Paydirt reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
Waiver Indemnification. Licensee shall waive any direct claim and indemnify, defend, and hold harmless Archive360, Inc., and its officers, directors, employees, attorneys, and agents from and against any and all third-party claims, penalties, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with the following:
Waiver Indemnification. Talarian and the Shareholders agree to and hereby do waive any suit, claim, demand or cause of action of any kind which they may have or may assert against the Escrow Agent arising out of or relating to the execution or performance by the Escrow Agent of this Agreement, in accordance with the terms and conditions hereof, unless such suit, claim, demand or cause of action is based upon the willful neglect or gross negligence or bad faith of the Escrow Agent. They further agree to indemnify the Escrow Agent against and from any and all claims, demands, costs, liabilities and expenses, including reasonable counsel fees, which may be asserted against it or to which it may be exposed or which it may incur by reason of its execution or performance of this Agreement, except to the extent attributable to its willful neglect,
Waiver Indemnification. (A) Neither Landlord nor the other Indemnitees (as defined below) shall be liable to Tenant, and Tenant waives all claims against Landlord and such other Indemnitees, for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises or the Building by or from any cause whatsoever, including without limitation, earthquake or earth movement, gas, fire, oil, electricity or leakage from the roof, walls, basement or other portion of the Premises or the Real Property, except only, with respect to any Indemnitee, to the extent such injury, death or damage is caused by the gross negligence or willful misconduct of such Indemnitee and not covered by the insurance required to be carried by Tenant hereunder or except to the extent such limitation on liability is prohibited by law.
Waiver Indemnification. Tenant shall have access to the Premises thirty (30) days prior to Substantial Completion for installation of furniture and communications equipment. Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise in, and upon, or about the Premises from any incident arising at any time during the period in which Tenant's agents are installing signs, fixtures, or any other equipment and/or constructing any improvements in the Premises. Tenant will also hold Landlord exempt and harmless from any damage or injury to any person arising from the such installations or construction of the Tenant Improvements by Tenant. 20 EXHIBIT "D-2" WORKLETTER AREA TWO
Waiver Indemnification. Tenant shall have access to the Premises thirty (30) days prior to Substantial Completion for installation of furniture and communications equipment. Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise in, and upon, or about the Premises from any incident arising at any time during the period in which Tenant's agents are installing signs, fixtures, or any other equipment and/or constructing any improvements in the Premises. Tenant will also hold Landlord exempt and harmless from any damage or injury to any person arising from the such installations or construction of the Tenant Improvements by Tenant. EXHIBIT "E" NON-DISTURBANCE AGREEMENT THIS AGREEMENT made this _____ day of ______________, 19___, between ______________________, a ________________ (hereinafter called "Lender"), ___________________________________, a _________ (hereinafter called "Tenant"), and ______________, a _______________ (said landlord and its successors and assigns occupying the position of landlord under the Lease hereinafter called "Landlord").
Waiver Indemnification. (a) Tenant hereby waives all claims against Landlord, its successors, assigns, agents, employees, contractors, property manager, partners, directors, officers and affiliates (the "Indemnified Parties") for damages to goods, wares and merchandise in, and upon, or about the Premises, Land or Building from any incident arising at any time during the period in which Tenant's agents are installing signs, fixtures, or any other equipment and/or constructing any improvements in the Premises. Tenant will also hold Landlord exempt and harmless from any damage or injury to any person arising from the construction of the Area One Improvements by Tenant.
Waiver Indemnification. (a) Tenant hereby waives all claims against Landlord, its successors, assigns, agents, employees, contractors, property manager, partners, directors, officers and affiliates (the "Indemnified Parties") for damages to goods,
