Waiver of Liability. Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.
Waiver of Liability. SOLELY AS BETWEEN TENANT AND MANAGER, AS LONG AS A PARTY AND ANY AFFILIATES REQUESTED BY SUCH PARTY ARE A NAMED INSURED OR ADDITIONAL INSURED UNDER THE OTHER PARTY’S INSURANCE POLICIES, OR THE POLICIES OTHERWISE PERMIT IF SUCH PARTY OR ITS AFFILIATES ARE NOT SO NAMED, SUCH PARTY HEREBY RELEASES THE OTHER PARTY, AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, FROM ANY AND ALL LIABILITY FOR MONETARY RELIEF, DAMAGE, LOSS, COST OR EXPENSE INCURRED BY THE RELEASING PARTY, WHETHER OR NOT DUE TO THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF THE PERSONS SO RELEASED TO THE EXTENT SUCH LIABILITY, DAMAGE, LOSS, COST OR EXPENSE IS COVERED BY THE INSURANCE POLICIES OF THE RELEASING PARTY, BUT (OTHER THAN AS PROVIDED IN ARTICLE XIV) ONLY TO THE EXTENT OF INSURANCE PROCEEDS RECEIVED. FOR AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE THAT THE PRECEDING PORTION OF THIS SECTION 12.2 SHALL NOT BE DEEMED TO VITIATE OR SUPERSEDE ANY OBLIGATIONS OF (x) LEASE GUARANTOR IN RESPECT OF THE GUARANTEED OBLIGATIONS OR OTHERWISE HEREUNDER AND/OR (y) TENANT UNDER THE LEASE, IN EACH CASE IN ACCORDANCE WITH THE TERMS HEREOF AND THEREOF.
Waiver of Liability. In consideration of the right to use the RECREATIONAL/HEALTH FACILITIES (if any), at the Apartment Community, the RESIDENT acknowledges and agrees that neither Owner nor MANAGEMENT nor their affiliates, agents, members, partners, employees, successors or assigns shall be liable for claims, demands, costs or expenses arising out of any personal injury, property damage or loss which may be sustained by the undersigned or any persons whom the undersigned allows to use the facilities, whether or not caused in whole or in part by the active or passive actions of Owner or MANAGEMENT, or their affiliates, agents, employees, partners, members, successors or assigns. RESIDENT acknowledges and agrees to hold harmless, indemnify and defend same against any and all claims, liabilities, damages, liens and expenses (including, without limitation, reasonable attorney’s fees) arising directly or indirectly from any such occurrences. RI
Waiver of Liability. (a) Each Second Lien Collateral Agent, on behalf of itself and its Related Second Lien Claimholders, agrees that the First Lien Collateral Agents and the other First Lien Claimholders shall have no liability to any Second Lien Collateral Agent or any other Second Lien Claimholders, and each Second Lien Collateral Agent, on behalf of itself and its Related Second Lien Claimholders, hereby waives any claim against any First Lien Collateral Agent or any other First Lien Claimholder, arising out of any and all actions which any First Lien Collateral Agent or any other First Lien Claimholders may take or permit or omit to take with respect to: (i) the First Lien Documents (including, without limitation, any failure to perfect or obtain perfected security interests in the First Lien Collateral), (ii) the collection of the First Lien Obligations or (iii) the foreclosure upon, or sale, liquidation or other Disposition of, any First Lien Collateral. Each Second Lien Collateral Agent, on behalf of itself and its Related Second Lien Claimholders, also agrees that the First Lien Collateral Agents and the other First Lien Claimholders have no duty, express or implied, fiduciary or otherwise, to them in respect of the maintenance or preservation of the First Lien Collateral, the First Lien Obligations or otherwise. Neither the First Lien Collateral Agents nor any other First Lien Claimholder nor any of their respective directors, officers, employees or agents will be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so, or will be under any obligation to sell or otherwise Dispose of any Collateral upon the request of any Obligor or upon the request of any Second Lien Collateral Agent, any other Second Lien Claimholder or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. Without limiting the foregoing, each Second Lien Collateral Agent, on behalf of itself and its Related Second Lien Claimholders, agrees that neither any First Lien Collateral Agent nor any other First Lien Claimholder (in directing the First Lien Collateral Agent to take any action with respect to the Collateral) shall have any duty or obligation to realize first upon any type of Collateral or to sell or otherwise Dispose of all or any portion of the Collateral in any manner, including as a result of the application of the principles of marshaling or otherwise, that would maximize the return to an...
Waiver of Liability. Failure by Landlord to perform any defined services, or any cessation thereof, when such failure is caused by accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of any character or by any other cause, similar or dissimilar, shall not render Landlord liable to Tenant in any respect, including damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery utilized in supplying the services listed herein break down or for any cause cease to function properly, upon receipt of written notice from Tenant of any deficiency or failure of any services, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no right to terminate this Lease and shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Tenant waives the provisions of California Civil Code Sections 1941 and 1942 concerning the Landlord’s obligation of tenantability and Tenant’s right to make repairs and deduct the cost of such repairs from the rent. Landlord shall not be liable for a loss of or injury to person or property, however occurring, through or in connection with or incidental to furnishing, or its failure to furnish, any of the foregoing.
Waiver of Liability. You understand use of hot tub is at your own risk and that special risks may be involved in using the hot tub. You accept full responsibility for any bodily injury arising from use of the hot tub and hold owner harmless. You understand there are potential dangers that the hot tub may present to children who are not carefully supervised, as well as the danger to any person using the hot tub, or if a person has health risks, or if a person uses the hot tub while intoxicated or using any kind of drugs or medication, or uses the hot tub if pregnant. You agree to explain the risks of using the hot tub to any guests you may have at the property and to be fully and solely responsible for any accidents your guests may incur. You understand the risks discussed above and agree that you will assume all responsibility for yourself and your guest for the consequences of those risks. You agree to waive any claim whatsoever against property owner, the management company including any of its employees, affiliates, contractors or family, for accidents or claims arising from your guests’ use of hot tub.
Waiver of Liability. Anything contained in the Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the Old Vanderburgh County Courthouse of which the Premises forms a part and the rentals derived therefrom for the collection of any judgment or other judicial process requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions of this Lease to be observed and/or performed by Landlord, subject, however, to the prior rights of any holder of any mortgage covering the Old Vanderburgh County Courthouse, and shall look to no other assets of Landlord. Tenant further agrees that, other than Landlord, no person, board or entity, including the Board of Commissioner of Vanderburgh County, Indiana, shall be subject to levy, execution, or other judicial process for the satisfaction of Tenant’s claims. In the event Landlord conveys or transfers its interest in the Old Vanderburgh County Courthouse or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, Landlord shall be entirely released from all liability with respect to the performance of any obligation on the part of Landlord hereunder from and after the date of such conveyance or transfer, provided that any amounts then due and payable to Tenant by Landlord or any other obligations then to be performed by Landlord under this Lease, shall either be paid or performed by Landlord or such payment or performance assumed by the grantee or transferee, it being intended hereby that the covenants and obligations on the part of Landlord to be performed hereunder shall, subject as aforesaid, be binding on Landlord, its successors and assigns only during and with respect to their respective periods of ownership of an interest in the Old Vanderburgh County Courthouse or in the Lease.
Waiver of Liability a. The Mediator shall not be liable to any of the Parties for any act or omission or default of the Mediator in connection with the Mediation other than as a result of his own wilful misconduct or bad faith.
Waiver of Liability. Failure by Landlord to perform any defined services, or any cessation thereof, when such failure is caused by accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of any character or by any other cause, similar or dissimilar, shall not render Landlord liable to Tenant in any respect, including damages to either person or property, except to the extent due to Landlord's active negligence or willful misconduct, nor be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery utilized in supplying the services listed herein break down or for any cause cease to function properly, upon receipt of written notice from Tenant of any deficiency or failure of any services, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no right to terminate this Lease and shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom, except to the extent due to Landlord's active negligence or willful misconduct. Tenant waives the provisions of California Civil Code Sections 1941 and 1942 concerning the Landlord's obligation of tenantability and Tenant's right to make repairs and deduct the cost of such repairs from the rent. Landlord shall not be liable for a loss of or injury to person or property, however occurring, through or in connection with or incidental to furnishing, or its failure to furnish, any of the foregoing.
Waiver of Liability. Parent/Guardian and Queen/Court shall indemnify, absolve, hold harmless and forever discharge Xxxxxxx Old Fashioned Days, Inc., including its officers, directors, members, successors, sponsors, volunteers, organizers, vendors, representatives, and contractors, of and from any and all claims, demands, debts, expenses, causes of action, lawsuits, damages, injuries, and liabilities of every kind and nature, whether known or unknown, in law or equity, that ever arise from, or are in any way related to, participation of Queen/Court in any of the events set forth by the Xxxxxxx Old Fashioned Days Board, or any acts, omissions, negligence, or misconduct. The signature of Parent/Guardian and Queen/Court shall constitute an understanding of potential liability and risk of participation and an agreement to assume responsibility for all liability and risk, including but not limited to: loss, damage, injury, or death. This waiver of liability shall extend to all governmental and public entities, including but not limited to the state, county, and local municipalities, where Queen/Court appearances and events may take place. Parent/Guardian and Queen/Court have the right to consult with an attorney regarding this waiver of liability/contract, but are otherwise aware that participation requires their voluntary signatures, acknowledging and agreeing to both the waiver and the contract, in which it is contained. XXXXXXX OLD FASHIONED DAYS QUEEN/COURT & PARENT/GUARDIAN CONTRACT Signature Page The signature of Contestant and Parent/Guardian is required, regardless of whether contestant is a minor, due to the extent of the expectations outlined in the foregoing contract for both parties. I have read and completely reviewed all sections of the Xxxxxxx Old Fashioned Days Queen/Court & Parent/Guardian Contract, giving careful consideration of the requirements, responsibilities, prohibitions and penalties, and the Media & Publication Release and Waiver of Liability it contains. My signature below certifies that I understand and accept the terms and conditions and agree to abide by them. Additionally, my Parent/Guardian signature authorizes my daughter to participate in Xxxxxxx Old Fashioned Days Festival events, and other appearances and local festival events within Xxxxxxxx, Xxxx, and Ionia Counties, as set forth by the SOFD Board if she earns the honor of Queen/Court. Contestant Date Parent/Guardian Date MSSP Director Chairman or Designated SOFD Board Member
