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. 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. 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) Sublandlord shall not be liable to Subtenant and Subtenant hereby waives all claims against Sublandlord for any loss, injury, or other damage to person or property in or about the Subleased Premises or the Building from any cause whatsoever, including without limitation, water leakage of any character from any walls, basement or other portion of the Subleased Premises or the Building, or gas, fire, explosion or other electricity within the Subleased Premises or the Building or acts of other tenants of the Building: provided, however, that the foregoing waiver shall be inapplicable to any loss, injury or damage resulting from the gross negligence or willful or criminal misconduct of Sublandlord or Sublandlord’s breach of any covenant hereunder. Subtenant expressly assumes all responsibility for security, in, on or about the Subleased Premises, and Sublandlord shall not be liable for any damage to goods, wares, merchandise or other property located in the Subleased Premises, or injury or death to Subtenant’s employees, invitees, customers or any other person in or about the Subleased Premises. The foregoing waiver includes criminal acts of third parties.
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. Except as otherwise provided herein or in any agreement entered into with the Company or any of its Subsidiaries and to the maximum extent permitted by the Act, no present or former Manager or officer of the Company, nor any such Person’s Affiliates, officers, directors, employees, agents, lawyers, accountants or representatives, shall be liable to the Company or to any Member for any act or omission performed or omitted by such Person in its capacity as Manager or officer; provided that, except as otherwise provided herein, such limitation of liability shall not apply to the extent the act or omission was attributable to such Person’s willful misconduct or knowing violation of law as determined by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); and provided further that, such limitation of liability will not apply to any claims Members may have under United States securities laws or the rules and regulations thereunder with respect to the Manager’s or the Company’s compliance with any such United States securities laws or the rules and regulations thereunder. The Manager and each officer of the Company shall be entitled to rely upon the advice of legal counsel, independent public accountants and other experts, including financial advisors, and any act of or failure to act by such person in good faith reliance on such advice shall in no event subject such Person or any of such Person’s Affiliates, employees, officers, directors, agents, lawyers, accountants or representatives to liability to the Company or any Member.
Waiver of Liability. In consideration of permission for any children in my care to participate in Monkey Joe’s activities, or for my observation of children in the care of other adults, as applicable, today and on all future dates, I, the undersigned, on behalf of myself, my spouse, heirs, children, executors, administrators, personal or legal representatives, successors and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to xxx and discharge the Protected Parties from any and all claims, demands, actions, damages, liability, cost or expense, of every name and nature, including attorneys’ fees, which are related to or arise out of or are in any way connected to the participation or use by me or any children in my care of the equipment or facilities made available at Monkey Joe’s, or my participation or that of any children in my care in any activities while on the Monkey Joe’s premises, including, but not limited to, those arising from the ordinary negligence of the Protected Parties (this should not be construed to waive claims of gross negligence, reckless conduct, willful/wanton conduct, or intentional acts). I specifically understand that I am releasing, discharging and waiving any claims or actions that the Releasing Parties may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of TMA Play MO, Inc., on my own behalf and on behalf of the other Releasing Parties, including any children in my care. This agreement applies to 1) personal injury (including wrongful death, loss of services, disability and/or death) to my children, to myself, or to my spouse from incidents or illnesses arising directly or indirectly from my children’s participation in Monkey Joe’s activities, including, but not limited to: parties, special events, and recreational play; while as a participant, observer or spectator; and individual use of all facilities, and to 2) any and all claims resulting from the damage to, loss of, or theft of property. This agreement applies to all facilities, equipment, and all other venues or premises including the associated sidewalks, restrooms, party rooms, and parking lots owned and/or operated by TMA Play MO, Inc. Indemnification: I, the undersigned, also agree to hold harmless, defend, and indemnify Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, and related expenses) from any and all cl...
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. To the extent authorized by law, I, individually, and on behalf of my heirs, executors, administrators, personal representatives, successors and assigns, hereby release, forever discharge and agree not to xxx NSHE and UNR and their officers, employees, agents, volunteers and representatives, from any and all liability, loss, claims, demands, causes of actions (known or unknown), suits, judgments, cost, expense or attorneys’ fees, including, but not limited to, those arising from injury, loss or damage to my person or property, which arise out of, occur during, or are in any way the result of or connected with my participation in the Activity, REGARDLESS OF WHETHER THE INJURY, LOSS OR DAMAGE IS CAUSED BY NSHE OR UNR, UNLESS THE INJURY, LOSS OR DAMAGE IS CAUSED BY NSHE OR UNR’S NEGLIGENCE OR INTENTIONAL ACTS, AND REGARDLESS OF WHETHER THE INJURY, LOSS OR DAMAGE OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE PREMISES WHERE THE ACTIVITY OCCURS OR IS BEING CONDUCTED. I further agree that NSHE and UNR are not in any way responsible for any injury or damage that I sustain as a result of my own acts.