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.
WAIVER AND INDEMNITY. WITH THE EXCEPTION OF THOSE CLAIMS ARISING OUT OF THE UNIVERSITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE UNIVERSITY SHALL NOT BE LIABLE TO THE STUDENT, OR THOSE CLAIMING THROUGH OR UNDER THE STUDENT, FOR INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY ACTS OF NATURE, FIRE, WATER, SMOKE, UTILITY OR EQUIPMENT MALFUNCTIONS, OR CAUSED BY THE NEGLIGENT CONDUCT OR ACTS OF ANY OTHER PERSON OCCURRING IN, ON OR ABOUT THE RESIDENCE HALLS OR APARTMENTS, AND THE STUDENT SHALL INDEMNIFY THE UNIVERSITY AND HOLD IT HARMLESS FROM ANY SUCH CLAIM OR DAMAGE.
WAIVER AND INDEMNITY. PURCHASER HEREBY AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS SELLER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF PURCHASER OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE DESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY UNIT. FURTHER, PURCHASER AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY SELLER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO CONDITION OR CAUSE OF ACTION SHALL SELLER BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
WAIVER AND INDEMNITY. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective partners, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the P...
WAIVER AND INDEMNITY. Acknowledgement of risk — I acknowledge that participating in SkullSpace and using its premises (the “Hackerspace”) carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another. The risks include, but are not limited to 1) minor injuries such as scratches, xxxxx, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, dismemberment, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. Voluntary assumption of risk — I have read the previous paragraph and I understand and appreciate these and other risks that are inherent in my participation in SkullSpace and in my use of the Hackerspace. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. Waiver — I hereby agree to waive, and to release and discharge SkullSpace and its board of directors ("the board") from, any and all claims for any loss or personal injury that might arise from my participation in SkullSpace or my use of the Hackerspace. I agree not to sue SkullSpace or any members of the board or former members of the board in respect of any such claim. Indemnity — I also agree to indemnify and hold SkullSpace and the board harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of my involvement in SkullSpace or my use of the Hackerspace, and to reimburse them for any such expenses incurred. Liability for deductible amount under insurance claim Liability for deductible under insurance claim — If • I am responsible for any loss or injury to any person as a result of my participation in SkullSpace or the use of the Hackerspace by me or any guest of mine, and • the loss or injury results in a claim under an insurance policy held by SkullSpace, I acknowledge that I am expected to pay SkullSpace, upon demand by the board, or by an officer of SkullSpace as authorized by the board, the amount of the deductible under the insurance policy. Failure to do so is cause for suspension or revocation of my membership. Confidentiality Confidentiality agreement — I hereby agree not to disclose to any person other than another member of SkullSpace, any personal information obtained by me as a member of SkullSpace about another member or any financial information disclosed to me as a member of SkullSpace, unl...
WAIVER AND INDEMNITY. With the exception of those claims arising out of UNT’s gross negligence or willful misconduct, UNT shall not be liable to Student or Guarantor, or those claiming through or under Student, for injury, death or property damage caused by acts of nature, fire, water, smoke, utility or equipment malfunctions, or caused by the negligent conduct or acts of any other person occurring in on or about the residence halls, and Student shall indemnify and hold UNT harmless from any such claim or damage.
WAIVER AND INDEMNITY. Sponsor waives any and all claims against Affiliate in relation to use of Sponsor’s IP. Sponsor also agrees to indemnify, defend, and hold Affiliate harmless in relation to any damage, loss or liability arising from the subject matter of this Agreement.
WAIVER AND INDEMNITY. BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD SOUNDMACHINE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY SOUNDMACHINE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT XXX OR RECOVER ANY DAMAGES FROM SOUNDMACHINE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SOUNDMACHINE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
WAIVER AND INDEMNITY. 12.1 The Company shall make no claim or demand on behalf of himself, his employees or agents against the Consultant, its directors, officers, employees or its agents, for any injury; including injury resulting in death, or for loss or damage to property, sustained or suffered by the Company, its agents or employees or any other person, firm or corporation which is based upon or arises out of or is in any way connected with this Agreement, and hereby waives as against the consultant its directors, employees and agents all such claims or demands.
WAIVER AND INDEMNITY. The Customer shall waive any claim the Customer may have against the SJPA, its directors, officers, employees, servants or agents, in contract or tort, in respect of the occurrence at any time of any loss of or damage to any property of the Customer, or any other loss or damage that arises from or relates to the use of the rented equipment or otherwise in respect of this Agreement and shall indemnify the SJPA, its directors, officers, employees, servants or agents from and against all claims, actions (whether in contract or tort), damages, judgments, fines, interest, and costs arising out of, accruing from, or connected with the occurrence at any time of any loss of life, personal injury, loss of or damage to property, loss of use of or access to property, loss of profit, loss of service, or any other loss, injury or damage whatsoever, that is caused in whole or in part by or relates to the use of the rented equipment, or any act or omission of the Customer in respect of this Agreement.
