Common use of Waiver and Indemnity Clause in Contracts

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. 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 STUDENTRESIDENT, OR THOSE CLAIMING THROUGH OR UNDER THE STUDENTRESIDENT, 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 APARTMENTSHALLS, AND THE STUDENT RESIDENT SHALL INDEMNIFY THE UNIVERSITY AND HOLD IT HARMLESS FROM ANY SUCH CLAIM OR DAMAGE.