Common use of Waiver and Indemnity Clause in Contracts

Waiver and Indemnity. 17.1 BY USING THE vSTORE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HYBRID SOLUTIONS, 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 vSTORE, OR ANY ACTION TAKEN BY HYBRID SOLUTIONS 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 SUE OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’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. 17.1 BY USING THE vSTORESERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, AGREE TO INDEMNIFY AND HOLD HYBRID SOLUTIONSCINEMA LIBRE STUDIO, 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 vSTORESERVICE, OR ANY ACTION TAKEN BY HYBRID SOLUTIONS CINEMA LIBRE STUDIO 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 SUE XXX OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONSCINEMA LIBRE STUDIO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTORESERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’S CINEMA LIBRE STUDIO '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. 17.1 BY USING THE vSTOREDebtor understands and agrees that its obligations hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, YOU AGREEdamage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding. DEBTOR HEREBY AGREES TO THE EXTENT PERMITTED BY LAWRELEASE, TO INDEMNIFY DEFEND, INDEMNIFY, AND HOLD HYBRID SOLUTIONSHARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AGENTS AND LICENSORS HARMLESS WITH RESPECT TO ASSIGNS FROM AND AGAINST ANY CLAIMS ARISING OUT OF YOUR DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF THIS AGREEMENTCONTRACT, YOUR USE BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE vSTOREDESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY ACTION TAKEN COLLATERAL. FURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY HYBRID SOLUTIONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT COMPANY OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATESAGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTOREINDIRECT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’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 AGREEMENTCONSEQUENTIAL DAMAGES.

Waiver and Indemnity. 17.1 BY USING THE vSTOREDebtor understands and agrees that its obligations -------------------- hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, YOU AGREEdamage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding. DEBTOR HEREBY AGREES TO THE EXTENT PERMITTED BY LAWRELEASE, TO DEFEND, INDEMNIFY AND HOLD HYBRID SOLUTIONSHARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AGENTS AND LICENSORS HARMLESS WITH RESPECT TO ASSIGNS FROM AND AGAINST ANY CLAIMS ARISING OUT OF YOUR DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF THIS AGREEMENTCONTRACT, YOUR USE BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE vSTOREDESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY ACTION TAKEN COLLATERAL. FURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE AITORNEY'S FEES, INCURRED BY HYBRID SOLUTIONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT COMPANY OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATESAGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE INDIRECT OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’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 AGREEMENTCONSEQUENTIAL DAMAGES.

Waiver and Indemnity. 17.1 BY USING THE vSTORE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HYBRID SOLUTIONS, 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 vSTORE, OR ANY ACTION TAKEN BY HYBRID SOLUTIONS 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 SUE XXX OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR 5 | P a g e REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’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. 17.1 BY USING THE vSTOREDebtor understands and agrees that its obligations hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, YOU AGREEdamage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding. DEBTOR HEREBY AGREES TO THE EXTENT PERMITTED BY LAWRELEASE, TO DEFEND, INDEMNIFY AND HOLD HYBRID SOLUTIONSHARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AGENTS AND LICENSORS HARMLESS WITH RESPECT TO ASSIGNS FROM AND AGAINST ANY CLAIMS ARISING OUT OF YOUR DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF THIS AGREEMENTCONTRACT, YOUR USE BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE vSTOREDESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY ACTION TAKEN COLLATERAL. FURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY HYBRID SOLUTIONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT COMPANY OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATESAGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE INDIRECT OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE vSTORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’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 AGREEMENTCONSEQUENTIAL DAMAGES.

Waiver and Indemnity. 17.1 BY USING THE vSTORE, YOU AGREE, (i) EXCEPT TO THE EXTENT PERMITTED BY LAWOF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL HAVE ANY LIABILITY TO INDEMNIFY AND HOLD HYBRID SOLUTIONSTHE OTHER PARTY FOR ANY DAMAGE, ITS DIRECTORSLOSS, OFFICERSCOST, EMPLOYEESOR LIABILITY RESULTING FROM PERFORMING (OR FAILING TO PERFORM) PROJECT MANAGEMENT OR FROM THE PROVISION TO, AFFILIATESUSE OF, AGENTS, CONTRACTORSOR RELIANCE UPON INFORMATION TO OR FROM THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS MOU, AND LICENSORS HARMLESS THE PARTIES RELEASE EACH OTHER FOR ANY AND ALL DAMAGES, LOSSES, COSTS, AND LIABILITIES ARISING OUT OF, INCIDENT TO, OR RESULTING FROM SUCH PERFORMANCE OR FAILURE TO PERFORM, EVEN THOUGH CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, OR THE NEGLIGENCE WHETHER SOLE, JOINT, OR CONCURRENT, STRICT LIABILITY, OR OTHER LEGAL FAULT OF THE OTHER PARTY. FOR THE PURPOSE OF THIS SECTION, “PROJECT MANAGEMENT” MEANS PROJECT OVERSIGHT, GUIDANCE, AND DECISION RIGHTS, ENGINEERING AND CONSTRUCTION CONTRACTOR OVERSIGHT, TECHNICAL SUPPORT, DESIGN AND REVIEW ACTIVITIES FOR ENGINEERING, XXXXX, AND SUBSURFACE WITH RESPECT TO UPSTREAM, BRINE PROCESSING, BROMINE, LITHIUM, AND COMMON FACILITIES. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT SUPERCEDE OR MODIFY ANY CLAIMS ARISING OUT OF YOUR BREACH OTHER PROVISION OF THIS MOU OR THE BRINE UNIT OPERATING AGREEMENT, YOUR USE OF THE vSTOREINCLUDING WITHOUT LIMITATION SECTION V.A THEREOF, OR ANY ACTION TAKEN BY HYBRID SOLUTIONS 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 SUE OR RECOVER ANY DAMAGES FROM HYBRID SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS WITH RESPECT TO THE vSTORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION LIABILITY OF A SUSPECTED VIOLATION OR AS A RESULT OF HYBRID SOLUTIONS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER OPERATOR FOR CARRYING OUT ITS DUTIES AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENTACTIVITIES THEREUNDER.