Assumption of Risk and Indemnity. CLIENT, FOR CLIENT AND CLIENT’S GUESTS, INVITEES, AGENTS, PERFORMERS, CONTRACTORS, AND VENDORS (COLLECTIVELY “CLIENT’S GUESTS”), ASSUMES ALL RISK OF PERSONAL INJURY TO, OR FOR ANY DAMAGE TO OR ANY LOSS OF PROPERTY OF, CLIENT OR CLIENT’S GUESTS, ARISING OUT OF, DURING OR RELATED TO THEIR USE OF THE SERVICES, THE VENUE. NEITHER PADRES NOR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, PADRES GP, LLC, PADRES, L.P., AS WELL AS IQHQ TRS EVE, LP, AND CBRE, SHALL BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF CLIENT OR CLIENT’S GUESTS IN, ABOUT OR AROUND THE VENUE OR RaDD, RESULTING FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS, DAMAGE OR INJURY IS DUE TO PADRES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Client shall indemnify, defend and hold harmless Padres, all entities affiliated with Padres (“Affiliate”), including, without limitation, Padres GP, LLC, Padres, L.P., IQHQ TRS EVE, LP and CBRE and each of their respective members, partners, officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, liabilities, losses, damages, costs and expenses arising out of or incident to or in connection with: (a) Client’s or Client’s officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD any part thereof; (b) Client’s Guests or Client’s Guest’s respective officers, directors, employees, agents or vendors, actions, omissions to act, negligence, breach of any covenant contained in this Contract, or use or occupancy of the Venue or RaDD any part thereof; or (c) Client’s or Client’s Guests’ failure to comply with any applicable law, rule, regulation, directive or order in respect of: (i) the activities to be conducted by Client or Client’s Guests in connection with the Event; or (ii) the general use of the Venue or RaDD or The Shell, including without limitation, hazardous material laws or laws concerning access by the disabled. All of the foregoing shall apply regardless of the fact that Padres may have provided the security personnel during the Event. The foregoing indemnity shall not apply to any claims, demands, liabilities, losses, damages, costs and expenses due to the gross negligence or willful misconduct of the Indemnitees, or any of them. The attorneys selected to defend Padres and such other Indemnitees shall be subject to the Indemnitees’ ...
Assumption of Risk and Indemnity. Each Party will, at its own expense, defend and save harmless the other Party and its Affiliates from and against any claims, demands, actions, causes of action, damage, loss, costs, liability or expense which may be made or brought against the Party or which the Party may suffer or incur as a result of or in connection with: (a) any default, breach or alleged default or breach of the other Party's obligations and covenants under this Agreement; or (b) any act or omission on the part of the other Party.
Assumption of Risk and Indemnity. Customer specifically understands, acknowledges and agrees that any and all providing of, access to and/or use of the terminal facility and/or terminal services of Operator by or on behalf of Customer shall be at Customer's sole risk and expense. Aside from loss/damage to the goods themselves, as addressed in section 20, above, and elsewhere herein, Customer assumes sole responsibility for, and agrees to indemnify and hold Operator harmless from and against (including legal fees and costs), all other loss, damage, expense, claim, liability, suit, fine and/or penalty of any type or nature whatsoever which in any way arises out of and/or relates to any providing of, access to and/or use of the terminal facility and/or terminal services of Operator by or on behalf of Customer, including, without limitation, those respecting any loss/damage to the property of Operator, Customer or any other as well as those respecting the personal injury, illness and/or death claims of any person, including without limitation of any agent, employee, representative, guest, invitee, vendor and/or subcontractor of Operator, Customer or any other, howsoever caused and even if resulting in whole or part from the negligence (active or passive) or other legal fault of Operator. In furtherance of the foregoing, Customer shall waive any immunity from suit, exclusivity of remedy and limitation upon liability which would have otherwise been afforded pursuant to any workers compensation act or similar law.
Assumption of Risk and Indemnity. This Rental Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. If any provision or part of a provision of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party. This Rental Agreement shall be governed by and construed under the laws of the State of South Carolina. In the event Rental Company prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify Rental Company for its litigation expenses, including reasonable legal fees and court costs. I have read the terms of this Rental Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Xxx, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use of Rental Company’s watercraft and equipment. I enter into this Rental Agreement freely and voluntarily without any inducement.
Assumption of Risk and Indemnity. Lessee agrees to assume the risk of all injuries, including death, resulting directly or indirectly, wholly or in part, from the performance or omission of any work or obligations undertaken or required by this lease agreement, or the occupation and possession of the Property, and to indemnify, defend and hold harmless the Lessor from and against any and all liability arising therefrom, including liability arising in whole or in part from negligence or breach of duty, statutory or otherwise, on the part of Lessor, its agents, servants, and employees, and including all expense, legal or otherwise, incurred by Lessor in the investigation and defense of any claim or suit.
Assumption of Risk and Indemnity. REGARDLESS OF SECTION 8, CUSTOMER WILL BE LIABLE FOR ALL RESULTING LOSS OR DAMAGE AND EXPENSE OF LESSOR IF IT RESULTS FORM ANY INTENTIONAL ACT OR OMISSION OR THE NEGLIGENCE OF CUSTOMER. Customer and any Authorized Operators hereby assume all risk of loss or damage and waive all claims against Lessor by reason of any property left, stored, loaded or transported by Customer or any other person in or upon the Equipment, and further agree to indemnify and hold harmless Lessor, their affiliated companies, and their respective officers, directors, agents and employees (collectively, "Indemnitees"), from and against all loss, liability, claim, action or expense, arising out of such loss or damage.
Assumption of Risk and Indemnity. RELEASE: The undersigned is the parent or legal guardian of the minor camper, identified above. In consideration for Little Learners providing to the camper identified above a camp Experience at Camp Calabasas, I HEREBY, ON MY OWN BEHALF AND ON BEHALF OF THE CAMPER, RELEASE AND DISCHARGE LITTLE LEARNERS, LLC, THE OWNER AND OPERATOR OF CAMP, AND THE CITY OF CALABASAS AND BOTH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AGENTS (called herein the “Releasees”) FOR AND FROM ANY AND ALL CLAIMS ARISING OUT OF THE CAMPER’S PARTICIPATION IN THE CAMP, INCLUDING CLAIMS ARISING OUT OF THE NEGLIGENCE OF THE RE- LEASEES OR ANY OTHER CAMPER THAT CAUSES, OR IS CLAIMED TO CAUSE, INJURY OR DEATH TO THE CAMPER IDENTIFIED ABOVE, PROPERTY DAMAGE, OR OTHER DAMAGES. I ALSO PROMISE NOT TO SUE ANY OF THE RE- LEASEES FOR ANY OF THE CLAIMS BEING RELEASED.
Assumption of Risk and Indemnity. Buyer assumes entire responsibility for any claims or actions based on or arising out of injuries, including death, to persons or damage to or destruction of property (whether belonging to Buyer, building owner(s), and/or any third party), sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance hereof by Buyer, its agents and employees, and its subcontractors, their agents and employees, including claims or actions based in whole or in part upon the alleged negligence or fault of Seller, Seller’s representatives, or the employees, agents, invitees, or licensees thereof. Xxxxx further agrees to defend, indemnify and hold harmless Seller and representatives, and the employees, agents invitees and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against Seller, Xxxxxx’s representative, and the employees, agents, invitees and licensees thereof. Xxxxx further agrees, warrants and acknowledges that it is aware that Manufacturer must indemnify and hold harmless Buyer against loss, including court costs and other reasonable expenses, reasonable attorney’s fees, and any reasonable damages, arising out of a products liability action, except for any loss caused by Buyer’s negligence, intentional conduct or other act or omission, such as negligently modifying or altering the product, for which Buyer is independently liable, and Xxxxx knowingly, intentionally and voluntarily waives, disclaims, relinquishes and forever releases Seller from any and all of its obligations to indemnify and hold harmless Buyer against any loss arising out of a products liability action.
Assumption of Risk and Indemnity. Licensee expressly assumes all risks associated with entering on and using the Property in accordance with this Agreement. Licensee agrees to defend, indemnify, and hold Licensor harmless for any and all claims, damages, judgments, costs, and expenses arising out of or in connection with Licensee’s exercise of its rights under this Agreement, including any claim upon injury or death to any person including any employee, agent, contractor or subcontractor of Licensor.
Assumption of Risk and Indemnity. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company’s property during the winter months because of the high risk of avalanche danger and other adverse weather related conditions. Company specifically assumes all of such risks, along with all other risks for all work performed pursuant to this Agreement and such collateral matters thereto including but not limited to all matters regarding Company’s use, maintenance, and repair of the Roads. In addition, Company shall save, hold harmless, defend and indemnify the County, its officers, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney’s fees and costs, on account of bodily injury, death, lack of public or private access including recreational access or otherwise, or property damage of any nature whatsoever, and by whomsoever made, arising from or asserted to arise from, in whole or in part, out of the activities of Company, including its officers, employees, agents, representatives, contractors, guests, and invitees, under the terms of this Agreement and to the extent permissible under C.R.S. § 13-50.5-102(8).
