Assumption of Risk and Liability. The Renter accepts and assumes all risks of personal injury, property damage, or loss of personal property, and any liability associated therewith, arising from or in any way related to the Renters use of the facilities.
Assumption of Risk and Liability. Borrower hereby assumes all risk of the acts or omissions of any holder of a Letter of Credit, and any beneficiary or transferee of a Letter of Credit with respect to its use of a Letter of Credit. Neither Lender nor any of its employees, officers, directors, agents or representatives shall be liable or responsible for:
(a) the use which may be made of a Letter of Credit or for any acts or omissions of Lender in connection therewith;
(b) the validity, sufficiency or genuineness of documents, or of any endorsements thereon, whether submitted in connection with a drawing under a Letter of Credit, or otherwise, even if such documents or endorsements should in fact prove to be in any or all respects invalid, insufficient, fraudulent, forged, inaccurate or untrue;
(c) payment by Lender against presentation of documents which do not strictly comply with the terms of a Letter of Credit, including failure of any such documents to bear reference or adequate reference to a Letter of Credit or the failure of any holder or beneficiary of a Letter of Credit to comply fully with conditions required in order to obtain honor of a drawing under a Letter of Credit;
(d) the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason;
(e) omissions, interruptions, losses or delays in transmission or delivery of any messages by mail, cable, telegraph, telex, telephone, facsimile transmission or otherwise;
(f) any loss or delay in the transmission of any document or draft required in order to make a drawing under a Letter of Credit; or
(g) any other circumstances whatsoever in making or failing to make payment under a Letter of Credit.
Assumption of Risk and Liability. THE LICENSEE, FOR ITSELF AND FOR EACH OF ITS SUB-LICENSEES, HEREBY ASSUMES ALL RISKS ASSOCIATED WITH, AND/OR ARISING FROM, THE LICENSEE'S, OR ITS SUB-LICENSEES, USE OF PRIMECARE V9. THE LICENSEE, FOR ITSELF AND FOR EACH OF ITS SUB-LICENSEES, HEREBY RELEASES AND INDEMNIFIES LICENSOR, ITS AGENTS, DEALERS, OFFICERS, DIRECTORS, EMPLOYEES AND MEDICAL STAFF CONSULTANTS FROM ANY AND ALL LIABILITY, AND SHALL REIMBURSE LICENSOR, ITS AGENTS, DEALERS, EMPLOYEES AND CONSULTANTS ON DEMAND, FOR ANY, AND ALL, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) WHICH LICENSOR, ITS AGENTS, DEALERS, OFFICERS, DIRECTORS, EMPLOYEES AND MEDICAL STAFF CONSULTANTS MAY INCUR, AS THE RESULT OF ANY CLAIMS ASSOCIATED WITH, AND/OR ARISING FROM, EITHER THE USE BY LICENSEE OR A USER OF PRIMECARE V9 OR FROM THE ENFORCEMENT OF THIS AGREEMENT. LICENSEE FOR ITSELF AND FOR EACH OF ITS SUB-LICENSEES, AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN SIX (6) MONTHS AFTER LICENSEE KNEW OR SHOULD HAVE KNOWN OF THE OCCURRENCE OF THE EVENTS WHICH GAVE RISE TO THE CAUSE OF ACTION. LICENSEE, FOR ITSELF, FOR EACH OF ITS SUB-LICENSEES OR USER UNDERSTAND AND AGREE THAT THE LIMITATION OF THE LIABILITY OF LICENSOR, ITS AGENTS, DEALERS, OFFICERS, DIRECTORS, EMPLOYEES AND MEDICAL STAFF CONSULTANTS, STATED ABOVE, REPRESENTS A DELIBERATE ALLOCATION OF RISK WHICH AFFECTS THE PRICE OF PRIMECARE V9. WITHOUT THIS EXCULPATION OF LIABILITY THE PRICE CHARGED BY LICENSOR WOULD NECESSARILY BE MUCH GREATER. BY THE USE OF PRIMECARE V9, LICENSEE AND EACH USER EXPRESSLY ACCEPTS THE ABOVE DISCLAIMERS OF LIABILITY.
Assumption of Risk and Liability. Developer shall assume sole and complete risk and liability for the development of the Project during the Development Period. Developer shall indemnify, defend, and hold harmless HHFDC, DLNR, the State of Hawaii, and their officers, employees, directors, agents, representatives, officials, successors or assigns from and against any and all liability, loss, damage (including foreseeable or unforeseeable consequential damages), cost, and expense, including attorneys’ fees, and all claims, suits, and demands therefore, relating to, arising out of, or resulting from directly or indirectly: (a) the acts or omissions of the Developer or its employees, officers, agents, or subcontractors; (b) the design, construction, repair, renovation, or defects of the Project or Property and/or lease, use, occupation, or operation and management of the Project or Property; and/or (c) the enforcement of this Agreement (whether or not suit is brought therefore). This provision shall survive the expiration or earlier termination of this Agreement, notwithstanding any other provision to the contrary.
Assumption of Risk and Liability. The Student expressly agree and promises to accept and assume all the risks existing in or directly or indirectly related to these activities. The Student’s participation in these activities is purely voluntary and the Student elects to participate despite the risks. The Student assumes the risks of all these activities fully and release La Rouge, its owners, employees, instructors, contractors and associated persons from all legal liability of any nature whatsoever and howsoever arising.
Assumption of Risk and Liability. The County has not made and does not herein make any representation as to the present or future condition of the County Roads, bridges or auto gates, and The Agent assumes all risks of damage to property of or injury to, The Agent, or anyone acting under its authority pursuant to this Agreement. The Agent will not be responsible or liable for any accident, injury, tort, or other theory of liability to any third party by virtue of this Agreement, except insofar as a claim shall be based upon an act or omission of The Agent, its employees, or contractors. The Agent agrees and covenants to indemnify, defend, and hold the County harmless from and against any loss, damage, costs, charges, liability, claims, demands, or judgments (collectively, the “Claims”), whether to persons or property, directly arising as a result of The Agent ’s, or anyone acting under The Agent ’s authority, exercise of its rights under this Agreement, except to the extent that such Claims result from the apparent negligence, recklessness, or willful misconduct of the County or anyone acting on the County’s behalf. In case any Claims shall be brought against the County directly as a result of The Agent, or anyone acting under The Agent ’s authority, exercise of its rights under this Agreement, The Agent agrees and covenants to pay all costs, charges, reasonable attorney fees, and other expenses and any and all judgments that may be incurred by or obtained against the County, including all such costs incurred by the County to enforce this provision, except to the extent that such Claims result from the apparent negligence, recklessness, or willful misconduct of the County or anyone acting on the County’s behalf. The Agent shall maintain Public Liability and Property Damage Insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, and shall provide proof of said coverage to the County upon execution of this Agreement and then annually until this agreement is terminated. No third party beneficiary may claim or assert any benefit or right, either directly or indirectly, by or through this Agreement. The County hereby acknowledges that this Agreement does not alter or in any way otherwise shift responsibility from the County to The Agent for performing Routine Maintenance on, and ensuring the safety of, County Roads.
Assumption of Risk and Liability. I am aware that engaging in the Loop 1910 Beautification Program involves certain risks, dangers, and hazards, including but not limited to picking up dangerous debris, encounters with wild animals, and moving traffic. I the participant supervisor agree to oversee and be held liable for the safety of any and all participants involved in the event, including personal injury, death, property, damage or loss resulting therefrom.
Assumption of Risk and Liability. I AGREE TO ASSUME ALL RISKS ARISING OUT OF THE RENTAL AND THOSE SURROUNDING AND AFFECTED BY THE RENTAL EQUIPMENT DURING MY RENTAL, WHETHER RISKS LISTED OR NOT, EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED HEREIN. MY PARTICIPATION IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF, OTHER KNOWN AND UNKNOWN ADULTS ACCESSING OR IN CONTACT WITH MY RENTAL EQUIPMENT DURING MY RENTAL, OR MY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN, OR OTHERWISE LEGALLY RESPONSIBLE MINORS IN MY TEMPORARY CARE, MINORS IN MY IMMEDIATE SUPERVISION, TO INCLUDE THOSE ADULTS AND MINORS ON OR AROUND THE RENTAL EQUIPMENT DURING MY RENTAL, WHETHER INVITED, UNINVITED, OR ACCIDENTAL, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY OR LOSS OF INCOME, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW, TO THE FULLEST EXTENT OF THE LAW. MAINE SLINGSHOT RENTALS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AS TO THE SAFETY, DRIVABILITY, QUALITY, OR MANUFACTURING AND IS PROVIDING THE EQUIPMENT "AS IS" WITH ALL FAULTS. THIS IS A DANGEROUS ACTIVITY AND CAN RESULT IN INJURIES THAT CAN BE FINANCIALLY DEVASTATING. IT IS MY INTENTION TO GIVE UP IMPORTANT LEGAL RIGHTS IN GOOD FAITH TO RELEASE MAINE SLINGSHOT RENTALS LLC OF ANY LEGAL RESPONSIBILITY IN RELATION TO MY RENTAL. Init. Init. INDEMNITY/ RELEASEES: AND THEREFORE THE UNDERSIGNED CUSTOMER ACKNOWLEDGES AFOREMENTIONED AND DOES AGREE TO INDEMNITY AND SAVE AND HOLD HARMLESS THE RELEASEES LISTED HERE TO FOREVER RELEASE AND DISCHARGE MAINE BOAT RENTAL LLC, THEIR PRINCIPALS, MANAGERS AND MEMBERS, THEIR INSURERS AND EACH AND EVERY LAND OWNER, MUNICIPALITY AND/OR GOVERNMENT AGENCY UPON WHOSE PROPERTY AN ACTIVITY IS CONDUCTED, RELATED FAMILY, HEIRS, AND PERSONS ON ITS BEHALF LIABLE AND CONNECTED TO THE RENTAL IN ANY MANOR INCLUDING MECHANICAL SERVICING, FROM ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGE, ACTIONS OR COST OF ANY NATURE THAT MAY ARISE OUT OF RENTAL, RENTER’S POSSESSION, USE, TRANSPORT, OR PARTICIPATION IN ANY WATERSPORTS, ACTIONS AND CAUSES ARISING FROM OR CONSEQUENTLY RESULTING FROM USE OF RENTED WATERCRAFT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE INCLUDING ACTS OF GOD. CUSTOMER AGREES TO INDEMNIFY RELEASEES IN ANY AND ALL LEGAL ACTIONS THAT MAY GROW FROM THIS VOLUNTARY RENTAL AND PAY ALL ATTORNEY COSTS AND COURT COSTS IF RELEASEES ARE CAUSED TO DEFEND ITSELF AND/OR PURSUE COLLECTION. Init. In...
Assumption of Risk and Liability. The undersigned accepts and assumes all risks of personal injury or loss of personal property, and any liability associated therewith, arising from or in any way related to the undersigned’s use of the Facilities including, but not limited to, any liability and/or damages arising from the production, manufacture, or sale of food products prepared, stored, or in any way connected to the Facilities; requirements for certification, licensure or inspection requirements including any improvements, corrections, repairs, fines or damages arising from said certifications, licensure or inspections.
Assumption of Risk and Liability. In the performance of this contract, if the research and development partially or completely fail due to technical difficulties that cannot be overcome with the current level of technology and conditions, both parties shall reasonably assume the risks and liabilities in accordance with their respective inputs of manpower, material resources, and financial resources.
