Assumption of Risk and Waiver. Volunteer acknowledges and agrees that he or she is participating in all volunteer activities of his or her own free will and assumes all risks, losses, and hazards, known and unknown, that are associated with such activities. Volunteer, on behalf of him or herself and his or her heirs, releases and waives the County and its officials, employees, agents, and representatives from all claims, damages, and injuries arising out of my volunteer activities. Page2 Approved County Attorney – June 2022
Assumption of Risk and Waiver. THE ACCREDITED ORGANIZATION AND THE BEARER UNDERSTAND THAT XXXXXX’S PRESENCE IN THE STADIUM OR FACILITY INVOLVES CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH). THE ACCREDITED ORGANIZATION AND THE BEARER ALSO UNDERSTAND THAT NOVEL CORONAVIRUS SARS-COV-2 AND ANY RESULTING DISEASE (TOGETHER WITH ANY MUTATION, ADAPTATION OR VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE OR HAVE BEEN PRESENT. NO PRECAUTIONS, INCLUDING THE PROTOCOLS THAT WILL BE IMPLEMENTED FROM TIME TO TIME BY THE HOST CLUB, THE NATIONAL FOOTBAL LEAGUE AND/OR THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, FEDERAL AND STATE GOVERNMENTAL AGENCIES) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND/OR UNDERLYING MEDICAL CONDITIONS. EXPOSURE TO COVID-19 CAN RESULT IN BEING SUBJECT TO QUARANTINE REQUIREMENTS, ILLNESS, DISABILITY, OTHER SHORT- AND LONG-TERM HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION. BY ENTERING THE STADIUM OR FACILITY, THE BEARER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19. THE ACCREDITED ORGANIZATION AND THE BEARER VOLUNTARILY (i) ASSUME ALL RISKS, HAZARDS AND DANGERS incident to the Game or Event and related events, including, without limitation, the risk of personal injury (including, without limitation, death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused; (ii) agree that the NFL Entities have no responsibility for any equipment in use in the stadium or other facility; (iii) agree to waive any and all claims and potential claims (other than claims by bearer against their employer for workers’ compensation) related to the above risks, hazards and dangers; and (iv) agree to indemnify and hold harmless the NFL Entities from and against all liability, loss, damage or expense resulting from or arising out of the issuance of the credential card or the Bearer’s presence in the stadium or other facility, except to the extent such liability, loss, damage or expense arises out of the will...
Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property on the Subject Property. Licensee, on behalf of itself and its employees, officers, directors, agents, and anyone directly or indirectly employed by or for whose acts Licensee is liable (all of which are included in the term “Licensee” for the purposes of this provision only), as a material part of the consideration for the License Agreement, hereby waives all claims and demands against each Licensor, for any such loss, damage or injury of Licensee. In that connection, Licensee waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section shall survive the termination of this Right of Entry Agreement.
Assumption of Risk and Waiver. Tenant hereby assumes any and all risks involved with respect to the Tenant Work and hereby releases and discharges all Landlord parties from any and all liability or loss, damage or injury suffered or incurred by Tenant or third parties in any way arising out of or in connection with the Tenant Work. THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is entered into between DURHAM KTP TECH 7, LLC, a Delaware limited liability company (“Landlord”), and LIQUIDIA TECHNOLOGIES, INC., a Delaware corporation (“Tenant”), with reference to the following:
A. Technology VII-IX, LLC (predecessor-in-interest to Landlord) and Tenant entered into that certain Lease Agreement dated April 14, 2005, as amended by that certain Lease Modification Agreement No. 1 dated June 11, 2010, that certain Second Amendment to Lease dated September 10, 2012, that certain Third Amendment to Lease Agreement dated August 13, 2013, and that certain Fourth Amendment to Lease Agreement dated June 25, 2014 (as amended, the “Lease”), covering approximately 4,401 rentable square feet known as Suite 500 (the “Premises”) of Keystone Technology Park Building VII, 627 Xxxxx Drive, Durham, North Carolina (the “Building”).
B. Landlord assigned its interest in the Lease to GRE Keystone Technology Park One LLC (“GRE”). GRE assigned its interest in the Lease to LCFRE Keystone Technology Park, L.P. which subsequently assigned its interest in the Lease to Landlord.
C. Landlord and Tenant now desire to further amend the Lease as set forth below. Unless otherwise expressly provided in this Amendment, capitalized terms used in this Amendment shall have the same meanings as in the Lease. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
Assumption of Risk and Waiver. I acknowledge that participation in the Activities involves risk to the Minor and may result in various types of injury including, but not limited to, sickness, including possible exposure to and illness from infectious diseases such as Covid-19 (despite diligent hygiene measures and compliance with the law we cannot guarantee that infectious transmission will not occur), bodily injury, death, emotional injury, personal injury, property damage and financial damage. ON BEHALF OF THE MINOR, I VOLUNTARILY ASSUME ALL SUCH RISKS, INCLUDING RISKS KNOWN AND UNKNOWN, OF INJURIES AND/OR ILLNESSES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF PVBCC AND ITS AGENTS, EMPLOYEES, VOLUNTEERS, OFFICERS, DIRECTORS, MEMBERS, AND OTHER I HEREBY RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS, to the fullest extent permitted by law, Releasees, from any and all liability, claims, demands, costs, expenses and compensation arising out of or in any way related to any injury and/or illness or other damage that may result to Minor or to members of my family, household, or individuals I invite or for whom I am otherwise responsible while participating in or present at any of the Activities, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE. I hereby authorize PVBCC and its agents, employees, and volunteers, and the above identified emergency contact to consent to medical, surgical or dental examination and/or treatment, including, but not limited to, X-ray examination, anesthesia, injections, and hospitalization as deemed necessary. I authorize PVBCC and its agents, employees, and volunteers to give the Minor the following over-the-counter medications, and any other prescribed medication, as directed by the labels provided by the manufacturer: Analgesics (such as ibuprofen or acetaminophen), antihistamines (such as Sudafed, Benadryl), antibiotic ointment, hydrocortisone cream (such as Cortaid), electrolyte replacement fluids, antiseptic skin and wound cleansers, analgesic balms or gels, and sunscreens. I do not consent to the following medications being administered to Minor (if applicable): I hereby assign and grant Releasees the right and permission to use, display, and publish photographs, video, electronic representations, and sound recordings made of Minor during Activities, and I hereby RELEASE Releasees from any and all liability from such use and publication. I specifically WAIVE all rights to compensation and approval...
Assumption of Risk and Waiver. Alternative Member understands there are certain risks inherent in the fitness, exercise, recreational and other activities and programs conducted at Recreation Facilities, which risks Alternative Member assumes on behalf of themself or any Related Parties of Alternative Member. Alternative Member, on behalf of himself or herself and any Related Parties (if applicable), hereby covenants not to sue, and voluntarily agrees to waive, release, discharge, indemnify and hold harmless HRCA, its members, directors, officers, employees, volunteers, contractors, agents and representatives (the “Indemnified Parties”) from any and all causes of action, demands, claims, losses, or damages (including reasonable attorneys’ fees) of any nature whatsoever (collectively, “Claims”), including any claims or actions for negligence Alternative Member, his or her minor child or other Related Parties may now have or have in the future against Indemnified Parties on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to use of the Recreation Facilities by Alternative Member, his or her minor child, or other Related Parties, whether the use is supervised or unsupervised, however the injury is caused, including, but not limited to the negligence of any of the Indemnified Parties, the negligence of other participants, the negligence of third parties, accidents, breaches of contract, the forces of nature, or other causes. If Alternative Member, his or her minor child or any other Related Party or anyone on behalf of Alternative Member, his or her minor child or any other Related Party brings any Claim intended to be barred by the terms of this paragraph, including any claim barred by the foregoing waiver, release of liability, assumption of risk, indemnification or covenant not to sue, Alternative Member shall indemnify and hold harmless Indemnified Parties against such Claim and, in connection therewith, Alternative Member shall reimburse Indemnified Parties for the reasonable attorneys' fees and costs Indemnified Parties incur in defending against such Claims, including the reasonable attorneys' fees it incurs in presenting the defense of this release, regardless of the outcome of such Claim. Alternative Member's use of the Recreation Facilities is conditioned upon each person using the Recreation Facilities, whether Alternative Member, Related Party, Guests, or otherwise, executing an individual Waiver, Release of Liabil...
Assumption of Risk and Waiver. Tenant hereby assumes any and all risks involved with respect to the Tenant Improvements and hereby releases and discharges all Landlord Parties from any and all liability or loss, damage or injury suffered or incurred by Tenant or third parties in any way arising out of or in connection with the Tenant Improvements.
Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the [DESCRIPTION OF ACTIVITY], the Licensed Property, Licensor's property and any other property of, or under the control or custody of, Licensee, which is on or near the [DESCRIPTION OF ACTIVITY]. Licensee's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Licensed Property, accident or fire or other casualty on the Licensed Property, or electrical discharge, and noise or vibration resulting from Licensor's transit operations on or near the Licensed Property. The term "Licensor" as used in this section shall include: (i) any transit or rail-related company operating upon or over Licensor's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by Licensor. Licensee, on behalf of itself and its Personnel, as a material part of the consideration for this Agreement, hereby waives all claims and demands against Licensor for any such loss, damage or injury of Licensee and/or its Personnel. In that connection, Licensee waives, for itself and its Personnel, the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The provisions of this section and of Section 3.13 shall survive the termination of this Agreement. As used in this section, "Personnel" means the Licensee, or its officers, directors, affiliates, or anyone directly or indirectly employed by Licensee or for whose acts Licensee is liable.
Assumption of Risk and Waiver. Tenant hereby assumes all risks involved with respect to the Tenant Work and hereby releases and discharges all Landlord parties from any and
Assumption of Risk and Waiver. Unless caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors, Landlord shall not be liable to Tenant, Tenant’s employees, agents or invitees for: (i) any damage to property of Tenant, or of others, located in, on or about the Premises, (ii) the loss of or damage to any property of Tenant or of others by theft or otherwise, (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliance of plumbing works or from the roof, street or subsurface or from any other places or by dampness or by any other cause of whatsoever nature, or (iv) any such damage caused by others. Landlord shall in no event be liable to Tenant for any consequential damages or for loss of revenue or income and Tenant waives any and all claims for any such damages.
