Common use of Assumption of Risk and Waiver of Liability Clause in Contracts

Assumption of Risk and Waiver of Liability. Recipient and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (collectively, “Recipient Parties”) assume all risks associated with any foods as may be donated by Panda from time to time (collectively, “Food Products”), including matters of health and safety associated thereof. Recipient Parties do hereby release, waive, discharge, and covenant not to sue Panda, Panda Express, Inc., Panda Cares Foundation, and each of their respective present and former, direct and indirect, parents, subsidiaries, affiliates, directors, officers, shareholders, predecessors, successors, assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, and employees (including, without limitation, any company engaged for the preparation and delivery of the Food Products) (collectively, “Donor Parties”) from liability for each and every claim, action, suit, cause of action, damage (including consequential damages), demand, loss and expense, including but not limited to attorney’s fees and costs, that it has or might have, in any way arising out of or in connection with this Waiver for the Food Products except to the extent that any such liability cannot be released or waived under applicable federal, state or local law. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in replacement or substitution of, any legal protections offered by any “Good Samaritan” or other similar laws in any jurisdiction.

Assumption of Risk and Waiver of Liability. Recipient and its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (collectively, “Recipient Parties”) assume all risks associated with any foods as may be the Food Products donated by Panda from time to time (collectively, “Food Products”)under this Waiver, including matters of health and safety associated thereof. Recipient Parties do hereby release, waive, discharge, and covenant not to sue xxx Panda, Panda Express, Inc., Panda Cares Foundation, and each of their respective present and former, direct and indirect, parents, subsidiaries, affiliates, directors, officers, shareholders, predecessors, successors, assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, and employees (including, without limitation, any company engaged for the preparation and delivery of the Food Products) (collectively, “Donor Parties”) from liability for each and every claim, action, suit, cause of action, damage (including consequential damages), demand, loss and expense, including but not limited to attorney’s fees and costs, that it has or might have, in any way arising out of or in connection with this Waiver for or the Food Products except to the extent that any such liability cannot be released or waived under applicable federal, state or local law. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in replacement or substitution of, any legal protections offered by any “Good Samaritan” or other similar laws in any jurisdiction.