Common use of Assumption of Risk, Indemnification and Waiver Clause in Contracts

Assumption of Risk, Indemnification and Waiver. Provider hereby agrees that all of its property and activities of any kind or nature whatsoever in, upon, or about the designated space it utilizes at Location at any time during the Term or any renewal or extension hereof, shall be at the sole risk and hazard of Provider, with the exception of claims for damages or injury suffered by Provider or Provider Personnel while on DCPS property pursuant to this Agreement caused by the gross negligence or willful misconduct of DCPS employees, officers, agents, and volunteers acting on behalf of DCPS (“DCPS Personnel”). Moreover, Provider hereby agrees to defend, indemnify, and save harmless the District of Columbia government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers, against and from all penalties, claims, actions, damages, injuries, losses, and costs (including reasonable attorneys fees) of every nature resulting from, or in connection with, Provider and Provider Personnel’s use and occupancy of Location under this Agreement, and in conducting activities under this Agreement. It is expressly understood that the District of Columbia Government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers shall not be liable to Provider for any accident, injury, loss, or damage suffered by Provider while Provider is on, upon, or about, or entering or leaving Location at any time during the term of this Agreement or any renewal or extension hereof, resulting from any cause whatsoever, with the exception of any such accident, injury, loss, or damage suffered by Provider as a result of the gross negligence or willful misconduct of DCPS Personnel. All claims, with the exception of such claims resulting from the gross negligence or willful misconduct of DCPS Personnel are hereby released to the District of Columbia Government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers, who may plead this release in bar thereof, in any and every suit, demand and claim for same. Provider’s covenants, obligations, and liabilities under this section shall survive the expiration or earlier termination of this Agreement.

Assumption of Risk, Indemnification and Waiver. Provider hereby agrees that all of its property and activities of any kind or nature whatsoever in, upon, or about the designated space it utilizes at Location at any time during the Term or any renewal or extension hereof, shall be at the sole risk and hazard of Provider, with the exception of claims for damages or injury suffered by Provider or Provider Personnel while on DCPS property pursuant to this Agreement caused solely by the gross negligence or willful misconduct of DCPS employees, officers, agents, and volunteers acting on behalf of DCPS (“DCPS Personnel”). Moreover, Provider hereby agrees to defend, indemnify, and save harmless the District of Columbia government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers, against and from all penalties, claims, actions, damages, injuries, losses, and costs (including reasonable attorneys fees) of every nature resulting from, or in connection with, Provider and Provider Personnel’s use and occupancy of Location under this Agreement, and in conducting activities under this Agreement. It is expressly understood that the District of Columbia Government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers shall not be liable to Provider for any accident, injury, loss, or damage suffered by Provider while Provider is on, upon, or about, or entering or leaving Location at any time during the term of this Agreement or any renewal or extension hereof, resulting from any cause whatsoever, with the exception of any such accident, injury, loss, or damage suffered by Provider as a result of the sole gross negligence or willful misconduct of DCPS Personnel. All claims, with the exception of such claims resulting from the sole gross negligence or willful misconduct of DCPS Personnel are hereby released to the District of Columbia Government, its agencies (including DCPS), elected/appointed officials, employees, agents, and volunteers, who may plead this release in bar thereof, in any and every suit, demand and claim for same. Provider’s covenants, obligations, and liabilities under this section shall survive the expiration or earlier termination of this Agreement.