ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION Sample Clauses

ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. For and in consideration of the separate sum of One Dollar ($1.00) and other good and valuable consideration paid by Landlord to Tenant, the receipt and sufficiency of which is hereby acknowledged by Xxxxxx, Xxxxxx agrees as follows:
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Already knowing or having been advised of said dangers and fully acknowledging the risk of injury or health inherent therein, whether by my own actions, the actions of others or events beyond my control, I do hereby agree to knowingly and voluntarily assume full responsibility for all of the risks surrounding the Minor's participation in said Activity(s) and any other activity(s) undertaken as an adjunct thereto, and all risks associated with the Minor's own health problems and physical or emotional limitations; and, furthermore, for the Minor, his/her heirs, and personal representative(s), I hereby irrevocably and unconditionally fully release, acquit, satisfy, and forever discharge and hold harmless the University and all its officers, trustees, directors, members, employees and agents, without any limitation or qualification, as to any and all liabilities, claims, demands, obligations and causes of action of any nature whatsoever, direct or indirect, or in a representative capacity, absolute or contingent, which the Minor ever had, now has, or may have in the future, known or unknown, arising out of, or in any way related to the Activity, either for personal injury, property damage, death, or other claim, including all claims that might be made by the Minor or his/her estate on account of any losses, expenses or damages of any kind concerning property or personal injuries (physical or emotional) or death which may result, directly or indirectly, from the Minor's participation in the aforesaid Activity(s), whether such loss, claim, damage or action results from the negligent act or omission of the University or any of its officers, trustees, members, directors, employees, agents or otherwise. This Agreement includes any claim for contribution if anyone sues as a result of any damage or injury the Minor causes by his/her presence on or about the location of the Activity. I further agree to indemnify and hold harmless the University, its officers, trustees, members, directors, employees, and agents, from any and all loss, liability, damage, or costs that it or they may incur as a result of the Minor's participation in the Activity or arising from any of the Minor's acts or omissions, including reasonable attorneys' fees and court costs.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Company expressly assumes all risk to itself and its agents and employees for use of the System. Company hereby indemnifies and holds harmless Bank, its affiliates, directors, officers, agents, employees, successors, assigns, and service providers, from and against any and all demands, losses, liability, damages, claims, causes of actions and expenses (including reasonable attorney’s fees and costs) arising in connection with Company’s performance under these Terms , including without limitation any breach by Company, its employees or agents of any provision, representation or warranty herein. Bank shall have the right to participate in such defense at its own expense. Bank shall have the right to approve the settlement of any claim hereunder that imposes any liability or obligation on Bank.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. As to each of Sections 10.12 through 10.16 hereinabove, Purchaser covenants and agrees to assume all risks of impairment of the use and enjoyment of the Property, loss of market value of the Property, loss of property, property damage, personal injury, or death arising from or in connection with any of the above, and Purchaser hereby releases Seller, Seller’s members and their respective parent companies, subsidiaries, and affiliates (including but not limited to Project Broker), their respective directors, officers, members, employees, agents, successors and assigns from and against any and all liability, claims, losses, damages, or expenses arising from or in connection with any of the above. Purchaser further covenants and agrees to indemnify and hold harmless Seller, Seller’s members and their respective parent companies, subsidiaries, and affiliates (including but not limited to Project Broker), their respective directors, officers, members, employees, agents successors and assigns from and against any and all liability, claims, losses, damages, or expenses arising from or in connection with the abovementioned Sections 10.12 through 10.16. This release and indemnification shall survive Closing.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. Owner acknowledges and understands the risks inherent in the sport of boating, including without limitation the possibility of serious bodily injury or death and damage to property, and that such injury, death or damage could be caused, in whole or in part, by the acts, omissions and/or negligence of DIYC, the Duck Island Condominium Association, Inc. (the "Association"), and/or their governors, officers, members, committee members, volunteers, employees, contractors or agents (collectively, the “Releasees”). Owner agrees to assume all such risks and hereby releases from liability and waives any and all claims that Owner (or Owner's minor children) may have or assert against any of the Releasees on account of or in connection with any liability, claim, demand, cause of action, damage, loss or expense (including without limitation reasonable expenses and attorneys’ fees) (collectively, “Liabilities”), resulting from, arising out of, or relating to Owner's or Owner's minor children's use of the Premises or the Equipment, or any other property or facilities of DIYC or the Association (collectively, the “Property”), including without limitation Liabilities caused by the acts, omissions or negligence of any of the Releasees. Owner further covenants and agrees not to sue, permit Owner's minor children to sue, or participate in a lawsuit brought by anyone else against, any of the Releasees in connection with any such Liability. Owner agrees to indemnify, defend and hold harmless the Releasees against and from any and all Liabilities asserted against or suffered by them on account of or in connection with (i) Owner's, Owner's minor children's, Owner's guests' or Owner's invitees' use of the Property or their activities in connection with this Agreement, or (ii) Owner's default under this Agreement.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. I fully understand that: (a) bicycling activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity; the condition in which the Activity takes place, or the negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all Risks, other risks and dangers, also assume responsibility for losses, costs and damages I incur as a result of my participation.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION. The term “claims” used in this Agreement shall mean any and all claims and liability of any kind whatsoever, past, present and future, both known and unknown, including attorney fees and costs of litigation and including those which have not yet arisen or matured, whether in law or in equity, arising from, related to, or in connection with the Program, Student’s participation in the Program, travel to, from, during, before and after the Program (including personal travel), Student’s use of free time during the Program, any medical treatment or testing (including without limitation blood tests), or vaccination Student may or may not receive, any discipline Student may receive during or after the Program, Student’s departure, withdrawal, dismissal or other removal from the Program, any changes in the Program, any communication or notices or lack thereof before, during, or after the Program, any anti-discrimination laws and regulations of any jurisdiction, any delay, property damage, loss or theft, any hostile act, government act or omission, terrorism, social unrest, local laws, climatic conditions, or other conditions, developments, or disruptions, any bodily, emotional or mental injury, illness, disease, or death, and all other claims, liability, damage, cost, loss, or expense of any nature whatsoever, including but not limited to, claims for negligence or any intentional act on the part of BYU or any other person or entity. In consideration of Student’s acceptance to participate in the Program, and by signing, we for ourselves, individually and jointly, hereby agree to: A. Voluntarily assume full responsibility for all hazards and risks associated with participation in the Program; and B. Release, waive and discharge BYU from any and all claims; and C. Covenant not to xxx BYU with respect to any and all claims; and D. Indemnify, defend and hold harmless BYU from any and all claims. We further agree that this language of assumption of risk, release and indemnification shall be interpreted as broadly as possible in favor of BYU.
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ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION 
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Related to ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION

  • Release and Indemnification In consideration of Vendor’s acceptance to participate in the Event, Vendor hereby voluntarily assumes responsibility for, and releases, waives, acquits, and forever the Decatur Chamber of Commerce and their respective boards of directors, officers, agents, employees, members, sponsors, contributors and volunteers (collectively, the “Releasees”), of and from, and agrees not to sue the Releasees on account any and all liability, demands, losses, claims, and damages of every kind whether now or hereafter existing, arising out of, or in any way connected, directly or indirectly, with the Event or Vendor’s participation in the Event, WHETHER ARISING OUT OF, ATTRIBUTED TO OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE OR PASSIVE), GROSS NEGLIGENCE, INTENTIONAL CONDUCT OF ANY OF THE RELEASEES. Vendor further agrees to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney fees, for injury, death, loss or damage of whatever nature to any person, property, or any other claim resulting from, arising out of, or in any way related to (i)Vendor’s use and occupancy of the Premises, (ii)Vendor’s participation in the Event, or (iii)an act or omission of Vendor, its agents, employees, or independent contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts or omissions any of them may be liable, WHETHER ARISING OUT OF, ATTRIBUTED TO OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT OF ANY OF THE RELEASEES.

  • Release and Indemnity (a) The Borrower and each Guarantor hereby release and forever discharge the Administrative Agent, each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) of the Credit Agreement, and agree that the Guarantee is in full force and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

  • WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, , IN CONSIDERATION of being permitted to participate in any way in the Rocky Mountain Cycling Club 600km brevet calendared for June 4, 2021 (“Activity”), I hereby acknowledge, agree, attest and represent the following:

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in wilderness activities I hereby agree as follows:

  • Waiver and Indemnification Tenant waives all claims against Landlord, its Security Holders (defined in Section 17), Landlord’s managing agent(s), their (direct or indirect) owners, and the beneficiaries, trustees, officers, directors, employees and agents of each of the foregoing (including Landlord, the “Landlord Parties”) for (i) any damage to person or property (or resulting from the loss of use thereof), except to the extent such damage is caused by any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, or (ii) any failure to prevent or control any criminal or otherwise wrongful conduct by any third party or to apprehend any third party who has engaged in such conduct. Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys’ and consultants’ fees and expenses) (each, a “Claim”) that is imposed or asserted by any third party and arises from (a) any cause in, on or about the Premises, or (b) any negligence, willful misconduct or breach of this Lease of or by Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, officers, directors, employees, agents, contractors, licensees or invitees (each, an “Act of Tenant”), except to the extent such Claim arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party. Landlord shall indemnify, defend, protect, and hold Tenant, its (direct or indirect) owners, and their respective beneficiaries, trustees, officers, directors, employees and agents (including Tenant, the “Tenant Parties”) harmless from any Claim that is imposed or asserted by any third party and arises from any negligence, willful misconduct or breach of this Lease of or by any Landlord Party, except to the extent such Claim arises from any negligence, willful misconduct or breach of this Lease of or by any Tenant Party.

  • Release and Indemnification Covenants (1) Developer releases City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Section, the Indemnified Parties) from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (2) the acquisition, construction, installation, ownership, and operation of the Minimum Improvements or (3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Property, caused and occurring after Developer takes possession of the Property. (3) The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. (4) All covenants, stipulations, promises, agreements and obligations of City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City, and not of any governing body member, officer, agent, servant or employee of City in their individual capacity thereof. (5) The provisions of this Section shall survive the termination of this Agreement.

  • Defense and Indemnification 12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable. 12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

  • Indemnification and Release Consultant hereby releases and discharges Authority and its agents, servants, representatives, employees, officers, directors, and Port Commissioners (collectively, the “Authority Parties”) from liability for and assumes the risk of loss or damage to the property of Consultant and the injury or death of any person employed by Consultant. Consultant shall defend, indemnify and hold harmless the Authority Parties from and against all damages, losses, costs and expenses, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorneys’ fees and the cost of defense), in connection with any action, proceeding, demand or claim but only to the extent caused by the negligent acts, errors, or omissions of the Consultant, its employees, agents, or subconsultants, or others for whom the Consultant is legally liable, in the performance of Services under this Contract. The Consultant is not obligated under this paragraph to indemnify the Authority Parties for the negligent acts of the Authority Parties.

  • Waiver and Release of Liability In consideration for the privilege of the Participant’s participation in the Activities, the undersigned hereby RELEASES, DISCHARGES, COVENANTS NOT TO XXX, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by the Participant incurred on his/her account with respect to the Participant’s personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from the Participant’s participation in Activities, as caused or alleged to be caused in whole or in part by the Releasees or any of them, and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON. INITIAL HERE

  • RELEASE AND WAIVER OF LIABILITY YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE BLUE CHIP AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. BLUE CHIP, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE CHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE BLUE CHIP SITES, PRODUCTS OR SERVICES;

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