CLAIM OR DEMAND Clause Samples

CLAIM OR DEMAND. 12.1 The Lions Club will not have any claim or demand against the RDEK and/or any of its officers, servants or agents for detriment, damage, accident or injury of any nature whatsoever or howsoever caused to the Leased Land, or to any person or property, including any Improvements, erection, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Leased Land unless such damage or injury is due to the negligence of any agent, officer or servant of the RDEK while acting within the scope of his duties or employment.

CLAIM OR DEMAND. If, during the Term, the Radio Site or Radio Equipment should, for any reason whatsoever, be interfered with, damaged, injured or destroyed, the Licensee shall not by reason thereof have any claim or demand against the Indemnified Parties and the Licensee shall not be entitled to any reimbursement, compensation or indemnity, unless such damage or injury is due to the negligence of any Indemnified Party.

CLAIM OR DEMAND. The Tenant shall not have any right to make or institute any claim, demand, action, suit, petition, or proceeding (“Claim”) against the Landlord or any of its officers, directors, servants, agents, or other persons for whom the Landlord is responsible, for detriment, damage, loss, costs, accident or injury (“Damage”), of any nature whatsoever or howsoever caused to the Premises, or to any person or property on or about the Premises, including any structures, erections, aircraft, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Premises, unless such Damages is due to the gross negligence or willful misconduct of the Landlord or any officer, servant or agent of the Landlord while acting within the scope of his duties or employment. Notwithstanding the first sentence of this Section 8.2, the Tenant hereby releases the Landlord from any and all such Claims and/or Damages for which the Tenant is required to be insured for under the Lease no matter how caused (including negligence by the Landlord or the persons for whom it is responsible). In addition, and notwithstanding the first sentence of this Section 8.2, the Tenant hereby releases the Landlord from any and all such Claims and/or Damages, no matter how caused, for which the Tenant is actually insured for under this Lease. Each of the foregoing release includes such Claims and/or Damages caused by or contributed to by the gross negligent act or willful misconduct of the Landlord, its agents, and any person whom the Landlord is responsible for under this Lease or at law. Such releases also include all Claims and/or Damages arising, growing out of, or alleged to arise out of the event or loss for which the Landlord is released, and including if the relevant act or omission or the consequences thereof results in a breach of this Lease. For clarity “Claim” includes any matter or matters giving rise to or that could or that is threatened to give rise to a civil, regulatory, or other legal proceeding and includes every civil proceeding in which a person seeks a judgment, or an order made by a court requiring another person to comply with a duty or to pay damages for the violation of a right, as applicable. For further clarity, “Damage” includes one or more of: (i) personal injury or injuries (including death); (ii) property damage; (iii) economic loss or losses; (iv) non-performance of an obligation or obliga...

CLAIM OR DEMAND. The Lessee shall not have and hereby waives and releases any claim or demand against the Lessor or any of its officers, employees or agents for detriment, damage, loss, accident or injury, of any nature whatsoever or howsoever caused to the Land, or to any person or property, including any structures, erections, aircraft, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Land or in the Building, unless such damage or injury is due to the gross negligence of the Lessor and/or any of its agents, officers or employees while acting within the scope of their duties of employment.