Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park Department’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department shall have the right to immediately terminate this Agreement without notice or refund, and Park Department may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington Park, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington Park, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington Park, or from any act or neglect of any other occupant of the Washington Park or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park or any equipment or appurtenance therein, whether belonging to Park Department or to other occupants of The Washington Park results from any act or neglect of Lessee, its agents, guests, licensees or invitees, Lessee shall be liable therefore and Park Department may at its option repair such damage and Lessee shall upon demand by Park Department reimburse Park Department for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department under insurance covering such damages. All personal property belonging to Lessee, its agents, guests, Lessees or invitees shall be there at their respective risks and Park Department shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx hereby indemnifies, protects, defends and holds harmless Park Department and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington Park, or arising from Lessee's occupancy of the Washington Park or presence at the Washington Park or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington Park, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park Department, or its directors, officers, agents or employees.
Appears in 3 contracts
Samples: Washington Park Rental Agreement, Rental Agreement, Rental Agreement
Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentLessor’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department Lessor shall have the right to immediately terminate this Agreement without notice or refund, and Park Department Lessor may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department Lessor and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington ParkXxxxxxx Memorial Hall, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkXxxxxxx Memorial Hall, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkXxxxxxx Memorial Hall, or from any act or neglect of any other occupant of the Washington Park Xxxxxxx Memorial Hall or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Xxxxxxx Memorial Hall or any equipment or appurtenance therein, whether belonging to Park Department Lessor or to other occupants of The Washington Park Xxxxxxx Memorial Hall results from any act or neglect of Lessee, its agents, guests, licensees or invitees, Lessee shall be liable therefore and Park Department Lessor may at its option repair such damage and Lessee shall upon demand by Park Department Lessor reimburse Park Department Lessor for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department Lessor under insurance covering such damages. All personal property belonging to Lessee, its agents, guests, Lessees licensees or invitees shall be there at their respective risks and Park Department Lessor shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Lessee hereby indemnifies, protects, defends and holds harmless Park Department Lessor and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington ParkXxxxxxx Memorial Hall, or arising from Lessee's occupancy of the Washington Park Xxxxxxx Memorial Hall or presence at the Washington Park Xxxxxxx Memorial Hall or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington ParkXxxxxxx Memorial Hall, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department Lessor from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park DepartmentLessor, or its directors, officers, agents or employees. In the event that Lessor prevails in any litigation regarding this Agreement, Lessee shall pay Lessor’s reasonable attorneys’ fees and court costs.
Appears in 2 contracts
Samples: Krueger Memorial Hall Rental Agreement, Krueger Memorial Hall Rental Agreement
Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentLessor’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department Lessor shall have the right to immediately terminate this Agreement without notice or refund, and Park Department Lessor may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department Lessor and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington ParkSenior Center, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkSenior Center, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkSenior Center, or from any act or neglect of any other occupant of the Washington Park Senior Center or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Senior Center or any equipment or of appurtenance therein, whether belonging to Park Department Lessor or to the other occupants of The Washington Park the Senior Center results from any act or neglect of Lessee, its agents, guests, licensees licensees, or invitees, Lessee shall be liable therefore and Park Department may Lessor may, at its option option, repair such damage and Lessee shall shall, upon demand by Park Department Lessor, reimburse Park Department Lessor for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department Lessor under insurance covering such damages. All personal property pr9oeprty belonging to Lessee, its agents, guests, Lessees licensees, or invitees shall be there at their respective risks and Park Department Lessor shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Lessee hereby indemnifies, protects, defends defends, and holds harmless Park Department Lessor and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, attorney’s fees in connection with injuries to any persons person or damage to or theft or misappropriation or loss of property occurring in or about The Washington Park, the Senior Center or arising from Lessee's ’s occupancy of the Washington Park Senior Center or presence at the Washington Park Senior Center or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington Parkthe Senior Center, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees invitees, or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department Lessor from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park DepartmentLessor, or its directors, officers, agents agents, or employees.
Appears in 1 contract
Samples: Senior Center Rental Agreement
Compliance and Indemnification. Lessee Licensee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park Department’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee Licensee violates any of the terms or conditions of this Agreement, Park Department shall have the right to immediately terminate this Agreement without notice or refund, and Park Department may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee Licensee releases Park Department and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee Licensee or by any occupant of the Washington ParkAmphitheater, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkAmphitheater, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkAmphitheater, or from any act or neglect of any other occupant of the Washington Park Amphitheater or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated enume rated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Amphitheater or any equipment or appurtenance therein, whether belonging to Park Department or to other occupants of The Washington Park Amphitheater results from any act or neglect of LesseeLicensee, its agents, guests, licensees or invitees, Lessee Licensee shall be liable therefore and Park Department may at its option repair such damage and Lessee Licensee shall upon demand by Park Department reimburse Park Department for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department under insurance covering such damages. All personal property belonging to LesseeLicensee, its agents, guests, Lessees licensees or invitees shall be there at their respective risks and Park Department shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Licensee hereby indemnifies, protects, defends and holds harmless Park Department and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington ParkAmphitheater, or arising from LesseeLicensee's occupancy of the Washington Park Amphitheater or presence at the Washington Park Amphitheater or from any activity, work, or thing done, permitted or suffered by Lessee Licensee in or about The Washington ParkAmphitheater, or from any breach or default on the part of Lessee Licensee in the performance of any covenant or agreement on the part of Lessee Licensee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee Licensee or any of its employees, customers, agents, LesseesLicensees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee Licensee in this Section shall be deemed to exempt Park Department from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park Department, or its directors, officers, agents or employees.
Appears in 1 contract
Samples: Rental Agreement
Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentLessor’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department Lessor shall have the right to immediately terminate this Agreement without notice or refund, and Park Department Lessor may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department Lessor and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington ParkSenior Center, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkSenior Center, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkSenior Center, or from any act or neglect of any other occupant of the Washington Park Senior Center or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due xxx to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Senior Center or any equipment or of appurtenance therein, whether belonging to Park Department Lessor or to the other occupants of The Washington Park the Senior Center results from any act or neglect of Lessee, its agents, guests, licensees licensees, or invitees, Lessee shall be liable therefore and Park Department may Lessor may, at its option option, repair such damage and Lessee shall shall, upon demand by Park Department Lessor, reimburse Park Department Lessor for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department Lessor under insurance covering such damages. All personal property pr9oeprty belonging to Lessee, its agents, guests, Lessees licensees, or invitees shall be there at their respective risks and Park Department Lessor shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Lessee hereby indemnifies, protects, defends defends, and holds harmless Park Department Lessor and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, attorney’s fees in connection with injuries to any persons person or damage to or theft or misappropriation or loss of property occurring in or about The Washington Park, the Senior Center or arising from Lessee's ’s occupancy of the Washington Park Senior Center or presence at the Washington Park Senior Center or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington Parkthe Senior Center, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees invitees, or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department Lessor from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park DepartmentLessor, or its directors, officers, agents agents, or employees.
Appears in 1 contract
Samples: Rental Agreement
Compliance and Indemnification. Lessee Licensee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park Department’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee Licensee violates any of the terms or conditions of this Agreement, Park Department shall have the right to immediately terminate this Agreement without notice or refund, and Park Department may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee Licensee releases Park Department and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee Licensee or by any occupant of the Washington ParkAmphitheater, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkAmphitheater, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkAmphitheater, or from any act or neglect of any other occupant of the Washington Park Amphitheater or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated enume¾rated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Amphitheater or any equipment or appurtenance therein, whether belonging to Park Department or to other occupants of The Washington Park Amphitheater results from any act or neglect of LesseeLicensee, its agents, guests, licensees or invitees, Lessee Licensee shall be liable therefore and Park Department may at its option repair such damage and Lessee Licensee shall upon demand by Park Department reimburse Park Department for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department under insurance covering such damages. All personal property belonging to LesseeLicensee, its agents, guests, Lessees licensees or invitees shall be there at their respective risks and Park Department shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Licensee hereby indemnifies, protects, defends and holds harmless Park Department and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington ParkAmphitheater, or arising from LesseeLicensee's occupancy of the Washington Park Amphitheater or presence at the Washington Park Amphitheater or from any activity, work, or thing done, permitted or suffered by Lessee Licensee in or about The Washington ParkAmphitheater, or from any breach or default on the part of Lessee Licensee in the performance of any covenant or agreement on the part of Lessee Licensee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee Licensee or any of its employees, customers, agents, LesseesLicensees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee Licensee in this Section shall be deemed to exempt Park Department from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park Department, or its directors, officers, agents or employees.
Appears in 1 contract
Samples: Rental Agreement
Compliance and Indemnification. Lessee Licensee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentMCPRD’s rules and regulations (which are incorporated herein by this reference), in its said useuse of North Pointe Pavilion, and will not permit anything to be done in violation thereof. If Lessee violates Licensee or any of its licensees, invitees or guests violate any of the terms or conditions of this Agreement, Park Department MCPRD shall have the right to immediately terminate this Agreement without notice or refund, and Park Department MCPRD may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee Licensee releases Park Department MCPRD and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee Licensee or by any occupant of the Washington ParkNorth Pointe Pavilion, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkNorth Pointe Pavilion, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkNorth Pointe Pavilion, or from any act or neglect of any other occupant of the Washington Park North Pointe Pavilion or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due xxx to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park North Pointe Pavilion or any equipment or of appurtenance therein, whether belonging to Park Department MCPRD or to the other occupants of The Washington Park the North Pointe Pavilion results from any act or neglect of LesseeLicensee, its agents, guests, licensees Licensees, or invitees, Lessee Licensee shall be liable therefore and Park Department may MCPRD may, at its option option, repair such damage and Lessee shall Licensee shall, upon demand by Park Department MCPRD, reimburse Park Department MCPRD for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department MCPRD under insurance covering such damages. All personal property belonging to LesseeLicensee, its agents, guests, Lessees Licensees, or invitees shall be there at their respective risks and Park Department MCPRD shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Licensee hereby indemnifies, protects, defends defends, and holds harmless Park Department MCPRD and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, attorney’s fees in connection with injuries to any persons person or damage to or theft or misappropriation or loss of property occurring in or about The Washington Park, the North Pointe Pavilion or arising from Lessee's Licensee’s occupancy of the Washington Park North Pointe Pavilion or presence at the Washington Park North Pointe Pavilion or from any activity, work, or thing done, permitted or suffered by Lessee Licensee in or about The Washington Parkthe North Pointe Pavilion, or from any breach or default on the part of Lessee Licensee in the performance of any covenant or agreement on the part of Lessee Licensee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee Licensee or any of its employees, customers, agents, Lesseeslicensees, invitees invitees, or contractors. Notwithstanding the foregoing, no agreement of Lessee Licensee in this Section shall be deemed to exempt Park Department MCPRD from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park DepartmentMCPRD, or its directors, officers, agents agents, or employees.
Appears in 1 contract
Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentLessor’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department Lessor shall have the right to immediately terminate this Agreement without notice or refund, and Park Department Lessor may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department Lessor and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington ParkXxxxxxx Memorial Hall, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkXxxxxxx Memorial Hall, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkXxxxxxx Memorial Hall, or from any act or neglect of any other occupant of the Washington Park Xxxxxxx Memorial Hall or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Xxxxxxx Memorial Hall or any equipment or appurtenance therein, whether belonging to Park Department Lessor or to other occupants of The Washington Park Xxxxxxx Memorial Hall results from any act or neglect of Lessee, its agents, guests, licensees or invitees, Lessee shall be liable therefore and Park Department Lessor may at its option repair such damage and Lessee shall upon demand by Park Department Lessor reimburse Park Department Lessor for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department Lessor under insurance covering such damages. All personal property belonging to Lessee, its agents, guests, Lessees licensees or invitees shall be there at their respective risks and Park Department Lessor shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx hereby indemnifies, protects, defends and holds harmless Park Department Lessor and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington ParkXxxxxxx Memorial Hall, or arising from Lessee's occupancy of the Washington Park Xxxxxxx Memorial Hall or presence at the Washington Park Xxxxxxx Memorial Hall or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington ParkXxxxxxx Memorial Hall, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department Lessor from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence or willful misconduct of Park DepartmentLessor, or its directors, officers, agents or employees. In the event that Lessor prevails in any litigation regarding this Agreement, Lessee shall pay Lessor’s reasonable attorneys’ fees and court costs.
Appears in 1 contract
Compliance and Indemnification. Lessee will comply with all laws of the United States and the State of Indiana, with all ordinances of the City of Michigan City and the Park DepartmentLessor’s rules and regulations (which are incorporated herein by this reference), in its said use, and will not permit anything to be done in violation thereof. If Lessee violates any of the terms or conditions of this Agreement, Park Department Lessor shall have the right to immediately terminate this Agreement without notice or refund, and Park Department Lessor may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees. Lessee releases Park Department Lessor and the City of Michigan City, Indiana (“City”) from and waives all claims for damages to person or property sustained by Lessee or by any occupant of the Washington ParkXxxxxxx Memorial Hall, or by any other person, resulting directly or indirectly from fire or other casualty, or any cause or any existing or future condition, defect, matter or thing in or about the Washington ParkXxxxxxx Memorial Hall, or any part thereof, or from any equipment or appurtenance therein, or from any accident in or about the Washington ParkXxxxxxx Memorial Hall, or from any act or neglect of any other occupant of the Washington Park Xxxxxxx Memorial Hall or any part thereof or of any other person. Said release and waiver shall apply especially, but not exclusively, without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the occurrences specifically enumerated enume¾rated above, or from any other thing or circumstance, whether of a like nature or of a wholly different nature. If any damage to the Washington Park Xxxxxxx Memorial Hall or any equipment or appurtenance therein, whether belonging to Park Department Lessor or to other occupants of The Washington Park Xxxxxxx Memorial Hall results from any act or neglect of Lessee, its agents, guests, licensees or invitees, Lessee shall be liable therefore and Park Department Lessor may at its option repair such damage and Lessee shall upon demand by Park Department Lessor reimburse Park Department Lessor for all costs and expenses of such repairs and damages in excess of amounts, if any, paid to Park Department Lessor under insurance covering such damages. All personal property belonging to Lessee, its agents, guests, Lessees licensees or invitees shall be there at their respective risks and Park Department Lessor shall not be liable for damage thereto or theft or misappropriation thereof. To the extent not prohibited by law, Xxxxxx Lessee hereby indemnifies, protects, defends and holds harmless Park Department Lessor and the City from and against any and all loss, damages, liabilities, claims, liens, costs and expenses, including, without limitation, reasonable attorneys' fees, in connection with injuries to any persons or damage to or theft or misappropriation or loss of property occurring in or about The Washington ParkXxxxxxx Memorial Hall, or arising from Lessee's occupancy of the Washington Park Xxxxxxx Memorial Hall or presence at the Washington Park Xxxxxxx Memorial Hall or from any activity, work, or thing done, permitted or suffered by Lessee in or about The Washington ParkXxxxxxx Memorial Hall, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed pursuant to the terms of this Agreement, or due to any other act or omission of Lessee or any of its employees, customers, agents, Lessees, invitees or contractors. Notwithstanding the foregoing, no agreement of Lessee in this Section shall be deemed to exempt Park Department Lessor from liability or damages for injury to persons or damage to property caused by or resulting from the gross negligence negli¾gence or willful misconduct of Park DepartmentLessor, or its directors, officers, agents or employees. In the event that Lessor prevails in any litigation regarding this Agreement, Lessee shall pay Lessor’s reasonable attorneys’ fees and court costs.
Appears in 1 contract
Samples: Rental Agreement