Disclaimer and Assumption of Risk. Notwithstanding this Policy, Users of the internet (including the Services) make such use at their own risk, acknowledging that there are known and unanticipated risks associated with internet use, some of which could result in physical, emotional or psychological injury or even death, or damage to individuals, to property, or to third parties. Such risks cannot be eliminated without jeopardizing the essential qualities of use of the internet. These risks include, among other things: credit card theft, identity theft, fraud, solicitation, stalking, invasion of privacy, unwanted receipt of offensive or obscene material, trespass to chattels or denial of service attacks. EH!tel expressly disclaims any obligation to monitor it’s Customers and other Users with respect to violations of this Policy. EH!tel has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any web site. Users voluntarily engage in the activity of internet use and bear the risks associated with that activity.

Disclaimer and Assumption of Risk. Notwithstanding the above risks and duties, and in consideration of the opportunity to participate in the Activity, Participant acknowledges and agrees that he/she has voluntarily, and without duress, chosen to participate in the Activity, understands and acknowledges the risks associated therewith and/or understands that some risks are unforeseeable and cannot reasonably be anticipated, understands and agrees that Sterisil cannot guaranty, and hereby expressly DISCLAIMS any liability with respect to, and is not responsible for, his/her personal safety and/or the safety of his/her property. Participant hereby ASSUMES ALL RISK associated with participation in the Activity including, but limited to, the risk of kidnapping, imprisonment, infection, illness, personal injury, and even death, as well as the risk of theft, loss and/or damage to property. Participant acknowledges and agrees that his/her failure to undertake further investigation of the risks associated with the Activity, and/or comply with any one or more of the required or suggested precautionary measures described herein, shall in no way compromise the full force and effect of this Agreement, and shall in no way be interpreted to create, give rise to, impute or expand upon any liability whatsoever for, or with respect to, Sterisil.

Disclaimer and Assumption of Risk. Charlotte Independence fully understands the nature of activities on the fields, whether contact or non-contact sports or other activities and fully understands that those activities involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by its players’ or coaches’ own actions, or inactions, those of other participants, or the negligence of other persons, players, coaches, spectators, or guests. Charlotte Independence further understands that there may be other risks including responsibility for losses, costs, and damages as a result of participation in activities on the fields or at the Park. All of its participants, players, coaches, officials, referees, and parents/guardians of minors shall assume the above risks and release and indemnify the Town from any damages or liabilities that may result from activities undertaken at the fields or at the Park.

Disclaimer and Assumption of Risk a. PROACCESS, ITS SUBSIDIARIES, OFFICERS AND EMPLOYEES MAKE NO REPRESENTATION OR ENDORSEMENT, AND DISCLAIM ALL LIABILITY RELATIVE TO AND ARISING FROM THE USE OF THE INTERNET PRESENCE OR ANY OTHER HTML DOCUMENTS AND ASSOCIATED MULTIMEDIA FILES ON THE SERVER. PROACCESS DOES NOT WARRANT ANY PRODUCT OR SERVICE FOUND ON THE SERVER INCLUDING THE INTERNET PRESENCE AND DOES NOT MAKE ANY GUARANTEE OR WARRANTY OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR INFORMATION CONTAINED WITHIN OR REFERRED TO BY HTML DOCUMENTS AND ASSOCIATED MULTIMEDIA FILES ON THE SERVER. b. PROACCESS DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROACCESS DISCLAIMS ALL RESPONSIBILITY FOR ANY DAMAGE SUFFERED FROM THE DIRECT OR INDIRECT USE OF ITS SERVICES, THE INTERNET PRESENCE AND THE SERVER WHICH ARE NOT THE DIRECT RESULT OF ITS ACTIONS OR NEGLIGENCE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY CLIENT’S NEGLIGENCE OR ERRORS OR OMISSIONS. PROACCESS SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ACCURACY OR QUALITY OF INFORMATION OBTAINED FROM THE SERVER. c. USE OF ANY INFORMATION OBTAINED VIA HTML DOCUMENTS AND ASSOCIATED MULTIMEDIA FILES ON THE SERVER AND AFFILIATED INFORMATION IS AT CLIENT’S AND CLIENT’S CUSTOMERS’ OWN RISK. d. CLIENT EXPRESSLY ACCEPTS PROACCESS’ DISCLAIMERS AS SET FORTH IN (a) AND (b) ABOVE AND AGREES TO THE ASSUMPTION OF RISK AS SET FORTH IN (c) ABOVE.

Disclaimer and Assumption of Risk. The MTTA fully understands the nature of activities on the fields, whether contact or non-contact sports or other activities and fully understands that those activities involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by its players’ or coaches’ own actions, or inactions, those of other participants, or the negligence of other persons, players, coaches, spectators, or guests. The MTTA further understands that there may be other risks including responsibility for losses, costs, and damages as a result of participation in activities on the fields or at the Park. All of its participants, players, coaches, officials, referees, and parents/guardians of minors shall assume the above risks and release and indemnify the Town from any damages or liabilities that may result from activities undertaken at the fields or at the Park.

Related to Disclaimer and Assumption of Risk

Indemnification and Assumption of Risk – Vendor Data VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO: VENDOR INFORMATION, VENDOR DOCUMENTATION, VENDOR’S PROPOSALS, VENDOR PRICING SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS, TIPS CORRESPONDENCE, VENDOR LOGOS AND IMAGES, VENDOR’S CONTACT INFORMATION, VENDOR’S BROCHURES AND COMMERCIAL INFORMATION, VENDOR’S FINANCIAL INFORMATION, VENDOR’S CERTIFICATIONS, AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR, SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS) (“VENDOR DATA”) TO TIPS. FOR THE SAKE OF CLARITY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 14 ABOVE, VENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO: (I) ANY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING, VENDOR’S DATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHER HARDWARE OR SOFTWARE SYSTEMS, AND; (II) ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR.
No Assumption of Liability The Security Interest is granted as security only and shall not subject the Collateral Agent or any other Secured Party to, or in any way alter or modify, any obligation or liability of any Grantor with respect to or arising out of the Collateral.
Assumption of Risk I acknowledge that sailboat racing involves risks, and I freely assume all risks, including the risks of serious personal injury, death or permanent disability arising from the Participant’s participation in the Regatta and shore side activities, including accidents, collisions, falling, drowning, exposure, overexertion, sea or weather conditions, well as all unforeseen risks. I acknowledge that this Regatta is a voluntary recreational event and the Participant is free to withdraw at any time.
Assumption of Risks The Borrower assumes all risks of the acts or omissions of any beneficiary of any Letter of Credit or any transferee thereof with respect to its use of such Letter of Credit. Neither the Issuing Bank (except in the case of gross negligence or willful misconduct on the part of the Issuing Bank or any of its employees), its correspondents nor any Lender shall be responsible for the validity, sufficiency or genuineness of certificates or other documents or any endorsements thereon, even if such certificates or other documents should in fact prove to be invalid, insufficient, fraudulent or forged; for errors, omissions, interruptions or delays in transmissions or delivery of any messages by mail, telex, or otherwise, whether or not they be in code; for errors in translation or for errors in interpretation of technical terms; the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; the failure of any beneficiary or any transferee of any Letter of Credit to comply fully with conditions required in order to draw upon any Letter of Credit; or for any other consequences arising from causes beyond the Issuing Bank’s control or the control of the Issuing Bank’s correspondents. In addition, neither the Issuing Bank, the Administrative Agent nor any Lender shall be responsible for any error, neglect, or default of any of the Issuing Bank’s correspondents; and none of the above shall affect, impair or prevent the vesting of any of the Issuing Bank’s, the Administrative Agent’s or any Lender’s rights or powers hereunder or under the Letter of Credit Agreements, all of which rights shall be cumulative. The Issuing Bank and its correspondents may accept certificates or other documents that appear on their face to be in order, without responsibility for further investigation of any matter contained therein regardless of any notice or information to the contrary. In furtherance and not in limitation of the foregoing provisions, the Borrower agrees that any action, inaction or omission taken or not taken by the Issuing Bank or by any correspondent for the Issuing Bank in good faith in connection with any Letter of Credit, or any related drafts, certificates, documents or instruments, shall be binding on the Borrower and shall not put the Issuing Bank or its correspondents under any resulting liability to the Borrower.
No Assumption of Liabilities Notwithstanding anything in this Agreement or elsewhere to the contrary, no SNH Entity is assuming, and no SNH Entity shall be responsible for, any liability of any kind or nature whether known or unknown, absolute, mature or not yet due, liquidated or non-liquidated, contingent, non-contingent, direct or indirect or otherwise, of any Mariner Entity or any other person for: (a) Any costs or expenses, including, but not limited to, legal fees, accounting fees, consulting and financing costs incurred by any Mariner Entity in negotiating this Agreement or in consummating the transactions contemplated hereby; (b) Any claim as a result of any injury to any person arising out of the rendering of or failure to render services by any Mariner Entity or its or his employees, agents or representatives or any other person performing services for or on behalf of any Mariner Entity (i) with respect to the Retained Facilities, prior to the Effective Time and, subject to, and upon the terms and conditions contained in the Interim Management Agreement, after the Effective Time, and (ii) with respect to the Transferred Facilities or any other operations of the Mariner Entities (except as otherwise expressly set forth herein), both prior to, and after, the Effective Time; (c) Any liability to set off or recoupment (including set off or recoupment against Post-Effective Time accounts receivable) by any Third Party Payor by reason of any contractual claim, settlement, order or judgment retroactively adjusting the amounts payable for reimbursement purposes or recovering overpayments made or requiring the payment of fines, penalties or damages, or reduction of prospective payments to any Facility or interest, with respect to, or based upon, the services rendered by any Mariner Entity (i) with respect to the Retained Facilities, prior to the Effective Time and, subject to, and upon the terms and conditions contained in the Interim Management Agreement, after the Effective Time, and (ii) with respect to the Transferred Facilities or other operations of the Mariner Entities (except as otherwise expressly set forth herein), both prior to, and after, the Effective Time, including liabilities that are subject to a stay ordered by the Court and liabilities that may be collected against the New Operator under state or Federal law; (d) Any taxes owed by any Mariner Entity, including, but not limited to, any investment tax recapture, depreciation recapture, employer taxes such as F.I.C.A. and F.U.T.A., any sales or use taxes, any personal property taxes, any withholding taxes and any workers' compensation or unemployment insurance premiums or adjustments and, in the case of any Mariner Entity's employees or any of its affiliates' employees, relating to, or arising out of, such employee's employment at any Retained Facility prior to the Effective Time; and with respect to the Transferred Facilities or other operations of the Mariner Entities, both prior to, and after, the Effective Time; (e) Any claim by any employee of any Mariner Entity for wages, salary, vacation, holiday, sick pay, welfare, or fringe benefits, relating to, or arising out of, such employee's employment prior to the Effective Time, except for those Employee Accruals assumed by the New Manager pursuant to Section 10.1 hereof and with respect to the Transferred Facilities or other operations of the Mariner Entities (except as otherwise expressly set forth herein), both prior to, and after, the Effective Time; (f) Any claim arising under any instrument, agreement, indenture, contract or understanding to which any Mariner Entity is a party or by which it or any of its property is bound, unless such instrument, agreement, indenture, contract or understanding is explicitly described and affirmed and assumed by the SNH Entities in this Agreement or is otherwise expressly affirmed and assumed by separate instrument in writing executed by SPTMNR; or (g) Any claim, order or judgment otherwise arising out of the operation of any Facility or other operations of the Mariner Entities (except as otherwise expressly set forth herein but specifically including any claim, order or judgment arising under any applicable Federal, state or local statutes, laws, ordinances, rules and regulations, licensing requirements or conditions (including Medicare or Medicaid requirements or conditions, and environmental laws), or involving the imposition of any lien under any applicable law), in each case to the extent arising or attributable to conditions or events occurring prior to the Effective Time, and, subject to, and upon the terms and conditions contained in the Interim Management Agreement, after the Effective Time, and (ii) with respect to the Transferred Facilities or other operations of the Mariner Entities (except as otherwise expressly set forth herein), both prior to, and after, the Effective Time.
Assignment and Assumption of Lease The Assignment and Assumption ---------------------------------- of Lease;
Assignment and Assumption of Leases Two (2) counterparts of the Assignment and Assumption of Leases, executed, acknowledged and sealed by Purchaser;
Non-Assumption of Liabilities Neither Party shall be liable for the prior, existing or future obligations, liabilities or debts of the other Party.
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:
Transfer of Assets and Assumption of Liabilities (a) On or prior to the Effective Time, but in any case prior to the Distribution, in accordance with the Plan of Reorganization:

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