Common use of Disclaimer and Indemnification Clause in Contracts

Disclaimer and Indemnification. THE CITY IS NOT A PARTY TO THE CONTRACT BETWEEN PARTICIPANT AND AUDITOR/CONTRACTOR. THE CITY AND ITS RERESENTATIVES ARE SOLELY ENERGY EFFICIENCY PROGRAM ADMINISTRATORS AND AS SUCH ARE REQUIRED TO PROVIDE INFORMATION AND MONITOR COMPLIANE WITH CITY AND FEDERAL POLICIES AND REGULATIONS IN THE ADMINISTRATION OF THE PROGRAM. ANY INFORMATION PROVIDED BY THE CITY TO PARTICIPANT DOES NOT CONSTITUTE LEGAL ADVICE TO PARTICIPANT AND IS FOR INFORMATIONAL PURPOSES ONLY. ANY DISPUTES, DISAGREEMENTS, FINES, CLAIMS, OR LAWSUITS ARISING OUT OF THE PROJECT BETWEEN OWNER AND AUDITOR/CONTRACTOR ARE THE SOLE RESPONSIBILITY OF THE OWNER AND OWNER EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS CITY FROM SAME. PARTICIPANT AGREES THAT IT IS HIS/HER RESPONSIBILITY TO SEE THAT THE AUDITOR/CONTRACTOR COMPLETES THE WORK SPECIFIED AND THAT CITY HAS NOT RESPONSIBILITY FOR ANY FAULTY OR INCOMPLETE WORK OF THE AUDITOR/CONTRACTOR. PARTICIPANT ALSO AGREES THAT HIDDEN OR LATENT CONDITIONS ARE NOT THE RESPONSIBILITY OF THE CITY, NOR IS CITY LIABLE FOR SUCH CONDITIONS. PARTICIPANT AGREES TO RELEASE THE CITY AGAINST ANY CLAIMS, FINES, DAMAGES, PENALTIES, LAWSUITS OR JUDGEMENTS ARISING OUT OF THE SMART ENERGY LOAN PROGRAM AND AUDITORS AND/OR CONTRACTOR’S RECOMMENDATIONS OR WORK.

Disclaimer and Indemnification. CME MAKES NO REPRESENTATIONS CONCERNING THE CITY IS NOT A PARTY LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT. CME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE CONTRACT BETWEEN PARTICIPANT LICENSED PRODUCT AND AUDITOR/CONTRACTORRELATED MATERIALS, OR THEIR QUALITY OF PERFORMANCE, INCLUDING WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE. THE CITY LICENSED PRODUCT IS LICENSED AND ITS RERESENTATIVES ARE SOLELY ENERGY EFFICIENCY PROGRAM ADMINISTRATORS AND TRANSMITTED "AS SUCH ARE REQUIRED TO PROVIDE INFORMATION AND MONITOR COMPLIANE WITH CITY AND FEDERAL POLICIES AND REGULATIONS IS" AND"WITH ALL FAULTS". IN NO EVENT WILL CME BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE ADMINISTRATION LICENSED PRODUCT EVEN IF CME HAS BEEN ADVISED OF THE PROGRAMPOSSIBILITY OF SUCH DAMAGES. ANY INFORMATION PROVIDED BY THE CITY SALES PERSONNEL, EMPLOYEES VENDORS AND DEALERS OF CME ARE NOT AUTHORIZED TO PARTICIPANT DOES MAKE WARRANTIES BINDING ON CME ABOUT THE LICENSED PRODUCTS. ACCORDINGLY, ADDITIONAL ORAL OR WRITTEN STATEMENTS DO NOT CONSTITUTE LEGAL ADVICE WARRANTIES, AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS LICENSE AGREEMENT. ALTHOUGH EVERY EFFORT WILL BE MADE TO PARTICIPANT ENSURE ACCURACY, NEITHER CME NOR ANY OTHER PARTY (INCLUDING VENDOR) FURNISHING INFORMATION OR TRANSMISSION SERVICE TO ANY CUSTOMER OR TO ANY OTHER PARTY INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT, SHALL HAVE ANY OBLIGATIONS OR LIABILITY TO OR THROUGH THE CUSTOMER WITH RESPECT TO FURNISHING SUCH SERVICE, NOR FOR ANY INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION INCLUDED IN THE SERVICE OR IN THE TRANSMISSION OF SUCH INFORMATION, NOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OF WHATEVER NATURE) ARISING FROM THE ABOVE; NEITHER SHALL CME, OR ANY OTHER PARTY (INCLUDING VENDOR) INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM CUSTOMER'S USE OF THE LICENSED PRODUCT. CUSTOMER SHALL DEFEND, INDEMNIFY AND IS FOR INFORMATIONAL PURPOSES ONLY. HOLD CME, AND ANY DISPUTESOTHER PARTY (INCLUDING VENDOR) INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT, DISAGREEMENTS, FINESFREE FROM ANY ACTIONS, CLAIMS, PROCEEDINGS, OR LAWSUITS ARISING OUT LIABILITIES WITH RESPECT TO THIS DISCLAIMER. IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE, CME ITS DIRECTORS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE IN ANY EVENT BEYOND THE PROJECT BETWEEN OWNER SUM EQUAL TO ONE YEAR'S FEES PAID WITH RESPECT TO THE LICENSED PRODUCTS TO CME. SUCH DISCLAIMER AND AUDITOR/CONTRACTOR ARE INDEMNITY SHALL SURVIVE THE SOLE RESPONSIBILITY TERMINATION OF THE OWNER AND OWNER EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS CITY FROM SAME. PARTICIPANT AGREES THAT IT IS HIS/HER RESPONSIBILITY TO SEE THAT THE AUDITOR/CONTRACTOR COMPLETES THE WORK SPECIFIED AND THAT CITY HAS NOT RESPONSIBILITY FOR ANY FAULTY OR INCOMPLETE WORK OF THE AUDITOR/CONTRACTOR. PARTICIPANT ALSO AGREES THAT HIDDEN OR LATENT CONDITIONS ARE NOT THE RESPONSIBILITY OF THE CITY, NOR IS CITY LIABLE FOR SUCH CONDITIONS. PARTICIPANT AGREES TO RELEASE THE CITY AGAINST ANY CLAIMS, FINES, DAMAGES, PENALTIES, LAWSUITS OR JUDGEMENTS ARISING OUT OF THE SMART ENERGY LOAN PROGRAM AND AUDITORS AND/OR CONTRACTOR’S RECOMMENDATIONS OR WORKTHIS AGREEMENT.

Disclaimer and Indemnification. THE CITY IS NOT A PARTY TO THE CONTRACT BETWEEN PARTICIPANT RECIPIENT AND AUDITOR/CONTRACTOR. THE CITY AND ITS RERESENTATIVES REPRESENTATIVES ARE SOLELY ENERGY EFFICIENCY PROGRAM ADMINISTRATORS AND AS SUCH ARE REQUIRED TO PROVIDE INFORMATION AND MONITOR COMPLIANE COMPLIANCE WITH CITY AND FEDERAL POLICIES AND REGULATIONS IN THE ADMINISTRATION OF THE PROGRAM. ANY INFORMATION PROVIDED BY THE CITY TO PARTICIPANT RECIPIENT DOES NOT CONSTITUTE LEGAL ADVICE TO PARTICIPANT RECIPIENT AND IS FOR INFORMATIONAL PURPOSES ONLY. ANY DISPUTES, DISAGREEMENTS, FINES, CLAIMS, OR LAWSUITS ARISING OUT OF THE PROJECT BETWEEN OWNER RECIPIENT AND AUDITOR/CONTRACTOR ARE THE SOLE RESPONSIBILITY OF THE OWNER RECIPIENT, AND OWNER RECIPIENT EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS CITY FROM SAME. PARTICIPANT RECIPIENT AGREES THAT IT IS HIS/HER THE RESPONSIBILITY OF THE RECIPIENT TO SEE THAT THE AUDITOR/CONTRACTOR COMPLETES THE WORK SPECIFIED IS COMPLETED AS SPECIFIED, AND THAT CITY HAS NOT NO RESPONSIBILITY FOR ANY FAULTY OR INCOMPLETE WORK OF THE AUDITOR/CONTRACTOR. PARTICIPANT RECIPIENT ALSO AGREES THAT HIDDEN OR LATENT CONDITIONS ARE NOT THE RESPONSIBILITY OF THE CITY, NOR IS CITY LIABLE FOR SUCH CONDITIONS. PARTICIPANT RECIPIENT AGREES TO HOLD HARMLESS, INDEMNIFY, AND RELEASE THE CITY AGAINST ANY CLAIMS, FINES, DAMAGES, PENALTIES, LAWSUITS OR JUDGEMENTS JUDGMENTS ARISING OUT OF THE SMART ENERGY LOAN NEIGHBORHOOD VITALITY AND BEAUTIFICATION GRANT PROGRAM AND AUDITORS AND/OR CONTRACTOR’S RECOMMENDATIONS OR WORK.. By signing below, I acknowledge that I have fully read this agreement and understand and agree to the terms contained herein. DATED this day of 20 . Authorized Official of Organization Title with Organization Name of Organization Organization Address Authorized Official’s Phone Number

Disclaimer and Indemnification. CME MAKES NO REPRESENTATIONS CONCERNING THE CITY IS NOT A PARTY LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT. CME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE CONTRACT BETWEEN PARTICIPANT LICENSED PRODUCT AND AUDITOR/CONTRACTORRELAT- ED MATERIALS, OR THEIR QUALITY OF PERFORMANCE, INCLUDING WARRANTIES OF MERCHANTA- BILITY, AND FITNESS FOR PARTICULAR PURPOSE. THE CITY LICENSED PRODUCT IS LICENSED AND ITS RERESENTATIVES ARE SOLELY ENERGY EFFICIENCY PROGRAM ADMINISTRATORS AND TRANSMITTED "AS SUCH ARE REQUIRED TO PROVIDE INFORMATION AND MONITOR COMPLIANE WITH CITY AND FEDERAL POLICIES AND REGULATIONS IS" AND"WITH ALL FAULTS". IN NO EVENT WILL CME BE LIABLE FOR DIRECT, IN- DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE ADMINISTRATION LI- CENSED PRODUCT EVEN IF CME HAS BEEN ADVISED OF THE PROGRAMPOSSIBILITY OF SUCH DAMAGES. ANY INFORMATION PROVIDED BY THE CITY SALES PERSONNEL, EMPLOYEES, VENDORS AND DEALERS OF CME ARE NOT AUTHORIZED TO PARTICIPANT DOES MAKE WARRANTIES BINDING ON CME ABOUT THE LICENSED PRODUCTS. ACCORDINGLY, ADDITIONAL ORAL OR WRITTEN STATEMENTS DO NOT CONSTITUTE LEGAL ADVICE WARRANTIES, AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS LICENSE AGREEMENT. ALTHOUGH EVERY EFFORT WILL BE MADE TO PARTICIPANT ENSURE ACCURACY, NEITHER CME NOR ANY OTHER PARTY FURNISHING INFORMATION OR TRANSMISSION SERVICE TO ANY CUSTOMER OR TO ANY OTHER PARTY INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT, SHALL HAVE ANY OBLIGATIONS OR LIABILITY TO OR THROUGH THE CUSTOMER WITH RESPECT TO FURNISHING SUCH SERVICE, NOR FOR ANY IN- TERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION INCLUDED IN THE SERVICE OR IN THE TRANSMISSION OF SUCH INFORMATION, NOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OF WHATEVER NATURE) ARISING FROM THE ABOVE; NEITHER SHALL CME, OR ANY OTHER PARTY INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM CUSTOM- ER'S USE OF THE LICENSED PRODUCT. CUSTOMER SHALL DEFEND, INDEMNIFY AND IS FOR INFORMATIONAL PURPOSES ONLY. HOLD CME, OR ANY DISPUTESOTHER PARTY INVOLVED IN INFORMATION DISTRIBUTION PERTINENT TO THIS AGREEMENT, DISAGREEMENTS, FINESFREE FROM ANY ACTIONS, CLAIMS, PROCEEDINGS, OR LAWSUITS ARISING OUT LIABILITIES WITH RESPECT TO THIS DIS- CLAIMER. IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE, CME, ITS DIRECTORS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE IN ANY EVENT BEYOND THE PROJECT BETWEEN OWNER SUM EQUAL TO ONE YEAR'S FEES PAID BY CUSTOMER TO CME. SUCH DIS- CLAIMER AND AUDITOR/CONTRACTOR ARE INDEMNITY SHALL SURVIVE THE SOLE RESPONSIBILITY TERMINATION OF THE OWNER AND OWNER EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS CITY FROM SAME. PARTICIPANT AGREES THAT IT IS HIS/HER RESPONSIBILITY TO SEE THAT THE AUDITOR/CONTRACTOR COMPLETES THE WORK SPECIFIED AND THAT CITY HAS NOT RESPONSIBILITY FOR ANY FAULTY OR INCOMPLETE WORK OF THE AUDITOR/CONTRACTOR. PARTICIPANT ALSO AGREES THAT HIDDEN OR LATENT CONDITIONS ARE NOT THE RESPONSIBILITY OF THE CITY, NOR IS CITY LIABLE FOR SUCH CONDITIONS. PARTICIPANT AGREES TO RELEASE THE CITY AGAINST ANY CLAIMS, FINES, DAMAGES, PENALTIES, LAWSUITS OR JUDGEMENTS ARISING OUT OF THE SMART ENERGY LOAN PROGRAM AND AUDITORS AND/OR CONTRACTOR’S RECOMMENDATIONS OR WORKTHIS AGREEMENT.