Common use of Disclaimer of Liability and Indemnification Clause in Contracts

Disclaimer of Liability and Indemnification. Marco does not have any control over whether, or the manner in which, calls using Products, including the 911 Dialing feature, are answered or addressed by any local emergency response or national calling center. Marco disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Marco relies on third parties to assist us in routing 911 Dialing feature calls to local emergency response centers and to a national emergency calling center. MARCO DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER MARCO NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS SHALL BE HELD LIABLE FOR ANY DEMAND, CLAIM, CAUSE OF ACTION, DAMAGE, LIABILITY, OR LOSS WHATSOEVER, AND CLIENT HEREBY WAIVES ANY AND ALL SUCH DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO THE PRODUCTS, INCLUDING THE 911 DIALING FEATURE, AND ANY DEVICE(S) OR EQUIPMENT (COLLECTIVELY, “CLAIMS”), UNLESS AND TO THE EXTENT SUCH CLAIMS RESULTED FROM MARCO’S RECKLESSNESS OR WILLFUL MISCONDUCT. Client shall defend, indemnify, and hold harmless Marco, its shareholders, directors, officers, employees, affiliates and agents and any other service provider who furnishes services to Client in connection with the Product, including the 911 Dialing feature, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney and expert fees) by, or on behalf of, Client or any third party relating to the absence, failure or outage of the Product, including the 911 Dialing feature, incorrectly routed 911 Dialing feature calls, and/or the inability of any user of the Products to be able to use the 911 Dialing feature or access emergency service personnel. SERVICE, CONSIDER HAVING AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES OR TERMINATING THE SERVICE.

Disclaimer of Liability and Indemnification. Marco Xxxxx does not have any control over whether, or the manner in which, calls using Products, including the 911 Dialing feature, are answered or addressed by any local emergency response or national calling center. Marco Xxxxx disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Marco Xxxxx relies on third parties to assist us in routing 911 Dialing feature calls to local emergency response centers and to a national emergency calling center. MARCO XXXXX DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER MARCO XXXXX NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS SHALL BE HELD LIABLE FOR ANY DEMAND, CLAIM, CAUSE OF ACTION, DAMAGE, LIABILITY, OR LOSS WHATSOEVER, AND CLIENT HEREBY WAIVES ANY AND ALL SUCH DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO THE PRODUCTS, INCLUDING THE 911 DIALING FEATURE, AND ANY DEVICE(S) OR EQUIPMENT (COLLECTIVELY, “CLAIMS”), UNLESS AND TO THE EXTENT SUCH CLAIMS RESULTED FROM MARCOXXXXX’S RECKLESSNESS OR WILLFUL MISCONDUCT. Client shall defend, indemnify, and hold harmless Marco, its shareholders, directors, officers, employees, affiliates and agents and any other service provider who furnishes services to Client in connection with the Product, including the 911 Dialing feature, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney and expert fees) by, or on behalf of, Client or any third party relating to the absence, failure or outage of the Product, including the 911 Dialing feature, incorrectly routed 911 Dialing feature calls, and/or the inability of any user of the Products to be able to use the 911 Dialing feature or access emergency service personnel. SERVICE, CONSIDER HAVING AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES OR TERMINATING THE SERVICE.

Disclaimer of Liability and Indemnification. Marco does We do not have any control over whether, or the manner in which, calls using Products, including the our 911 Dialing feature, service are answered or addressed by any local emergency response or national calling center. Marco disclaims We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Marco relies We rely on third parties to assist us in routing 911 Dialing feature calls to local emergency response centers and to a national emergency calling center. MARCO DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULTWe disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER MARCO THE CITY OF TACOMA, UNIVERSITY PLACE, FIFE, PUYALUP, LAKEWOOD, FIRCREST, XXXXXX, OR ANY OTHER PLACE THAT WE PROVIDE SERVICE TO, NOR ITS SHAREHOLDERSOFFICERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS SHALL MAY BE HELD LIABLE FOR ANY DEMAND, CLAIM, CAUSE OF ACTION, DAMAGE, LIABILITY, OR LOSS WHATSOEVERLOSS, AND CLIENT YOU HEREBY WAIVES WAIVE ANY AND ALL SUCH DEMANDS, CLAIMS, CLAIMS OR CAUSES OF ACTION, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO THE PRODUCTS, INCLUDING THE OUR 911 DIALING FEATURE, AND ANY DEVICE(S) OR EQUIPMENT (COLLECTIVELY, “CLAIMS”), SERVICE UNLESS AND TO THE EXTENT SUCH CLAIMS RESULTED OR CAUSES OF ACTION AROSE FROM MARCO’S OUR GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. Client You shall defend, indemnify, and hold harmless MarcoAdvanced Stream Broadband, its shareholdersofficers, directors, officers, employees, affiliates and agents and any other service provider who furnishes services to Client you in connection with the Product, including the 911 Dialing featureService, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney and expert attorneys fees) by, or on behalf of, Client you or any third party relating to the absence, failure or outage of the ProductService, including the 911 Dialing featureDialing, incorrectly routed 911 Dialing feature calls, and/or the inability of any user of the Products Service to be able to use the 911 Dialing feature or access emergency service personnel. SERVICE, CONSIDER HAVING AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES OR TERMINATING THE SERVICE.