Common use of IN ADDITION TO Clause in Contracts

IN ADDITION TO. ANY OTHER INDEMNITY CONTAINED IN THIS AGREEMENT, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE INSPERITY INDEMNIFIED PARTIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, OR EXPENSE (INCLUDING COST OF INVESTIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES) AND CLAIMS FOR DAMAGE OF ANY NATURE WHATSOEVER INCLUDING CLAIMS CAUSED ALL OR IN PART BY YOUR OWN NEGLIGENCE, WHETHER KNOWN OR UNKNOWN AND WHETHER DIRECT OR INDIRECT, AS THOUGH EXPRESSLY SET FORTH AND DESCRIBED HEREIN, WHICH INSPERITY INDEMNIFIED PARTIES MAY INCUR, SUFFER, BECOME LIABLE FOR OR WHICH MAY BE ASSERTED OR CLAIMED AGAINST INSPERITY INDEMNIFIED PARTIES WITH RESPECT TO ANY ORDERING DOCUMENT FOR PROFESSIONAL SERVICES OR YOUR USE OF ANY REPORT OR OTHER INFORMATION PROVIDED BY US UNDER AN ORDERING DOCUMENT. THE PROVISIONS CONTAINED IN THIS SECTION WILL BE DEEMED TO BE CONTRACTUAL IN NATURE AND WILL SURVIVE TERMINATION OF THIS AGREEMENT. THE DAMAGE LIMITATIONS CONTAINED IN SECTION 7.C OF THE MASTER TERMS AND CONDITIONS WILL NOT APPLY TO THE INDEMNITY OBLIGATION CONTAINED IN THIS SECTION.

IN ADDITION TO. ANY OTHER INDEMNITY CONTAINED IN THIS AGREEMENT, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE INSPERITY INDEMNIFIED PARTIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, OR EXPENSE (INCLUDING COST OF INVESTIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES) AND CLAIMS FOR DAMAGE OF ANY NATURE WHATSOEVER INCLUDING CLAIMS CAUSED ALL OR IN PART BY YOUR OWN NEGLIGENCE, WHETHER KNOWN OR UNKNOWN AND WHETHER DIRECT OR INDIRECT, AS THOUGH EXPRESSLY SET FORTH AND DESCRIBED HEREIN, WHICH INSPERITY INDEMNIFIED PARTIES MAY INCUR, SUFFER, BECOME LIABLE FOR OR WHICH MAY BE ASSERTED OR CLAIMED AGAINST INSPERITY INDEMNIFIED PARTIES WITH RESPECT TO ANY ORDERING DOCUMENT FOR PROFESSIONAL SERVICES OR YOUR USE OF ANY REPORT OR OTHER INFORMATION PROVIDED BY US UNDER AN ORDERING DOCUMENT. THE PROVISIONS CONTAINED IN THIS SECTION WILL BE DEEMED TO BE CONTRACTUAL IN NATURE AND WILL SURVIVE TERMINATION OF THIS AGREEMENT. THE DAMAGE LIMITATIONS CONTAINED IN SECTION 7.C OF THE MASTER TERMS AND CONDITIONS WILL NOT APPLY TO THE INDEMNITY OBLIGATION CONTAINED IN THIS SECTION.. TERMS FOR THE TIMESIMPLICITY™ SCHEDULER (Insperity Partner Offering Add-On to TimeStar®)‌

IN ADDITION TO. ANY OTHER INDEMNITY CONTAINED INDEMNIFICATIONS HEREIN OR IN THIS AGREEMENTANY OTHER LOAN DOCUMENTS, YOU HEREBY THE BORROWER AND EACH GUARANTOR, JOINTLY AND SEVERALLY, AGREE TO INDEMNIFY, INDEMNIFY AND DEFEND AND HOLD HARMLESS ON A CURRENT BASIS THE INSPERITY INDEMNIFIED PARTIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITYLIABILITIES, OR EXPENSE (INCLUDING COST OF INVESTIGATIONLOSSES, COURT COSTS DAMAGES, COSTS, INTEREST, CHARGES, COUNSEL FEES AND REASONABLE ATTORNEYS' FEES) OTHER EXPENSES AND CLAIMS FOR DAMAGE PENALTIES OF ANY NATURE WHATSOEVER INCLUDING CLAIMS CAUSED ALL OR IN PART BY YOUR OWN NEGLIGENCE, WHETHER KNOWN OR UNKNOWN AND WHETHER DIRECT OR INDIRECT, AS THOUGH EXPRESSLY SET FORTH AND DESCRIBED HEREIN, KIND WHICH INSPERITY ANY OF THE INDEMNIFIED PARTIES MAY INCURSUSTAIN OR INCUR IN CONNECTION WITH ANY INVESTIGATIVE, SUFFER, BECOME LIABLE FOR ADMINISTRATIVE OR WHICH MAY JUDICIAL PROCEEDING (WHETHER OR NOT THE ADMINISTRATIVE AGENT OR ANY LENDER SHALL BE ASSERTED DESIGNATED A PARTY THERETO) OR CLAIMED AGAINST INSPERITY INDEMNIFIED PARTIES WITH RESPECT TO OTHERWISE BY REASON OF OR ARISING OUT OF THE EXECUTION AND DELIVERY OF THIS AGREEMENT OR ANY ORDERING DOCUMENT FOR PROFESSIONAL SERVICES OF THE OTHER LOAN DOCUMENTS AND/OR YOUR USE THE CONSUMMATION OF ANY REPORT THE TRANSACTIONS CONTEMPLATED HEREBY OR OTHER INFORMATION PROVIDED BY US UNDER AN ORDERING DOCUMENTTHEREBY. THE INDEMNIFICATION PROVISIONS CONTAINED IN THIS SECTION WILL SHALL BE DEEMED ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED ON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK SALES LAW, ENVIRONMENTAL LAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, SECURITIES OR OTHER LEGAL REQUIREMENT), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR OF ANY OTHER INDEMNIFIED PARTY, OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED ON THE PERSON SEEKING INDEMNIFICATION OR ON ANY OTHER INDEMNIFIED PARTY, BUT SHALL NOT APPLY TO BE CONTRACTUAL IN NATURE ANY LIABILITIES, LOSSES, DAMAGES, COSTS, INTEREST, CHARGES, FEES, EXPENSES OR PENALTIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF THE INDEMNIFIED PARTY SEEKING INDEMNIFICATION UNDER THIS SECTION; WITH THE FOREGOING INDEMNITY SURVIVING SATISFACTION OF ALL OBLIGATIONS AND WILL SURVIVE THE TERMINATION OF THIS AGREEMENT. AGREEMENT UNLESS ALL SUCH OBLIGATIONS HAVE BEEN SATISFIED WHOLLY IN CASH FROM THE DAMAGE LIMITATIONS CONTAINED BORROWER AND THE GUARANTORS AND NOT BY WAY OF REALIZATION AGAINST ANY COLLATERAL OR THE CONVEYANCE OF ANY PROPERTY IN SECTION 7.C LIEU THEREOF, AND PROVIDED THAT SUCH INDEMNITY SHALL NOT EXTEND TO ANY CLAIM, LOSS, DAMAGE, LIABILITY, FINE, PENALTY, CHARGE, PROCEEDING, ORDER, JUDGMENT, ACTION, OR REQUIREMENT ARISING FROM THE ACTS OR OMISSIONS OF ANY INDEMNIFIED PARTY SUBSEQUENT TO ANY INDEMNIFIED PARTY BECOMING THE MASTER TERMS AND CONDITIONS WILL NOT APPLY TO THE INDEMNITY OBLIGATION CONTAINED IN THIS SECTIONOWNER OF SUCH PROPERTY.

IN ADDITION TO. THE STATUTORY LANDLORD'S LIEN, -------------- TENANT HEREBY GRANTS TO LANDLORD A SECURITY INTEREST TO SECURE PAYMENT OF ALL RENT AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, UPON ALL GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, AND OTHER PERSONAL PROPERTY OF TENANT SITUATED IN OR UPON THE PREMISES, TOGETHER WITH THE PROCEEDS FROM THE SALE OR LEASE THEREOF, SUCH PROPERTY SHALL NOT BE REMOVED WITHOUT THE CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AND OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT, LANDLORD MAY, IN ADDITION TO ANY OTHER INDEMNITY CONTAINED IN THIS AGREEMENTREMEDIES PROVIDED HEREIN OR BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND ENTER UPON THE PREMISES AND HOLD THE INSPERITY INDEMNIFIED PARTIES, HARMLESS FROM AND AGAINST TAKE POSSESSION OF ANY AND ALL LIABILITYGOODS, WARES, EQUIPMENT, FIXTURES, AND OTHER PERSONAL PROPERTY OF TENANT SITUATED ON THE PREMISES WITHOUT LIABILITY OF TRESPASS OR EXPENSE CONVERSION, AND SELL THE SAME AT PUBLIC OR PRIVATE SALE, WITH OR WITHOUT HAVING SUCH PROPERTY AT THE SALE, AFTER GIVING TENANT REASONABLE NOTICE OF THE TIME AND PLACE OF ANY SUCH SALE. UNLESS OTHERWISE REQUIRED BY LAW, NOTICE TO TENANT OF SUCH SALE SHALL BE DEEMED SUFFICIENT IF GIVEN IN THE MANNER PRESCRIBED IN THIS LEASE AT LEAST TEN (10) DAYS BEFORE THE TIME OF THE SALE. ANY PUBLIC SALE MADE UNDER THIS PARAGRAPH SHALL BE DEEMED TO HAVE BEEN CONDUCTED IN A COMMERCIALLY REASONABLE MANNER IF HELD IN THE PREMISES OR WHERE THE PROPERTY IS LOCATED, AFTER THE TIME, PLACE, AND METHOD OF SALE AND A GENERAL DESCRIPTION OF THE TYPES OF PROPERTY TO BE SOLD HAVE BEEN ADVERTISED IN A DAILY NEWSPAPER PUBLISHED IN XXXXXX COUNTY, TEXAS, FOR FIVE (5) CONSECUTIVE DAYS BEFORE THE DATE OF THE SALE. LANDLORD OR ITS ASSIGNS MAY PURCHASE AT A PUBLIC SALE AND, UNLESS PROHIBITED BY LAW, AT A PRIVATE SALE. THE PROCEEDS FROM ANY DISPOSITION DEALT WITHIN THIS PARAGRAPH, LESS ANY AND ALL EXPENSES CONNECTED WITH THE TAKING OF POSSESSION, HOLDING, AND SELLING OF PROPERTY (INCLUDING COST OF INVESTIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES) FEES AND CLAIMS LEGAL EXPENSES), SHALL BE APPLIED AS A CREDIT AGAINST THE INDEBTEDNESS SECURED BY THE SECURITY INTEREST GRANTED HEREIN. ANY SURPLUS SHALL BE PAID TO TENANT OR AS OTHERWISE REQUIRED BY LAW; TENANT SHALL PAY ANY DEFICIENCIES FORTHWITH. UPON REQUEST BY LANDLORD, TENANT AGREES TO EXECUTE AND DELIVER TO LANDLORD A FINANCING STATEMENT IN FORM SUFFICIENT TO PERFECT THE SECURITY INTEREST OF LANDLORD IN THE AFOREMENTIONED PROPERTY AND PROCEEDS THEREOF UNDER THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE IN FORCE IN THE STATE OF TEXAS. THE STATUTORY LIEN FOR DAMAGE RENT IS EXPRESSLY RESERVED; THE SECURITY INTEREST HEREIN GRANTED IS IN ADDITION AND SUPPLEMENTARY THERETO. NOTWITHSTANDING THE FOREGOING, THIS LANDLORD'S LIEN SHALL BE SUBORDINATE TO ANY LIENS PROVIDED BY TENANT OR A-G GEOPHYSICAL PRODUCTS, INC. TO LANDLORD RESPECTING THE SECURITY DOCUMENTS EXECUTED OF EVEN DATE HEREWITH BY THE PARTIES IN CONNECTION WITH THE PURCHASE BY TENANT OF THE BUSINESS OF A-G GEOPHYSICAL PRODUCTS, INC., OR FOR ANY LIEN FOR THE PURCHASE BY TENANT OF ANY NATURE WHATSOEVER INCLUDING CLAIMS CAUSED ALL FURNITURE, EQUIPMENT, INVENTORY OR IN PART BY YOUR OWN NEGLIGENCE, WHETHER KNOWN OR UNKNOWN AND WHETHER DIRECT OR INDIRECT, AS THOUGH EXPRESSLY SET FORTH AND DESCRIBED HEREIN, WHICH INSPERITY INDEMNIFIED PARTIES MAY INCUR, SUFFER, BECOME LIABLE FOR OR WHICH MAY BE ASSERTED OR CLAIMED AGAINST INSPERITY INDEMNIFIED PARTIES WITH RESPECT TO ANY ORDERING DOCUMENT FOR PROFESSIONAL SERVICES OR YOUR USE OF ANY REPORT OR OTHER INFORMATION PROVIDED BY US UNDER AN ORDERING DOCUMENT. THE PROVISIONS CONTAINED IN THIS SECTION WILL BE DEEMED TO BE CONTRACTUAL IN NATURE AND WILL SURVIVE TERMINATION OF THIS AGREEMENT. THE DAMAGE LIMITATIONS CONTAINED IN SECTION 7.C OF THE MASTER TERMS AND CONDITIONS WILL NOT APPLY TO THE INDEMNITY OBLIGATION CONTAINED IN THIS SECTIONPERSONAL PROPERTY.

IN ADDITION TO. OUR WARRANTIES UNDER OUR TERMS OF USE, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF OUR SERVICES (B) WILL RESULT IN ANY OTHER INDEMNITY CONTAINED REQUESTS FOR QUOTES OR SALES OF SERVICE/GOODS PROVIDER GOODS OR SERVICES OR THAT THE SERVICE/GOODS PROVIDER WILL ACCEPT AN ORDER. WE OPERATE AS AN ON- DEMAND LEAD GENERATION AND RELATED SERVICES IN THIS AGREEMENTTERMS OF SERVICE/GOODS PROVIDERS GOODS AND SERVICES AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE SERVICE/GOODS PROVIDER OR QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. BY USING OUR SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE INSPERITY INDEMNIFIED PARTIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, OR EXPENSE (INCLUDING COST OF INVESTIGATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES) AND CLAIMS FOR DAMAGE OF ANY NATURE WHATSOEVER INCLUDING CLAIMS CAUSED ALL OR IN PART BY YOUR OWN NEGLIGENCE, WHETHER KNOWN OR UNKNOWN AND WHETHER DIRECT OR INDIRECT, AS THOUGH EXPRESSLY SET FORTH AND DESCRIBED HEREIN, WHICH INSPERITY INDEMNIFIED PARTIES MAY INCUR, SUFFER, BECOME LIABLE FOR OR WHICH THAT YOU MAY BE ASSERTED INTRODUCED TO A THIRD PARTY AND THEIR GOODS OR CLAIMED AGAINST INSPERITY INDEMNIFIED SERVICES THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES OR YOUR PROPERTY. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO ANY ORDERING DOCUMENT FOR PROFESSIONAL SERVICES OR YOUR INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES. 15.3. WE DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES MAY BE UNAVAILABLE AT ANY REPORT TIME AND FOR ANY REASON (e.g., DUE TO EMERGENCY - OR SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER INFORMATION PROVIDED BY US UNDER AN ORDERING DOCUMENT. THE PROVISIONS CONTAINED IN THIS SECTION WILL BE DEEMED TO BE CONTRACTUAL IN NATURE AND WILL SURVIVE TERMINATION OF THIS AGREEMENT. THE DAMAGE LIMITATIONS CONTAINED IN SECTION 7.C OF THE MASTER TERMS AND CONDITIONS WILL NOT APPLY TO THE INDEMNITY OBLIGATION CONTAINED IN THIS SECTIONDAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.