Indemnification and Assumption of Risk. By executing this Application, the Applicant, upon becoming a Club Member, agrees to indemnify, defend and hold the Club (and its owners, officers, employees and other agents) harmless from and against any and all liabilities, costs (including reasonable attorneys’ fees), claims, demands or damages incident to or arising out of the acts or omissions of the Applicant, his or her Family members or Guests, arising out of or relating to the use or occupancy of the Club Facilities. In addition, Applicant agrees to hold the Club (and its owners, officers, employees and other agents) harmless from any and all damage to the Applicant’s person or property, and the person or property of the Applicant’s Family and Guests arising out of or relating to the use or occupancy of the Club Facilities.
Indemnification and Assumption of Risk. 16.1 Licensee shall indemnify and hold University harmless from and against any claim, demand, cause of action, fine, penalty, damage, loss, liability, expense or judgment (including, without limitation, reasonable investigation and attorney’s fees, both at trial and on any appeal or up to any settlement) arising from or related to:
(a) the use or occupancy of the Premises or other University property by Licensee, its agents, contractors, employees, or invitees, expressly including but not limited to any conduct, activity, omission, or operation involving the use, handling, generation, treatment, storage, disposal, or other management or relicense of any
(b) death, personal injury, and/or property damage resulting from any act or omission of Licensee, its agents, contractors, employees or invitees; or
(c) any failure by Licensee to perform or comply with any of Licensee’s covenants, obligations or liabilities hereunder.
16.2 Licensee hereby assumes all risk of loss, theft, misappropriation, damage to or destruction of its intellectual property, equipment, trade fixtures, materials, experiments, tools, samples, specimens, or other personal property kept or stored in the Premises, and waives any and all claims related thereto against University.
16.3 The obligations and liabilities of Licensee under this Section 16 shall survive the expiration or other termination of this License.
Indemnification and Assumption of Risk. By executing this Agreement, Applicant(s) hereby agrees to indemnify, defend and hold Worthington Manor Golf Club (and their respective owners, directors, partners, officers, operators, employees and other agents) harmless from and against any and all liabilities, costs (including reasonable attorney’s fees), claims, demands or damages incident to or arising out of or relating to the acts or omissions of Applicant, their Family or guest(s), and their respective use or occupancy of the Facilities. In addition, by executing this Agreement, Applicant hereby voluntarily assumes all risks of accident or damage to Applicant’s person or property, and the person or property of Applicant’s Family and guests, arising out of or relating to the use or occupancy of the Facilities.
Indemnification and Assumption of Risk. By executing this Agreement, Applicant(s) hereby agrees to indemnify, defend and hold Worthington Manor Golf Club (and their respective owners, directors, partners, officers, operators, employees and other agents) harmless from and against any and all liabilities, costs (including reasonable attorney’s fees), claims, demands or damages incident to or arising out of or relating to the acts or omissions of Applicant, their Family or guest(s), and their respective use or occupancy of the Facilities. In addition, by executing this Agreement, Applicant hereby
Indemnification and Assumption of Risk. In consideration for gaining access to 10421 Portal Rd or Defy Gravity Lincoln, NE and engaging the services of Defy Gravity, LLC or any other location within the state of Nebraska, on behalf of myself, my spouse, children, parents, heirs, assigns, personal representatives, estate, and insurers, I hereby RELEASE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE Defy Gravity, LLC, d/b/a Defy Gravity Interactive Funpark, Trampoline Ninja, LLC, or Prismatic Explosion, their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, (herein after collectively referred to as “DG” ), I hereby VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DG from any and all CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, AND EXPENSES (including legal fees and expenses) ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM MY AND/OR MY CHILD(REN)’S PARTICIPATION IN DG ACTIVITIES AND USE OF DG’S EQUIPMENT OR FACILITIES including, but not limited to, any such claims based upon damages caused or alleged to have been caused in whole or in part by the NEGLIGENT ACTS OR OMISSIONS OF DG. In the event I file a lawsuit against DG, I agree to do so solely in the state of Nebraska, and I further agree that the substantive law of Nebraska shall apply in that action and without regard to the conflict of law rules of that state. This agreement is intended to be as broad and inclusive as is permitted by Nebraska law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Indemnification and Assumption of Risk. 16.1 To the fullest extent permitted by law, Licensee shall defend, indemnify and hold University, its trustees, officers, employees, agents and other Center members (collectively, the “Indemnified Parties”) harmless from and against any claim, demand, cause of action, fine, penalty, damage, loss, liability, expense or judgment (including, without limitation, reasonable investigation and attorney’s fees, both at trial and on any appeal or up to any settlement) (collectively, “Claims) arising from or related to: the use or occupancy of the Premises or other University property by Licensee, its agents, contractors, employees, or invitees, expressly including but not limited to any conduct, activity, omission, or operation involving the use, handling, generation, treatment, storage, disposal, or other management or relicense of any Hazardous Substance at, from or to the Premises by Licensee, its agents, contractors, employees, or invitees; infringement or misappropriation of any intellectual property rights; death, personal injury, and/or property damage resulting from any act or omission of Licensee, its agents, contractors, employees or invitees; or any failure by Licensee to perform or comply with any of Licensee’s covenants, obligations or liabilities hereunder. Licensee shall use counsel acceptable to the Indemnified Party or Parties. An Indemnified Party may select its own counsel to participate in the defense of any Claim. Licensee may not settle any Claim in a manner that imposes liability or obligation on any Indemnified Party.
16.2 To the maximum extent permitted by law, Licensee’s activities on and use of the Premises shall be at Licensee’s sole risk, and Licensee hereby assumes all risk of loss, theft, misappropriation, damage to or destruction of its intellectual property, equipment, trade fixtures, materials, experiments, tools, samples, specimens, or other personal property kept or stored in the Premises, and waives any and all claims related thereto against University. In no event shall University be liable for loss of business, loss of goodwill, loss of profits, loss of anticipated funding, loss or damage to data, third party claims, or any indirect, consequential, incidental, exemplary, or punitive damages, regardless of whether the University was aware of the possibility of such damages. In no event shall University’s aggregate liability under this agreement exceed $100,000.
16.3 The obligations and liabilities of Licensee under this Sectio...
Indemnification and Assumption of Risk. By executing this Agreement, Applicant hereby agrees to indemnify, defend and hold the Owner and the Club (and their respective members, managers, officers, employees, agents or affiliates, successors and assigns) harmless from and against any and all liabilities, costs (including reasonable attorneys’ fees), claims, demands or damages incident to or arising out of the acts or omissions of Applicant and/or Applicant’s Co-Members and Guests, and/or arising out of or relating to the use or occupancy of the Club Facilities by Applicant and/or Applicant’s Co-Members and Guests. By executing this Agreement, Applicant hereby voluntarily assumes all risks of accident or damage to Applicant’s person or property, and the person or property of Applicant’s Co-Members and Guests, arising out of or relating to the use or occupancy of the Club Facilities by Applicant and/or Applicant’s Co- Members and Guests. The provisions of this Section 13 shall survive any termination of Applicant’s Membership.
Indemnification and Assumption of Risk. Exhibitor shall indemnify Show Management and Facility, and their parent and subsidiary companies, shareholders, officers, employees, agents and contractors, against all third party losses, damages, claims, demands, actions, penalties, judgments and liabilities (including court costs and reasonable attorneys’ fees) to the extent of any negligent acts or omissions of Exhibitor or any of Exhibitor’s EACs related to the Event, including, without limitation, any activities they may be conducting at the Event, or from any breach by Exhibitor of any term of this contract. Exhibitor assumes full responsibility for any risk of bodily injury, death or property damage or loss arising out of or related to Exhibitor's participation at the Event, whether caused by negligence, intentional act or otherwise. The parties intend that this indemnification and assumption of risk be construed as broadly as permitted by law.
Indemnification and Assumption of Risk. (a) The Borrowers hereby instruct the Agent to pay any draft complying with the terms of any Letter of Credit irrespective of any instructions of any of the Borrowers to the contrary. The Borrowers further hereby instruct the Agent, at the Agent's option, to pay any amounts demanded by PNC under either or both of the PEDFA Participation and Reimbursement Agreements in accordance with the provisions of the PEDFA Participation and Reimbursement Agreements, irrespective of any instructions of any of the Borrowers to the contrary.
(b) The Agent, the Lenders and each of their respective branches, Affiliates and/or correspondents shall not be responsible for, and the Borrowers hereby indemnify and hold the Agent, the Lenders and their respective branches, Affiliates and/or correspondents harmless from and against all liability, loss and out of pocket expense (including reasonable attorney's fees and costs) incurred by the Agent, any of the Lenders and/or any of their respective branches, Affiliates and/or correspondents relative to and/or as a consequence of:
(i) any failure by any of the Borrowers to perform any obligations under this Section 2.2 or under any Letter of Credit Agreement,
(ii) the issuance of any Letter of Credit and any draft, draw and/or acceptance under or purported to be under any Letter of Credit, other than as a result of the Agent's willful misconduct or gross negligence,
(iii) any action taken or omitted by the Agent, any of the Lenders and/or any of their respective branches, Affiliates and/or correspondents at the request of any of the Borrowers,
(iv) any failure or inability of the Agent to perform in accordance with the terms of any Letter of Credit or in accordance with the terms of either or both of the PEDFA Participation and Reimbursement Agreements, by reason of any control or restriction rightfully or wrongfully exercised by any DE FACTO or DE JURE Governmental Authority, group or individual asserting or exercising governmental or paramount powers,
(v) any consequences arising from causes beyond the reasonable control of the Agent, the Lenders and/or their respective branches, Affiliates and/or correspondents, or
(vi) the Agent's agreement to assume liability for the PEDFA Obligations and any demand for payment under either or both of the PEDFA Participation and Reimbursement Agreements, other than as a result of the Agent's willful misconduct or gross negligence, as determined by a court of competent jurisdiction.
(c) As among ...
Indemnification and Assumption of Risk. 10.1. Lessee assumes liability for and hereby agrees to indemnify, defend, and keep harmless Lessor, its agents, employees, officers, directors, successors and assigns, from and against any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, actions, attorney fees, and costs and expenses, of whatever kind and nature, including without limitation claims for personal injury, death, or property damage, arising out of or relating to (i) the transportation, delivery, condition, use, maintenance, repair, or return of the Equipment; (ii) the conduct of Lessee’s business or from any activity, work or thing which may be permitted or suffered by Lessee in or about the Equipment; and (iii) any breach of Lessee’s obligations, representations, or warranties under this Lease. Lessee hereby assumes all risk of damage to property or injury, including death, to persons in or about the Equipment from any cause, and Lessee hereby waives all claims in respect thereof against Lessor. Without limiting the generality of the foregoing, Lessor shall not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to the real or personal property of Xxxxxx, Lessee’s agents, employees, contractors, subcontractors, or invitees, the site owner, or any other person in or about the Equipment; and Lessor shall not be liable for personal injury, including death, to Lessee or Lessee’s agents, employees, contractors, subcontractors, on invitees, the site owner, or any other person in or about the Equipment, whether said damage or injury results from conditions arising in or about the Equipment.
