Indemnification and Waiver of Claims Sample Clauses
Indemnification and Waiver of Claims. Tenant indemnifies Landlord and waives claims as follows:
Indemnification and Waiver of Claims. 12.01 Tenant waives all claims against Landlord for damage to any property in or about the Premises and for injury to any persons, including death resulting therefrom, regardless of cause or time of occurrence. Tenant will defend, indemnify and hold Landlord harmless from and against any and all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from any use of the Premises by Tenant, its employees, agents, visitors or licensees, including, without limitation, any failure of Tenant to comply fully with all of the terms and conditions of this Lease except for any damage or injury which is the direct result of intentional acts by Landlord, its employees, agents, visitors or licensees.
Indemnification and Waiver of Claims. 16.1 YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UTC AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UTC FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. . THIS SECTION SHALL SURVIVE THE AGREEMENT.
Indemnification and Waiver of Claims. Participant agrees to indemnify, hold harmless and defend PTI from any and all liability, loss, expenses, or damage, including court costs and attorney’s fees, PTI may suffer as a result of any matter arising from any action undertaken by PTI pursuant to this agreement, including, without limitation, any claims, demands, costs, or judgments against it arising from the testing or certification of Participant’s systems by PTI, or from Participant’s use of the Certification Xxxx, or from the use or operation of the certified systems or any certificate issued under this application whether the liability, loss, expense, or damage is caused by, or arises out of negligence by PTI or its officers, agents, employees, or otherwise. Participant further agrees that it hereby waives any claim it may have against PTI arising from any action undertaken by PTI pursuant to this agreement, including, without limitation, the accidental or negligent release of data by PTI or from the negligent performance of tests by PTI.
Indemnification and Waiver of Claims. 12.01 Except as provided below, Tenant waives all claims against Landlord for damage to any property in or about the Premises and for injury to any persons, including death resulting therefrom, regardless of cause or time of occurrence. Without limiting the foregoing, Landlord shall not be liable for injury or damage to persons or goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers, or any other person in or about the Project, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water, or rain, or from the breakage, leakage, obstruction, or other defects or pipes, fire sprinklers, wares, appliances, plumbing, HVAC, or lighting fixtures, or from any other cause, whether said injury or damage results from conditions arising upon the Premises or upon other portions of the Project, or from other sources or places. Tenant undertakes and hereby does defend, indemnify and hold Landlord harmless from and against any and all claims, actions, proceedings, demands, damages, liabilities, costs, and expenses, including, without limitation, attorney's fees, arising out of, connected with, or resulting from any use of the Premises by Tenant, its employees, agents, visitors, invitees, contractors, or licensees, except to the extent any damage or injury is ultimately determined to be caused by the negligence or willful misconduct of Landlord. Notwithstanding the foregoing, Tenant shall in all cases accept any tender of defense of any action or proceeding in which Landlord is named or made a party (other than suit brought by Tenant as a result of Landlord's breach of this Lease) and shall, notwithstanding any allegations of negligence or misconduct on the part of Landlord, defend Landlord as provided herein, but Landlord shall, subject to Section 11.05, indemnify Tenant for such damage or injury to the extent and in proportion that the same is ultimately determined to be attributable to the negligence or willful misconduct of Landlord. In the event Tenant does not undertake the duty to defend Landlord as provided herein, Landlord may do so on its own and charge Tenant monthly for all attorney's fees and costs incurred by Landlord in connection with such defense, which charges shall be due and payable hereunder as Additional Rent upon demand. The obligations of Tenant under this Section 12.01 shall survive the expiration or earlier termination of this Lease.
Indemnification and Waiver of Claims. 12.01 Except to the extent caused by the gross negligence or intentional misconduct of Landlord, Tenant waives all claims against Landlord for damage to any property in or about the Premises and for injury to any persons, including death resulting therefrom, regardless of cause or time of occurrence. Tenant will defend, indemnify and hold Landlord harmless from and against any and all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from any use of the Premises by Tenant, its employees, agents, visitors or licensees, including, without limitation, any failure of Tenant to comply fully with all of the terms and conditions of this Lease except for any damage or injury which is the direct result of intentional misconduct by Landlord, its employees, agents, visitors or licensees. Landlord will defend, indemnify, and hold Tenant, its employees, agents, visitors, or licensees harmless from and against any and all claims, actions, proceedings, expenses, damages, and liabilities, including reasonable attorney's fees, caused by the gross negligence or intentional misconduct of Landlord.
Indemnification and Waiver of Claims. Landlord and Tenant hereby acknowledge and agree that the terms and provisions of Sections 2, 4, 5, 11, 13, 16, 19, 23, 28 and 29 of the Lease shall apply during the period commencing with Landlord's Work, through and including the Additional Space Commencement Date (including during the Term).
Indemnification and Waiver of Claims. 12.01 Lessee hereby waives, and releases and discharges Lessor from all claims, demands, liability and causes of action hereafter arising against Lessor in connection with any loss or damage to any improvements, equipment or other property of Lessee or others on or about the Premises (including without limitation any damages resulting from the loss of use thereof and any other consequential damages), any personal or bodily injury or the death of any person, regardless of the cause or time thereof or whether caused by the negligence of Lessor or any person or entity for whose acts Lessor is liable or responsibIe Lessee will defend, indemnify and hold Lessor harmless from and against any and all claims, actions, proceedings, expenses, damages and liabilities, including attorneys' fees arising out of, connected with, or resulting from, any use of the Premises by Lessee or its agents, employees, contractors or invitees. This waiver and indemnification includes, without limitation, any failure of Lessee to fully comply with all of the terms and conditions of this Lease, and excepts only any damage or injury which is the direct result of intentionally wrongful acts of Lessor or its agents or employees.
Indemnification and Waiver of Claims. Buyer hereby agrees to waive, and release Seller, to indemnify and hold Seller harmless from and against any and all losses, claims, damages, expenses or liabilities, known and/or unknown, joint or several, to which Buyer may become subject under Federal and/or State Securities Acts, Federal and/or State anti-Racketeering laws (e.g. "RICO"), the Washington State Consumer Protection Act, or under any other statutes (United States, State, territory or foreign) or at common law or otherwise arising out of, related to, or connected with Sellers' status as officers and directors of Keystone Silver Mines, Inc., an Idaho Corporation. Seller agrees upon his receipt of written notice of the commencement of any action against Seller as aforesaid, in respect of which indemnity may be sought from Buyer on account of the indemnity agreement contained in this subsection, to notify Buyer promptly in writing of the commencement thereof. Buyer, his affiliates, subsidiaries, heirs, executors, assigns, and all other persons claiming by, through, or under Buyer (hereinafter individually and collectively "Buyer"), hereby release, acquit waive, disclaim, discharge, and agree to indemnify and hold harmless Keystone Silver Mines, Inc., its successors, assigns, subsidiaries, agents, officers, directors, and affiliates, from and against any and all claims, demands, disputes, defaults, liabilities, damages, actions, causes of action or suits of any kind or nature whatsoever, known or unknown, direct or indirect, Buyer has or claims to have against Keystone Silver.
Indemnification and Waiver of Claims. 8.1. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device, and you agree to defend, indemnify and hold harmless Xxxxx Group against any and all liability for any such use that fails to comply with this Terms of Service. You agree to defend, indemnify and hold harmless Xxxxx Group from any and all claims and/or liability for damages, personal injury, death, fines, penalties, costs, expenses, losses, lost profit, lost revenue, property damage, attorneys’ fees, and any and all other damages of whatever kind and nature relating to or arising out of the Service, the use of or inability to use the Service, the absence, failure or outage of the Service, the inability to dial 911 or E911 to access emergency service personnel, the inability to dial security, law enforcement or fire prevention/ protection services or systems, the Device, the use of and/or inability to use the Device, the installation of the Device, and/or this Terms of Service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct. This section shall survive the applicable Agreement or Terms of Service.