Indemnification; Release of Liability. Licensee hereby agrees to indemnify, defend, save and hold harmless the Venue, Global Spectrum, L.P., Ovations Food Services, L.P., the owner of the Facility, Mercer County Improvement Authority, Mercer County and any other present or future lender providing financing to the owner of the Facility in connection with the construction or operation of the Facility, and their respective successors and assigns, and each of their respective partners, agents, officers, directors, employees and representatives (collectively, "Indemnitees") from and against any and all claims, suits, losses, injuries, damages, liabilities and expenses, including, without limitation, reasonable attorneys' fees and expenses (“Claims or Costs”), occasioned in connection with, arising or alleged to arise from, wholly or in part, (i) any breach of this Agreement by Licensee, or (ii) the exercise by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation or order, of or by Licensee or any of its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, servants, players, guests, or invitees, participants or artists appearing in the Event (including support personnel in connection with the presentation of the Event), persons assisting Licensee (whether on a paid or voluntary basis) or any person admitted to the Facility by Licensee, during the Term or any other time while the Facility (or any part thereof) is used by or are under the control of Licensee, which shall include any and all COVID-19 related Claims or Costs asserted or alleged against Indemnitees arising out of the Event. Licensee shall be obligated to indemnify, defense, save and hold harmless Indemnitees for COVID-19 related Claims or Costs regardless of whether the Venue is alleged to have been negligent, in whole or in part. It is further the intent of this Agreement that this indemnity provision shall apply to any claims made by employees of Licensee against the Venue, and this Agreement is deemed a written agreement for indemnity under the workers’ compensation laws of the state where the Facility is located. The Venue makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws by the Facility for any aspect of Licensee’s intended use. Licensee further agrees that the Facility is being provided "AS IS", "WHERE IS" and ...
Indemnification; Release of Liability. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
Indemnification; Release of Liability. (1) Market Participant agrees to indemnify and save and hold harmless the NYISO, and all of its officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims or demands, including attorney’s fees, (collectively, “Damages”) whatsoever suffered or incurred by such parties resulting, arising from or relating to Market Participant’s breach of any of its agreements, covenants, representations or warranties contained herein, except for those Damages resulting from the NYISO’s gross negligence or intentional misconduct.
(2) Market Participant hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the Auctions, except with respect to any gross negligence or intentional misconduct on the part of the NYISO, its officers, directors, employees, or agents.
Indemnification; Release of Liability. Xxxxxxxxx agrees it will indemnify, defend, and hold harmless the City, its officers, employees, agents, and contractors from any and all claims or causes of action, of any nature, arising or purportedly arising out of actions of Developer, its officers, employees, agents, or contractors in connection with this Agreement. The Developer agrees to assume the entire risk, responsibility, payment and liability for all actions, claims, demands, liabilities, losses, damages or injury to all persons, whether employees or otherwise, and to all property, arising out of, resulting from, relating to or in any manner connected with the Developer’s acts or omissions. Without limiting the foregoing, the indemnification obligation of the Developer shall include the obligation and duty to defend the City, from and against all claims, lawsuits, actions or other matters relating to or in any manner arising from the Developer’s indemnification obligations. The Developer hereby releases and forever discharges the City from any and all claims or causes of which may result from a loss of the tax increments as provided herein, whether by legislative action or judicial decision. The Developer understands and agrees that the tax increment financing which is to be provided to the Developer pursuant to Chapter 40- 58 of the North Dakota Century Code is solely dependent upon the validity of said provisions and compliance with all of the provisions contained therein. The Developer has satisfied itself as to such validity and compliance and hereby waives any and all claims and causes of actions which it has or may have against the City in the event of loss of the tax exemption for any reason.
Indemnification; Release of Liability. Client shall indemnify, defend and save Designer harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Designer's services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Designer including, but not limited to, all attorneys' fees, costs and expenses incurred should Designer be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Designer and its agents, o cers and directors from liability for any and all claims, costs, suits and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. In the absence of negligence, the Designer will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Designer will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of proɦts, business interruptions, loss of information, story plagiarism, etc. Designer can be held accountable for artwork plagiarism as well as use of stock and fonts without commercial license.
Indemnification; Release of Liability. The Lessee shall have the full responsibility of the Unit’s operation, including, but not limited to, supervision of the participants in the Unit. Xxxxxx agrees to indemnify and hold Modish Matters harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, liabilities, including, but not limited to, reasonable attorney’s fees and costs arising by reason of injury, damage, or death to persons property, in connection with or resulting from the use of the leased equipment. Lessor and its officers, employees and agents shall not be responsible for any injuries occurred during the use of the Unit. Xxxxxx further agrees to hold the Lessor and its officers, employees and agents free and harmless against any injury or claim; the Lessee shall indemnify and hold harmless the Lessor and its officers, employees and agents from and against any costs incurred due to claims arising out of or in connection with the use and safe return of the Units. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Modish Matters cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Xxxxxx also agrees to indemnify and hold harmless Modish Matters from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Indemnification; Release of Liability. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold
Indemnification; Release of Liability. Client shall indemnify, defend and save Service Provider
Indemnification; Release of Liability. CONTRACTOR SHALL RELEASE FROM LIABILITY, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT, ERROR OR OMISSION.
Indemnification; Release of Liability. The undersigned Guests/Occupants understand and acknowledge that the Owner, Manager or Agent is not responsible for loss, damage or theft of Guest’s/Occupant’s personal property and that they bear the financial responsibility for the rental contracted for loss, damage or theft of guest’s, occupant’s and invitees’ personal property and for malicious, negligent or incidental damages to the property by any occupant(s), guest(s) or vendors(s) invited onto the property and are the only occupants with legal standing in any matter(s) of dispute or litigation which might arise pursuant to, or in consequence of, any accommodations or services provided or as substituted under the rental agreement. Guests/Occupants acknowledge and agree that Agent, Owner or Manager shall not be held liable for any loss, expense, damage or claim for injury whether direct, indirect, consequential or otherwise; whatsoever or howsoever caused or incurred; whether arising in contract or otherwise in law or in equity as a result of the rendering or the services or accommodations as herein described or as substituted and including, without restricting the generality of the foregoing, the result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of accommodations or services by Agent, Owner or Manager or by reason of military actions, revolution, acts of God, or by agents, employees, subcontractors, servants or third parties whatsoever in supplying any of the accommodations or services as described herein or as substituted. Payment may be made in the form of check, or credit card. We accept credit card payment via Visa or Master Card.
