Indemnity and Damages. All occupants and attendees agree to take the property ‘as is’ and assume all responsibilities and risks for losses, damage, injury or death, and property damage resulting from occupying the premises and utilizing the facility. This includes all areas such as building, parking lots, and grounds. The user(s) agree that all attendees are under direct and complete control of the user(s) and the user(s) are liable for all damages that may occur during use. Each party agrees to indemnify, defend and hold the other party and that party’s officers, directors, board members, and employees harmless from loss, liability, damages, fines, or costs arising from actual or threatened claims.
Indemnity and Damages. 13.1 Tenant shall indemnify and hold harmless Landlord from and against any and all claims arising from Tenant’s use of the Premises, or from the conduct of Tenant’s business, or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises, and shall further indemnify and hold Landlord harmless from any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant’s, or any of Tenant’s agents, contractors, customers, licensees, or employees, and from and against all reasonable costs, attorney’s fees, expenses and liability incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim. Tenant, upon written notice from Landlord, shall defend the same, at Tenant’s expense, by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk to property or injury to persons in, upon or about the Premises arising from any cause, other than the gross negligence or willful misconduct of Landlord, and Tenant hereby waives all claims, in respect thereof against Landlord, except to the extent otherwise provided in Paragraph 13.3 hereof.
13.2 Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business, or any loss of income therefrom, or for damage to the goods, wares, merchandises or other property of Tenant, Tenant’s employees, invitees, customers, or any other person in or about the Premises or any other consequential damage, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors, whether such damages or injury is caused by results from fire steam, electricity, gas, water or rain or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are part, or from other sources or places where the resulting damage or injury occurs on or about the Premises, and regardless of whether the cause of such damage or injury, or the means of repairing the same, is inaccessible to Tenant. Tenant agree...
Indemnity and Damages. (a) Seller shall indemnify, defend, and hold harmless Buyer Sub and its affiliates, directors, officers, shareholders, employees, agents and controlling persons from and against any and all losses, claims, damages, liabilities, costs and expenses (including any investigatory, legal and other expenses incurred in connection with, and any amounts paid in, any settlement) resulting from a demand, claim, lawsuit, action or proceeding relating to gross negligence or wilful misconduct by Seller in the provision of Services to Buyer Sub under this Agreement.
(b) Buyer Sub shall indemnify, defend, and hold harmless Seller and its affiliates, directors, officers, shareholders, employees, agents and controlling persons from and against any and all losses, claims, damages, liabilities, costs and expenses (including any investigatory, legal and other expenses incurred in connection with, and any amounts paid in, any settlement) resulting from a demand, claim, lawsuit, action or proceeding relating to gross negligence or wilful misconduct by Buyer Sub in connection with the provision or receipt of Services under this Agreement.
(c) NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST REVENUES) OF THE OTHER PARTY, ITS SUCCESSORS, ASSIGNS OR THEIR RESPECTIVE AFFILIATES, AS A RESULT OF OR ARISING FROM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY, INDEMNIFICATION OR OTHERWISE.
Indemnity and Damages. All Users and persons attending User sponsored events using Library facilities take the premises "as is" and assume all risks of loss, damage, or injury, including death or property damage, resulting from the use by User of the Library facilities and services under this agreement. Library "facilities" and "premises" includes not only meeting rooms but the entire building, parking lot and grounds. The Library assumes no liability whatsoever for any property placed by the User or any person attending a User sponsored event in or about Library buildings or properties. User agrees that all persons on Library premises because of User's event (participants, members, invitees, etc.) are under the direct and complete control of the User. As such, the User is liable for all damages resulting from a participant's use of the Library's facilities and services. User shall reimburse the Library for all damages to its facilities or equipment resulting from the use of the same. THE USER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE LIBRARY, ITS BOARD OF TRUSTEES, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND LEGAL COSTS) RESULTING FROM ANY SUIT, CLAIM, LOSS OR ACTION BROUGHT AGAINST THE LIBRARY, ITS BOARD OF TRUSTEES, OFFICERS, AND/OR EMPLOYEES WHICH ARISES OR RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF THE LIBRARY'S FACILITIES OR SERVICES UNDER THIS AGREEMENT BY THE USER OR ITS SPONSORS, SPECTATORS, PARTICIPANTS, MEMBERS, OFFICERS, DIRECTORS OR AGENTS. Notwithstanding the foregoing, if the User is a governmental entity or a public employee acting within the scope of his or her employment, then the provisions of this Section 4 will not apply so as to increase in any way the combined aggregate liability of the User as limited under I.C. 34-13-3-4.
Indemnity and Damages. A. Client agrees that all occupants are under the direct and complete supervision and control of Client. As such, Client is exclusively liable for all damages resulting from its utilization of the facilities and services provided by the University, beyond normal wear and tear of the premises. This Agreement do not require the University to relinquish control of its facilities and services to Client. The University retains the right to require Client, or any of its participants, to leave the premises if the University deems it as necessary.
B. The University assumes no responsibility for loss or theft of personal property, or damage to personal property of Client or any of its participants. Client shall defend, indemnify and hold harmless the University, its officers and employees, against all claims for loss, death, injury and damage to persons or property, including claims of occupants/employees of Client or its agents, arising out of use of the facilities and activities conducted by Client or its occupants on University premises. The University assumes no liability whatsoever for any property placed by Client or occupants in University buildings or on University premises.
C. University shall defend, indemnify and hold harmless the Client, its officers and employees, against any and all third party claims for loss, injury and damage to persons or property, including claims of employees of University or its agents, arising out of misconduct or grossly negligent conduct by University while Client is on the premises, except for and excluding any claims based on COVID 19 sickness, exposure or contraction.
D. In the event a Client occupant damages University facility beyond normal wear-and-tear, Client will forfeit deposit and may be held responsible for any additional costs to remedy the damage.
Indemnity and Damages. Tenant will indemnify, defend and hold harmless Landlord against and from any and all loss, damages and costs, including attorney’s fees, resulting from injury or damage to the persons or property of any person due to Tenant’s conduct or use of the premises. Landlord shall not be liable for damages or injury to Tenant or any other person, or any property, occurring on the premises. Tenant agrees to hold Landlord harmless thereof. If Tenant desires coverage for loss or damage to Tenant’s furnishings and other personal property maintained at the premises, Tenant shall purchase renter’s insurance. OFFICE HOURS: Management can be reached anytime for emergencies by calling 000-000-0000. Please call this number AFTER business hours ONLY in case of emergencies. Office hours will be announced by managers. BICYCLES: DO NOT TAKE BICYCLES INTO THE APARTMENT. NO EXCEPTIONS! Because such extensive damage can come from bicycles in apartments, a fee of $35.00 will be charged every time a bicycle is found inside. Please chain them to the rails or posts outside the building. No BARBQUES on decks and no curling irons are to be laid on the carpets. CLEANING INSPECTIONS: Apartments are to be maintained, reasonably clean, and cleaned well once per month. Notices will be posted to advise Tenant of cleaning checks. Cleaning jobs are to be divided among apartment tenants and each is responsible for performing certain tasks and having those tasks pass inspection by management. To re-check a cleaning job that does not pass on first inspection will cost $10.00. If the job fails to pass the second time it is checked, the cleaning will be done by Management and charged to Tenant at the rate of $20.00/hr. MATTRESS PADS: In furnished units Tenants are REQUIRED to furnish and use a mattress pad on their bed. This is for your convenience and health. Failure to use a pad will result in additional charges. CHECKOUTS: Tenant must make a check-out appointment with Management prior to checking out. ALL TENANTS MUST CHECK OUT by obtaining a Checkout Procedure sheet from management and following its directions. These directions cover cleaning, damages, key returns and etc. Failure to adhere to the Check-Out Procedure instructions will result in the complete forfeiture of Tenant’s security deposit. OPEN-BURNING CANDLES: No open-burning candles are allowed in the units. Scented candles in their proprietary glass jar containers are permissible if not used excessively.
Indemnity and Damages. (a) A Payer may not make or attempt to make a Transfer of any interest or rights that does not comply strictly with the requirements of this deed and agrees to fully indemnify the Payees from all loss, damage, claims and expenses (including solicitors costs on a full indemnity basis) resulting from any breach by the Payer of this deed in relation to the Transfer. The Payees are not to be taken to have provided their approval or acceptance of any purported Transfer that does not comply strictly with the requirements of this deed and any such purported Transfer is void.
Indemnity and Damages. 15.1. As between the Parties, and as to liability, if any, accruing to either Party hereto or to any third party, Producer shall be solely liable for and in control and possession of, and bear the risk of loss with respect to, the Gas deliverable hereunder until the Gas is delivered to Gatherer at the Receipt Point(s). Gatherer shall be solely liable for and in control and possession of, and bear the risk of loss with respect to, the Gas after the Gas is delivered to Gatherer at the Receipt Point(s) hereunder until the Subject Gas is delivered to Producer or to the Transporter on Producer's behalf at the Delivery Point(s), whereupon Producer shall again be solely liable for the Subject Gas and in control and possession thereof and bear the risk of loss of the Subject Gas delivered to Transporter. If Lift Gas is redelivered to Producer as provided herein, then, in that event, Gatherer shall be solely liable for and in control and possession of such Lift Gas from the time such Lift Gas exits the Gathering System until redelivered to Producer, whereupon Producer shall again be in control and possession and bear the risk of loss of such Lift Gas. PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT TO ALLOCATION BETWEEN OR AMONG THE PARTIES PURSUANT TO ANY TERMS OF THIS AGREEMENT.
Indemnity and Damages. 12.1. The Purchaser hereby acknowledges that it has an obligation to make payment of all rates, taxes and outings, whether local, state or central which may become payable in respect of the Demised Land either under the Allotment Letter or under this Deed, whether present or future or made applicable with retrospective effect, and agrees to make payment and as when the same becomes due and payable without any objection whatsoever or howsoever and hereby agrees to indemnify (“Indemnifying Party”) and hold harmless each of the Land Owner(s)/ Confirming Party(ies) and LPL/Developer and their respective nominees, affiliates, managers, officers, directors and employees (collectively “Indemnified Party”) promptly upon demand at any time and from time to time, from and against any and all losses, claims, proceedings, actions, damages, liabilities, costs (including reasonable attorneys’ fees and disbursements) and expenses (collectively, “Losses”) to which any Indemnified Party may become subject, insofar as such Losses arise out of, or in any way relate to, or result from (a) any misrepresentation or any breach of any representation or warranty made by the Indemnifying Party; (b) the failure by the Indemnifying Party to fulfil any agreement, covenant or condition contained in, or made pursuant to, this Deed; or (c) any claim or proceeding by any Third Party against the Indemnified Party due to any act, deed or omission by the Indemnifying Party.
Indemnity and Damages. (a) ECPN is relying upon LOGISTICA to provide the Services which will allow ECPN to perform its Purchase Contract with Glencore. LOGISTICA is relying upon ECPN to provide operating permits, environmental permits, mining permits, land and mineral rights and a Purchase Contract. Therefore in justifiable, detrimental reliance upon the fulfillment of these respective obligations to each other, LOGISTICA and ECPN hereby expressly agree to mutually indemnify, defend and hold each other harmless with respect to any claim, lawsuit or other adverse action by Glencore or a third party which relates to the Services and/or products to be provided by them under this Agreement. Any attorney selected by either party to defend the other must be reasonably satisfactory to the other, in no event shall either party be liable or obligated in any manner for any special, incidental, exemplary or consequential damages of any kind (including, without limitation, lost profits), even if such party has been informed of the possibility of any such damages in advance.
(b) ECPN expressly acknowledges that LOGISTICA’s performance under this Iron Ore Processing Agreement is dependent upon the diligent, competent and timely performance of numerous independent subcontractors, accordingly, ECPN releases LOGISTICA and holds it harmless of and from any claim for indemnity or damage, of whatever nature, arising from or attributable to the acts, omissions, negligence or failures of any subcontractor or vendor providing services under, or required/contemplated under, this agreement. Logistica agrees, to the extent economically feasible and reasonably available, to require that subcontractors and vendors providing services under this Agreement have in force and effect insurance and/or bonding to cover claims against LOGISTICA and/or ECPN for acts, omissions, negligence or failures attributable to said subcontractors and vendors.
