Common use of INDEMNITY; EXCULPATION Clause in Contracts

INDEMNITY; EXCULPATION. the provisions of this Section governing indemnification and exculpation shall survive termination of this Lease. A. To the fullest extent permitted by law, the LESSEE shall indemnify, hold harmless and defend the County of Xxxxx, its agents, officers, and employees against any and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorneys’ fees, witness costs and court costs) that may be asserted by any person or entity, including XXXXXX, arising out of or in connection with any of the following circumstances: (1) Use of the PREMISES, hangar, or AIRPORT in any manner by XXXXXX, its agents, employees, invitees, licensees and contractors, and the agents, employees, patrons, contractors and invitees of LESSEE, including any use of the PREMISES, hangar, or the AIRPORT not allowed under this Lease. (2) Any breach by LESSEE of the terms, covenants or conditions herein contained. (3) Any other activities of LESSEE, its agents, and employees whether or not there is concurrent negligence on the part of the LESSOR, but excluding liability due to the sole active negligence or sole willful misconduct of LESSOR. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for LESSEE or its agents under workers’ compensation acts, disability benefit acts or other employee benefit acts. (4) LESSOR, its officers, agents, and employees, shall not be liable to LESSEE for any loss or damage to LESSEE or LESSEE’s property from any cause. LESSEE expressly waives all claims against the County of Xxxxx, its officers, agents, and employees, for injury or damage to person or property arising for any reason regardless of whether or not there is concurrent passive or negligence of the County of Xxxxx, its officers, agents, and employees, unless such injury or damages is caused by or due to the sole negligence or willful misconduct of the County of Xxxxx, its officers, agents and employees.

Appears in 2 contracts

Samples: Airport Hangar Lease, Airport Hangar Lease

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INDEMNITY; EXCULPATION. the provisions of this Section governing indemnification and exculpation shall survive termination of this Lease. A. To the fullest extent permitted by law, the LESSEE shall indemnify, hold harmless and defend the County of Xxxxx, its agents, officers, and employees against any and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorneys’ fees, witness costs and court costs) that may be asserted by any person or entity, including XXXXXX, arising out of or in connection with any of the following circumstances: (1) Use of the PREMISES, hangar, PREMISES or AIRPORT in any manner by XXXXXX, its agents, employees, invitees, licensees and contractors, and the agents, employees, patrons, contractors and invitees of LESSEE, including any use of the PREMISES, hangar, or the AIRPORT not allowed under this Lease. (2) Any breach by LESSEE of the terms, covenants or conditions herein contained. (3) Any other activities of LESSEE, its agents, and employees whether or not there is concurrent negligence on the part of the LESSOR, but excluding liability due to the sole active negligence or sole willful misconduct of LESSOR. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for LESSEE or its agents under workers’ compensation acts, disability benefit acts or other employee benefit acts. (4) LESSOR, its officers, agents, and employees, shall not be liable to LESSEE for any loss or damage to LESSEE or LESSEE’s property from any cause. LESSEE expressly waives all claims against the County of Xxxxx, its officers, agents, and employees, for injury or damage to person or property arising for any reason regardless of whether or not there is concurrent passive or negligence of the County of Xxxxx, its officers, agents, and employees, unless such injury or damages is caused by or due to the sole negligence or willful misconduct of the County of Xxxxx, its officers, agents and employees.

Appears in 1 contract

Samples: Land Lease

INDEMNITY; EXCULPATION. the provisions of this Section governing indemnification and exculpation shall survive termination of this Lease. A. To the fullest extent permitted by law, the LESSEE shall indemnify, hold harmless and defend the County of Xxxxx, its agents, officers, and employees against any and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorneys’ fees, witness costs and court costs) that may be asserted by any person or entity, including XXXXXXLESSEE, arising out of or in connection with any of the following circumstances: (1) Use of the PREMISES, hangar, or AIRPORT in any manner by XXXXXXLESSEE, its agents, employees, invitees, licensees and contractors, and the agents, employees, patrons, contractors and invitees of LESSEE, including any use of the PREMISES, hangar, or the AIRPORT not allowed under this Lease. (2) Any breach by LESSEE of the terms, covenants or conditions herein contained. (3) Any other activities of LESSEE, its agents, and employees whether or not there is concurrent negligence on the part of the LESSOR, but excluding liability due to the sole active negligence or sole willful misconduct of LESSOR. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for LESSEE or its agents under workers’ compensation acts, disability benefit acts or other employee benefit acts. (4) LESSOR, its officers, agents, and employees, shall not be liable to LESSEE for any loss or damage to LESSEE or LESSEE’s property from any cause. LESSEE expressly waives all claims against the County of Xxxxx, its officers, agents, and employees, for injury or damage to person or property arising for any reason regardless of whether or not there is concurrent passive or negligence of the County of Xxxxx, its officers, agents, and employees, unless such injury or damages is caused by or due to the sole negligence or willful misconduct of the County of Xxxxx, its officers, agents and employees.

Appears in 1 contract

Samples: Hangar Agreement

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INDEMNITY; EXCULPATION. the The provisions of this Section governing indemnification and exculpation shall survive termination of this Lease. A. To the fullest extent permitted by law, the LESSEE shall indemnify, hold harmless and defend the County of Xxxxx, its agents, officers, and employees against any and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorneys’ fees, witness costs and court costs) that may be asserted by any person or entity, including XXXXXX, arising out of or in connection with any of the following circumstances: (1) Use of the PREMISES, hangar, or AIRPORT in any manner by XXXXXX, its agents, employees, invitees, licensees and contractors, and the agents, employees, patrons, contractors and invitees of LESSEE, including any use of the PREMISES, hangar, PREMISES or the AIRPORT not allowed under this Lease. (2) Any breach by LESSEE of the terms, covenants or conditions herein contained. (3) Any other activities of LESSEE, its agents, and employees whether or not there is concurrent negligence on the part of the LESSOR, but excluding liability due to the sole active negligence or sole willful misconduct of LESSOR. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for LESSEE or its agents under workers’ compensation acts, disability benefit acts or other employee benefit acts. (4) LESSOR, its officers, agents, and employees, shall not be liable to LESSEE for any loss or damage to LESSEE or LESSEE’s property from any cause. LESSEE expressly waives all claims against the County of Xxxxx, its officers, agents, and employees, for injury or damage to person or property arising for any reason regardless of whether or not there is concurrent passive or negligence of the County of Xxxxx, its officers, agents, and employees, unless such injury or damages is caused by or due to the sole negligence or willful misconduct of the County of Xxxxx, its officers, agents and employees.

Appears in 1 contract

Samples: Airport Land Lease

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