Common use of INDEMNITY; WAIVER Clause in Contracts

INDEMNITY; WAIVER. Rental Stop shall not be liable in any event to Renter, for any reason whatsoever, for any loss, delay, or damage of any kind or character resulting from defects in, inefficiency, or accidental breakage of Equipment, including the failure to repair Equipment if disabled, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damage, or loss of Renter’s goods or property or any other goods or property carried, transported, or located on the Equipment, regardless of whether such loss is caused by the negligence of Rental Stop, its employees or agents. In the event of theft or vandalism, Renter shall immediately notify Rental Stop and shall immediately file a police report. Rental Stop’s maximum liability for any action arising out of or relating to this Rental Agreement or the Equipment hereunder is limited to amounts actually paid by Renter to Rental Stop under this Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTAL

INDEMNITY; WAIVER. Rental Stop Conduct - The conduct of all Event participants, spectators, service providers and volunteers while on the premises shall not be liable in any event to the responsibility of the Renter, . Renter also accepts all responsibility for any reason whatsoever, for any loss, delay, injury to person(s) or damage of any kind or character resulting from defects in, inefficiency, or accidental breakage of Equipment, including the failure to repair Equipment if disabled, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damageproperty, or loss of Renter’s goods or damage to property or any other goods theft of personal property or property carried, transportedliterary or artistic content on the premises during the rental period, or located resulting therefrom. Failure by any individual or group to follow all applicable laws, rules and regulations, including without limitation the Guidelines will be cause for eviction. City of Ypsilanti retains the right to evict objectionable persons from the premises. Repeated violations may result in denial of future reservation requests. Release - Renter, on the Equipment, regardless behalf of whether such loss is caused by the negligence of Rental Stopitself, its employees assigns, subrogees, representatives and all other persons or entities acting for, by or through it, hereby releases and forever discharges the City of Ypsilanti, their respective trustees, directors, officers, agents, representatives, employees, and insurers, from any and all liability, claims, demands, actions or rights of action, of whatever nature, character or description, for personal injury, property damage or death that arise from, are related to or are in any way connected with Renter or its guests’ or invitees’ use of the Space or the premises (“Claims”), including without limitation and to the fullest extent permitted by law, any Claims in part or in whole arising from, related to or in any way connected with the alleged or in fact negligent acts or omissions of the City of Ypsilanti, its directors, agents, employees, officers, and representatives. In the event of theft Renter suffers any loss to person or vandalismproperty, Renter shall immediately notify Rental Stop look solely to its, his or her insurance coverage, if any, and shall immediately file make no claim whatsoever against the City of Ypsilanti. Indemnity - Renter shall, to the fullest extent permissible under law, defend, indemnify and hold harmless the City of Ypsilanti, their respective trustees, directors, officers, agents, representatives, employees, contractors and licensees from and against any and all claims, actions, causes of action, demands, judgments, liabilities, losses, damages, costs, or expenses (including without limitation reasonable attorneys’ fees and court costs), whether or not involving a police report. Rental Stop’s maximum liability for any action third party claim, arising out of or relating in connection with: (i) any personal injury, property damage, death or other liabilities of whatever kind or nature, that arise from, are related to this Rental Agreement or are in any way connected with Renter or officers, employees, agents, contractors, guests or invitees use of the space or the Equipment premises (“Claims”), including without limitation and to the full extent permitted by law, any Claims in which it is asserted and/or proved that the City of Ypsilanti, their respective agents, employees, officers, directors, contractors and/or representatives, was itself negligent or otherwise at fault; or (ii) any breach of any of the representations, warranties, covenants, obligations or duties contained in this Agreement; or (iii) any violation of any federal, state or local laws, rules or regulations. The indemnification obligations hereunder is shall not be limited to amounts actually paid by Renter to Rental Stop reason of the enumeration of any insurance coverage required under this Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTALThe indemnification obligations herein shall survive the termination of this Agreement.

INDEMNITY; WAIVER. Rental Stop Subject to the provisions of Section 14 hereof Lessee shall not be liable in indemnify, defend, and hold Lessor harmless for, from and against any event to Renterand all claims, for liabilities, costs, attorneys' fees and expert fees and court costs, expenses, penalties or demands of any reason whatsoever, for any loss, delaynature arising from (i) Lessee's use of the Premises, or damage from the conduct of Lessee's business thereon or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors in or about the Premises, including without limitation any work performed by and/or the acts and omissions of Lessee's telecommunication service providers in the Premises or other portions of the Building or the Project, and/or (ii) any breach or default in the performance of any kind obligation or character resulting from defects in, inefficiencycovenant on Lessee's part to be performed under the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or accidental breakage arising from any negligence or willful misconduct of EquipmentLessee, or any of Lessee's agents, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any claim, action or proceeding is threatened or commenced against Lessor which is or may be covered by the foregoing indemnity, Lessee, upon notice from Lessor, shall defend the same, at Lessee's expense, utilizing counsel reasonably acceptable to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including the failure to repair Equipment if disabledreasonable attorneys' and expert fees and court costs arising from any act, omission or negligence of Lessor or its agents, contractors or employees, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damage, or loss from Lessor's breach of Renter’s goods or property or any other goods or property carried, transported, or located on the Equipment, regardless of whether such loss is caused by the negligence of Rental Stop, its employees or agents. In the event of theft or vandalism, Renter shall immediately notify Rental Stop and shall immediately file a police report. Rental Stop’s maximum liability for any action arising out of or relating to this Rental Agreement or the Equipment hereunder is limited to amounts actually paid by Renter to Rental Stop obligations under this Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTALLease.

INDEMNITY; WAIVER. Rental Stop (a) In addition to indemnifying Sublandlord in connection with each of the indemnification provisions of the Master Lease incorporated into this Sublease (including, without limitation, Article XXVI of the Master Lease) pursuant to Paragraph 5 above, Subtenant shall not be liable indemnify, defend and hold harmless Sublandlord and Sublandlord's agents, employees, officers, directors, shareholders, members, and contractors from and against any and all liabilities, losses, causes of action, suits, claims, demands, judgments, damages, penalties, costs, expenses (including without limitation, reasonable attorneys' fees and costs), claims, suits or actions due to or in any event to Renter, for any reason whatsoever, for any loss, delay, or damage of any kind or character resulting from defects in, inefficiency, or accidental breakage of Equipment, including the failure to repair Equipment if disabled, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damage, or loss of Renter’s goods or property or any other goods or property carried, transported, or located on the Equipment, regardless of whether such loss is caused by the negligence of Rental Stop, its employees or agents. In the event of theft or vandalism, Renter shall immediately notify Rental Stop and shall immediately file a police report. Rental Stop’s maximum liability for any action way arising out of or relating resulting from or related to (a) any breach, violation or nonperformance of any obligation of Subtenant or Kast under this Rental Agreement Sublease, (b) Subtenant's use or occupancy xx xhe Property or the Equipment hereunder condition of the Property, (c) any act, thing or work done or omitted to be done in, on or about the Property or adjacent property by Subtenant or any of the agents, contractors, servants, employees, licensees, visitors or guests of Subtenant, (d) any contest of Governmental Impositions or Requirements of Law (as defined in the Master Lease) by Subtenant authorized by this Sublease, and (e) any damage to property or any injury to persons (including death resulting at any time therefrom) in, on, under or about the Property from any cause. If any action is limited brought against Sublandlord by reason of any such claim, Subtenant, upon notice from Sublandlord, agrees to amounts actually paid defend any such action or proceeding at Subtenant's expense by Renter counsel reasonably satisfactory to Rental Stop Sublandlord. Subtenant and Kast waive all claims against Sublandlord for damage or injxxx to person or property arising, or asserted to have arisen, from any cause whatsoever, including without limitation, any negligence or alleged negligence of Sublandlord or its agents, employees, directors, officers, shareholders, members, or contractors (other than gross negligence or willful misconduct of Sublandlord). Subtenant's and Kast's obligations under this Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTALParagraph 21 shall survive thx xxxxration or earlier termination of this Sublease.

INDEMNITY; WAIVER. Rental Stop Except for Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord and its members, managers, officers, directors, employees, representatives, agents, partners, lenders, and successors and assigns, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with, the use and/or occupancy of the Premises by Tenant or anything occurring on or at the Premises, and/or any breach of this Lease by Tenant. If any action or proceeding is brought against Landlord by reason of any of the foregoing matters, Tenant shall upon notice defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be defended or indemnified. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Notwithstanding the negligence or breach of this Lease by Landlord or its agents, neither Landlord nor its members, managers, officers, directors, employees, representatives, agents, partners, lenders, or successors and assigns shall be liable in under any event to Renter, for any reason whatsoever, for any loss, delay, circumstances for: (i) injury or damage to the person or goods, wares, merchandise or other property of any kind Tenant or character resulting from defects inits employees, inefficiencycontractors, or accidental breakage of Equipmentinvitees, including the failure to repair Equipment if disabledcustomers, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damage, or loss of Renter’s goods or property or any other goods person in or property carriedabout the Premises, transported, or located on the Equipment, regardless of whether such loss damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the negligence presence of Rental Stopmold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any other tenant of Landlord or from the failure of Landlord or its employees agents to enforce the provisions of any other lease in the Building, or agents(iii) injury to Tenant’s business or for any loss of income or profit therefrom. In Instead, it is intended that Tenant’s sole recourse in the event of theft such damages or vandalism, Renter shall immediately notify Rental Stop and shall immediately injury be to file a police report. Rental Stop’s maximum liability for any action arising out claim on the insurance policies that Tenant is required to maintain pursuant to the provisions of or relating to this Rental Agreement or the Equipment hereunder is limited to amounts actually paid by Renter to Rental Stop under this Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTALLease.