INJURY AND DAMAGE TO PROPERTY. If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
INJURY AND DAMAGE TO PROPERTY. If Licensee, in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction, operation, or removal of the Pipeline, or in the performance of any work contemplated by this agreement or by the failure to do or perform anything for which Licensee is responsible under the provisions of this agreement, injures, damages, or destroys any property of Licensor (including the Property) or of any other person lawfully occupying or using any such property, such property shall be replaced or repaired by Licensee, to the reasonable satisfaction of Licensor, at Licensee’s sole expense, or by Licensor if Licensor so desires, at Licensee’s sole expense.
INJURY AND DAMAGE TO PROPERTY. If the District, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the District is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the District at the District's own expense, or by the Railroad at the expense of the District, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
INJURY AND DAMAGE TO PROPERTY. Member recognizes that the operation of any boat is a specialized activity that requires training and experience and has both obvious and non-obvious dangers associated with it. Member acknowledges that many such dangers produce risk of injury to Member, Member's passengers, and the public in general regardless of the training and experience of the operator of the boat and regardless of the proper maintenance and condition of the boat. Accordingly, Member knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board the FBC boat, and all persons who may come in contact with the FBC boat, including Member, Member's passengers and the public in general. For purposes of personal injury claims, a Member is deemed automatically to be additional assured on FBC's Hull & Machinery and Protection & Indemnity policy(ies) subject to the Co-Assured Clause and will be afforded the same coverage and protection afforded FBC under such an insurance policy. MEMBER ACKNOWLEDGES THAT FBC’S INSURANCE COVERAGE IS FOR THE MEMBER AND GUESTS ONLY WHILE THE MEMBER IS OPERATING (PILOTING) THE BOAT. INSURANCE COVERAGE DOES NOT APPLY IF ANY NON-MEMBER IS OPERATING A FBC INSURED BOAT DURING AN ACCIDENT. MEMBER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSS, DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS AND EXPENSES OF LITIGATION) FOR INJURY OR LOSS OF ANY SORT INCLUDING BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OF ANY KIND OR NATURE WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PATENT OR LATENT ARISING FROM OR RELATING TO THE USE OR OPERATION OF AN FBC BOAT IN VIOLATION OF THE MEMBERSHIP AGREEMENT OR THESE RULES AND REGULATIONS. THIS RELEASE AND INDEMNIFICATION OF FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY ANY ACT OR OMISSION OF FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. Member further understands and acknowledges that FBC is not responsible for death, injury or property loss or damages resulting from or arising out of (i) the acts or omissions of any third parties or (ii) Member’s operation of the boat and related water sport activities, including without limitation, swimming, diving, snorkeling, water-skiing, knee boarding, wake boarding and tubing. Only specific FBC boats allow for these water-sports activities. The member shall h...
INJURY AND DAMAGE TO PROPERTY. If the County, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the County is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the County at the County's own expense, or by the Railroad at the expense of the County, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
