Common use of Lessee Clause in Contracts

Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recital.

Appears in 9 contracts

Samples: Facilities Lease Agreement, Facilities Lease Agreement, Facilities Lease Agreement

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Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEE). Lessee acknowledges that he/she is renting one or more of the facilities within the grounds owned by Xxxxxxx County Youth Fair & Exposition. For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S ATTORNEY”S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recital.

Appears in 5 contracts

Samples: Rental Agreement, Rental Agreement, Event & Venue Rental

Lessee. The Lessee shall be responsible for the payment of all ad valorem taxes or other special assessments that which may be made lawfully levied or assessed against it the Leased Premises (or Lessee-owned personal (movable) property) which may be due and payable by reason of Lessee’s interest in or use of the Leased Premises, or transactions by Lessee with respect to its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and interest in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in this Lease Agreement or the use of the Leased Premises during the Term of this Lease Agreement. Lessee may, if in good faith it believes any such tax, assessment, lien or charge which it is obligated by the terms of this Lease to pay is invalid, excessive, or unenforceable, in whole or in part, protest against and contest the validity, amount and enforceability thereof. In such case Lessee to may, before the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense date of delinquency of any such claimstax, lessee agrees assessment, lien or charge, take appropriate action to reimburse WCYF for protest and object thereto, and if such protest and objection be overruled or denied, Lessee may contest or review such denial or ruling by legal proceedings or in such other manner as Lessee deems suitable, which proceeding if instituted shall be conducted solely at Lessee’s own expense and free of expense to City. If any such fees upon written notice taxes, assessments or charges shall, as a result of such chargeproceedings or otherwise, be reduced, cancelled, set aside or to any extent discharged, Lessee shall pay the amount that shall be finally assessed or imposed against the Leased Premises, or be adjudicated to be due and payable on any such disputed or contested items. This liability release In respect to any such tax, assessment or charge which shall be the subject of a contest under and indemnity agreement is entered into by and between pursuant to this Section, the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to non- payment thereof shall not be regarded as WCYF) and a breach of any covenant of this Lease so long as Lessee shall comply with the undersigned(LESSEE)terms of this Section. For and inconsideration of WCYF providing facilities for rental to the Lessee, in all events, however, shall pay any such charges if payment be required in order to prevent the undersigned agrees divesting of City’s and/or Lessee’s title or other interest in the Leased Premises. In the event Lessee fails to RELEASE pay taxes, assessments, rates, charges for revenue, imposts and DISCHARGE levies as provided hereinabove, City, subject to thirty (30) days’ notice and opportunity to cure given to any Mortgagee (as hereafter defined), shall have the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATHoption to pay such taxes, and PROPERTY DAMAGE which arises out any sums so expended shall become due as additional rental with interest on said sum at the rate of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES six percent (INCLUDING COURT AND ATTORNEY’S FEES6%) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recitalper annum until paid.

Appears in 3 contracts

Samples: Cooperative Endeavor Lease Agreement, Cooperative Endeavor Lease Agreement, Cooperative Endeavor Lease Agreement

Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by LesseeXxxxxx’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee xxxxxx agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx Wharton County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEEundersigned (LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx Wharton County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recital.

Appears in 2 contracts

Samples: Facilities Lease Agreement, Facilities Lease Agreement

Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see allowed by Lessor to it utilities are turned off at closing each night install and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise maintain in the use of Building and on the Premises by the Lessee to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any Property such claimssecurity related systems, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY forincluding, but not limited to, BODILY INJURYcard or badge access systems, DEATHalarm systems, lighting systems, and/or video recording systems, which Lessee may determine are needed to provide the proper level of security on and about the Premises at Lessee's expense. Lessee shall have the option to install and maintain a secondary heating and air conditioning system if deemed needed by Lessee at Lessee's expense which, if installed, shall be removed by Lessee at the end of the Term. Lessee shall have the right to install fencing in the area noted on Exhibit D if deemed needed by Lessee for security reasons and secured parking for the Premises at Lessee's expense which shall not be removed by Lessee at the end of the Term. Lessee shall be allowed to have a security guard in the Premises at all times at Lessee's expense. Lessee shall have the right to maintain the existing security and alarm systems for the Premises. Lessee shall have the exclusive right to monitor and control using video cameras and requiring card reader access to the areas on Exhibit B noted "Shared / Common Hallway Space" during the Term of the Lease with the understanding Lessee shall provide card reader access to Lessor for Lessor to grant access for Lessor's employees, agents, tenants, and PROPERTY DAMAGE which arises out representatives to the area noted "Shared / Common Hallway Space." Lessee shall have the exclusive use and right of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during access using a card reader to the preparation areas on Exhibit B noted "IT / Telecom Rooms" for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during time beginning on the Closing Date and 24 hours after ending sixty (60) days thereafter with reasonable access using other portions of the Building as may be required by Lessee to operate and event for which move the facilities were rented and refers equipment contained therein to all who participated in the event in any wayPremises. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during Upon Lessee vacating the preparation for an activity, during areas on Exhibit B noted "IT / Telecom Rooms," Lessee shall disconnect the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of card reader from this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recitalarea.

Appears in 2 contracts

Samples: Auction Purchase and Sale Agreement, Lease Agreement

Lessee. The Lessee shall be responsible assume from the Sublessee the liability for third party claims, if any, in respect of personal injury, death or losses and damage to property resulting from (i) the payment Lessee’s acts, works and other activity undertaken in the Premises, (ii) the negligence or wilful act of all taxes the Lessee, his staff, representatives and visitors, or other assessments that may be made against it (iii) the Lessee’s breach, non-performance or malperformance of the Agreement. The assumption of the liability shall not apply to (i) claims and liability resulting from the negligence or wilful act of the Sublessee, his staff, representatives and visitors, or (ii) matters covered by the assumption of the liability to Hazardous Materials referred to in its operationArt. 21. Unless comparable or simultaneous negligence occurs on the part of the Sublessee, his representatives, associates and subsidiaries and the directors, staff or contractors thereof, the aforesaid assumption of the liability shall also cover the justified legal costs, expenses and fees in respect of the claim covered by the assumption of liability or paid by the Sublessee in connection with the favourable determination of the obligation to assume liability. The Lessee shall see have the right to it utilities are turned off at closing each night defend against any claim covered by the assumption of liability, assisted by the legal counsel approved by the Sublessee. The Sublessee shall fully cooperate with the Lessee and the caretaker is notified that all personnel are leaving Lessee’s counsel in any case in which the grounds. The Lessee agrees has decided to leave defend, and the facility clean and in condition found in prior Lessee shall immediately reimburse to the lease. The Lessee, its officers, directors, employees Sublessee the justified costs and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises expenses incurred in connection with use hereofthe performance of the obligation to cooperate. The aforesaid assumption of the liability shall be contingent upon the Sublessee’s immediate notifying the Lessee of any claims and events that might lead to claims, court proceedings, complaints or liability, covered by the assumption of the liability, and such notice shall contain sufficient information to enable the Lessee’s reasonable assessment of the grounds for the claim. If WCYF incurs any expenses a claim results from the negligence or fees resulting for defense wilful act on the part of any such claimsboth, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) Lessee and the undersigned(LESSEE). For Sublessee, or the Lessee and inconsideration of WCYF providing facilities for rental a third party not related to the LesseeLessee (other than his representatives, management, staff and visitors), the undersigned agrees Lessee’s obligation to RELEASE assume the liability and DISCHARGE defend shall be in proportion to the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated Sublessee’s participation in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recitalcase.

Appears in 1 contract

Samples: Sublease Agreement (Lionbridge Technologies Inc /De/)

Lessee. The During the Term hereof. Lessee shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates evidencing such coverage to Lessor prior to the Commencement Date and annually thereafter before the expiration of each policy and each such policy shall name Lessor as an additional named insured: 1) Commercial general liability insurance with a limit of not less than One Million Dollars (51,000.000.00) combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering the business(es) operated by Lessee and by any sublessee of Lessee on the Premises; and 2) All risk special form insurance covering (without limitation) fire, extended coverage and vandalism and malicious mischief insuring the building constituting a part of the premises in an amount not less than one hundred (100%) of the full replacement cost thereof, plus cost of debris removal with no deduction for depreciation. No insurance required try this Section Shall have a deductible in excess of S 1,000.00. Each insurance policy obtained by Lessee pursuant to this Lease shall contain a clause that the insurer will provide Lessor with at least thirty (30) days prior to written notice of any material change, nonrenewal or cancellation of the policy, shall be in a form reasonably satisfactory to Lessor, shall be taken out with an insurance company authorized to do business in Utah and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Lessee shall be responsible for written as a primary policy, and shall not be contributing with or in excess of any coverage which Lessor may carry, shall have loss payable clauses satisfactory to Lessor and in favor of Lessor naming Lessor and any other party having an insurable interest in the payment premises reasonably designated by Lessor as an additional insured and shall insure against loss caused by negligence of all taxes or other assessments that may be made Lessee, and shall not permit subrogation against it in its operationthe Lessor. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use liability limits of the Premises by above-described insurance policies shall in no matter limit the liability of Lessee pursuant to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recitalLease.

Appears in 1 contract

Samples: Lease Agreement (nCoat, Inc.)

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Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEEundersigned (LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recital.

Appears in 1 contract

Samples: Facilities Lease Agreement

Lessee. The Lessee shall be responsible for the payment of all ad valorem taxes or other special assessments that which may be made lawfully levied or assessed against it the Leased Premises (or Lessee-owned personal (movable) property) which may be due and payable by reason of Lessee’s interest in or use of the Leased Premises, or transactions by Lessee with respect to its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and interest in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in this Lease Agreement or the use of the Leased Premises during the Term of this Lease Agreement. Lessee may, if in good faith it believes any such tax, assessment, lien or charge which it is obligated by the terms of this Lease to pay is invalid, excessive, or unenforceable, in whole or in part, protest against and contest the validity, amount and enforceability thereof. In such case Lessee to may, before the Extent caused by Lessee’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense date of delinquency of any such claimstax, lessee agrees assessment, lien or charge, take appropriate action to reimburse WCYF for protest and object thereto, and if such protest and objection be overruled or denied, Lessee may contest or review such denial or ruling by legal proceedings or in such other manner as Lessee deems suitable, which proceeding if instituted shall be conducted solely at Lessee’s own expense and free of expense to City. If any such fees upon written notice taxes, assessments or charges shall, as a result of such chargeproceedings or otherwise, be reduced, cancelled, set aside or to any extent discharged, Lessee shall pay the amount that shall be finally assessed or imposed against the Leased Premises, or be adjudicated to be due and payable on any such disputed or contested items. This liability release In respect to any such tax, assessment or charge which shall be the subject of a contest under and indemnity agreement is entered into by and between pursuant to this Section, the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to non-payment thereof shall not be regarded as WCYF) and a breach of any covenant of this Lease so long as Lessee shall comply with the undersigned(LESSEE)terms of this Section. For and inconsideration of WCYF providing facilities for rental to the Lessee, in all events, however, shall pay any such charges if payment be required in order to prevent the undersigned agrees divesting of City’s and/or Lessee’s title or other interest in the Leased Premises. In the event Lessee fails to RELEASE pay taxes, assessments, rates, charges for revenue, imposts and DISCHARGE levies as provided hereinabove, City, subject to thirty (30) days’ notice and opportunity to cure given to any Mortgagee (as hereafter defined), shall have the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATHoption to pay such taxes, and PROPERTY DAMAGE which arises out any sums so expended shall become due as additional rental with interest on said sum at the rate of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES six percent (INCLUDING COURT AND ATTORNEY’S FEES6%) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recitalper annum until paid.

Appears in 1 contract

Samples: Cooperative Endeavor Lease Agreement

Lessee. The Lessee shall be responsible for the payment of all taxes or other assessments that may be made against it in its operation. The Lessee shall see to it utilities are turned off at closing each night and the caretaker is notified that all personnel are leaving the grounds. The Lessee agrees to leave the facility clean and in condition found in prior to the lease. The Lessee, its officers, directors, employees and members, agree to hold WCYF harmless from all claims that may arise in the use of the Premises by the Lessee to the Extent caused by LesseeXxxxxx’s Negligence whether it be from activities happening on or off the premises in connection with use hereof. If WCYF incurs any expenses or fees resulting for defense of any such claims, lessee xxxxxx agrees to reimburse WCYF for any such fees upon written notice of such charge. This liability release and indemnity agreement is entered into by and between the Xxxxxxx County Youth Fair & Exposition, their directors, owners, volunteers, agents, contract labor and employees (hereinafter referred to as WCYF) and the undersigned(LESSEEundersigned (LESSEE). For and inconsideration of WCYF providing facilities for rental to the Lessee, the undersigned agrees to RELEASE and DISCHARGE the Xxxxxxx County Youth Fair & Exposition, including their directors, volunteers, agents, aids, contract labor and employees, OF AND FROM ANY AND ALL LIABILITY for, but not limited to, BODILY INJURY, DEATH, and PROPERTY DAMAGE which arises out of or is connected with NEGLIGENCE and/or FAULT of WCYF, including their agents, aids, volunteers, representatives and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after and event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned also agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND WCYF, including their directors, volunteers, contract labor and employees, FROM ALL LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING COURT AND ATTORNEY’S FEES) THAT ARISE OUT OF OR ARE CONNECTED WITH BODILY INJURY, DEATH OR PROPERTY DAMAGE as result of or connected with NEGLIGENCE and/or FAULT of WCYF, including their directors, volunteers, and employees that may occur during the preparation for an activity, during the activity and during the take down phase of an activity. This constitutes a period of 24 hours before, during and 24 hours after an event for which the facilities were rented and refers to all who participated in the event in any way. The undersigned, upon the signing of this document, states that he/she as sole representative or as a duly designated representative of an organization, has carefully read the foregoing Liability Release and Indemnity Agreement and thereby knows and understands the contents thereof and signs the agreement of his/her own free will and act. The terms and conditions of this Liability Release and indemnity Agreement are contractual and not a mere recital.

Appears in 1 contract

Samples: Facilities Lease Agreement

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