Liability and Release. CENTURY GROUP LANDS CORPORATION AND TSAWWASSEN TOWN CENTRE MALL shall not be liable, directly or indirectly, for any loss or damage to any property of the Exhibitor, whether such loss is attributable to the negligent acts or omissions of the Landlord or Exhibitor, and no matter what the cause of such loss or damage is, including but not limited to; earthquake, fire, explosion, water, wind, theft, rodent, excessive heat, or any other cause whatsoever. The Exhibitor agrees to indemnify the Landlord for all damages, costs, claims and expenses arising from the Exhibitor’s use of the area and while they are on the property.
Liability and Release. (a) You acknowledge that you are solely responsible for payment of any amounts owing to Air Liquide except to the extent you authorise, and Air Liquide receives, payment in respect of your transaction with Air Liquide under this Agreement from a government, insurer or other payer agency. While Air Liquide may provide you with assistance in this matter, you acknowledge that it is your responsibility to qualify for any such coverage.
(b) You acknowledge that Air Liquide assumes no responsibility or liability for the success, failure or effect of any treatment service prescribed by your treating medical practitioner.
(c) To the extent permissible, and subject to any rights you have under the Australian Consumer Law, You release Air Liquide from liability for any damage, expense, loss or liability suffered or incurred in respect of your possession or use of the PAP machine, accessories and consumables, unless caused by (and only the extent of) our negligence.
(d) You warrant that:
i. you have conducted your own enquiries in relation to the performance and suitability of the PAP machine for your needs; and
ii. in entering into this Agreement, you have not relied solely upon any express or implied representations of Air Liquide in selecting a PAP machine.
(e) You agree to comply promptly with your payment obligations under this Agreement. You also agree that you must reimburse Air Liquide for the full amount of any:
i. bank or other fees associated with any dishonoured payments; and
ii. legal, debt recovery or other expenses associated with any action which is necessary to recover from you any Air Liquide owned Rented Equipment or outstanding payments.
Liability and Release. The Client shall be solely liable, including with respect to third parties, for all of the consequences of any kind resulting from the behaviour, by actions or omission, malice or negligence, carried out by the Client or by its associates and/or employees in violation of the obligations under articles 9-10 such as, but not limited to, negligent or inadequate storage or preservation of the Products, lack of information provided to its Clients in the terms indicated above, and improper use of the Products, and the Client agrees to hold harmless and release Bridgestone from any costs, charges and/or expenses (including legal expenses) which may arise for Bridgestone as a result of the violation of those obligations by the Buyer.
Liability and Release. By use of the facilities and signing below the member agrees as follows:
Liability and Release. 8.1 FCC and FVIC (including officers, employees and its contractors) are not responsible for and are released by the Participant from any claims for loss of whatsoever kind (including consequential loss), damage or injury in relation to:
8.1.1 any matter and/or arising out of the Purpose due to circumstances beyond FCC’s and FVIC’s reasonable control including pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity Xxx 0000 (Cth).
8.1.2 the use, inoperability or failure of any FCC or FVIC controlled or operated website including xxxxxxxxxxxxxxxxx.xxx, FVIC’s booking services or any other participation benefits or services.
8.2 The Participant will fully indemnify FCC and FVIC (and its officers, employees, agents and contractors) against any and all liability, claims, loss (including consequential loss) damage or costs incurred (including legal costs on a full indemnity basis) arising from or in connection with any of the following:
8.2.1 any breach by the Participant of this Participation Agreement.
8.2.2 any information or details provided by the Participant or its agents or contractors to FCC or the public about any attraction, accommodation, tours, events, products or services.
8.2.3 any confirmed bookings made through FVIC that are not fulfilled by the Participant for any reason including sale of business, overbooking, unforeseen circumstances such as damage or natural disasters, pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity Xxx 0000 (Cth).
8.2.4 any person(s) who visit or stay at the Participant’s business, venue, accommodation or who is involved or attends the Participant’s tours, events or attractions or uses any of its products or services or which are promoted or offered by the Participant.
8.3 For the purpose of this Participation Agreement, the Participant warrants that it has the right to offer to the public all events, tours, venues, accommodations, attractions, goods and services that are represented as being a part of its business and is not doing so on behalf of any person or entity.
8.4 The Participant acknowledges that FCC has absolute discretion to alter the Purpose or any services that are to be provided pursuant to the Participation Agreement that are reasonably necessary and without notice arising out of any pandemic or the outbreak of an infectious or contagious human disease under the Biosecurity Xxx 0000 (Cth).
Liability and Release. Effective upon the date first written above (the "Effective Date"), Assignor shall have no liability to CFP or Assignee and except for Section 9.2.1 of the Plant O&M Agreement, CFP and Assignee shall have no further liability to Assignor with respect to the Plant O&M Agreement (or any prior performance, past or future non performance, act or omission under or with respect to the Plant O&M Agreement) except as expressly set forth herein; and concurrent with the execution of this Agreement Assignor, CFP and Assignee will each cause to be executed and delivered a Release Agreement in the form of Exhibit A-1 and A-2, attached hereto, respectively.
Liability and Release. The Resident is responsible for maintaining at all times his or her own insurance coverage, including health, personal property, liability, automobile (if applicable), and other insurance coverages in adequate amounts. This includes renter’s insurance. The Resident acknowledges that neither Sunrise nor the Owner is an insurer of the Resident’s person or property.
Liability and Release. 12.1. In consideration of FP accepting an application for Membership and except to the extent caused by the negligence of FP, you hereby agree to:
a. release and forever discharge FP to the fullest extent permitted by law from all claims that you may have or may have had but for this release arising from or in connection with your Membership or your access to or use of any Facility;
b. indemnify and hold harmless FP and keep FP indemnified to the fullest extent permitted by law in respect of any claim by any person arising as a direct or indirect result of or in connection with your Membership.
12.2. For the purposes of this clause claims means and includes without limitation any actions, suit, proceeding, claim, demand, damage, penalty, cost or expense howsoever arising at any time.
Liability and Release. Artist has read and agrees to all terms and conditions of participation in the Festival and this Artist Participation and Payment Agreement (“Agreement”). Artist hereby releases, indemnifies and holds harmless LQAF, the City of La Quinta, their respective employees, volunteers, representatives, assignees, affiliated organizations, vendors and suppliers from any and all claims, losses, liabilities, demands, damages, theft or costs (including attorney’s fees), and for any injury suffered before, during, or after the Festival or as a result of negligence, or failure to perform under this Agreement, or other acts, foreseen or unforeseen and howsoever caused, and for the Artist’s work, equipment, and materials. Artist hereby releases LQAF and City of La Quinta from all actions, claims, demands that Artist, and Artist Parties, and their respective assigns, heirs, legal representatives now have, or may hereafter acquire, for injury, death, damage to, or theft of personal property, equipment, or artwork. Artist is strongly encouraged to carry liability, personal injury, theft, and event interruption/cancellation insurance for Artist’s artwork, and the personal protection of Artist and the Artist Parties.
Liability and Release. 22.1 The obligations of the Sellers under this Agreement are several. If any obligation of one or some but not all of the Sellers is, or becomes, illegal, invalid or unenforceable in any respect, that shall not affect or impair the obligations of the other Sellers under this Agreement.
22.2 Any obligation of the Sellers to the Buyer under this Agreement may in whole or in part be released or compromised by the Buyer in its absolute discretion without in any way prejudicing or affecting the Buyer’s rights against any other or others of the Sellers.
