Common use of Liability Indemnification Clause in Contracts

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT RESIDENT’S OR RESIDENT’S GUESTS GUESTS’ PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s(a) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ANY DAMAGES ARISING UNDER APPLICABLE LAWOUT OF THE GROSS NEGLIGENCE OR INTENTIONAL WRONGFUL ACTS OF PAETEC, RESIDENT AND RESIDENT’S REPRESENTATIVESPAETEC SHALL NOT BE LIABLE FOR (i) LOSS OF OR DAMAGE TO ANY·PROPERTY OF THE LICENSEE OR OF ANY OTHER PERSON BY THEFT OR OTHERWISE; (ii) ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY RESULTING FROM FIRE, HEIRSEXPLOSION, ASSIGNSFALLING PLASTER, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATESSTEAM, OFFICERSGAS, DIRECTORSELECTRICITY, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) INTERRUPTION OF SERVICE OR POWER, DUST, WATER OR SNOW, OR LEAKS FROM ANY AND ALL CLAIMS AND/PART OF THE BUILDING OR DAMAGES AND AGREES TO INDEMNIFY FROM THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS PIPES, APPLIANCES OR THEFT PLUMBING SYSTEM, OR FROM THE ROOF, STREET OR SUBSURFACE OF RESIDENT ANY OTHER PLACE OR RESIDENT’S GUESTS PERSONAL PROPERTYBY DAMPNESS, OR FROM ANY OTHER CAUSE WHATSOEVER; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (Diii) ANY DAMAGE OR INJURY HAPPENING LIABILITY CAUSED BY OTHER OCCUPANTS, LICENSEES OR PERSONS IN THE BUILDING OR ABOUT BY CONSTRUCTION OF ANY PRIVATE OR PUBLIC WORK; OR (iv) ANY LATENT DEFECT IN THE PREMISES FACILITY AND/OR COMMUNITY THE EQUIPMENT SPACE. PAETEC SHALL HAVE NO DUTY TO RESIDENT’S GUEST(S)MONITOR, LICENSEE(S), INVITEE(S)MAINTAIN, OR SUCH PERSON’S PROPERTY; CARE FOR THE EQUIPMENT INSTALLED BY OR FOR LICENSEE. IN NO EVENT SHALL PARTY LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES. PAETEC SPECIFICALLY DISCLAIMS ALL EXPRESS AND (E) RESIDENT’S FAILURE IMPLIED WARRANTIES RELATING TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNITFACILITY, THE COMMUNITYEQUIPMENT SPACE, AND THE RECREATIONAL FACILITIES ANY MAINTENANCE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OTHER AMENITIESFITNESS FOR A PARTICULAR PURPOSE. (b) Licensee agrees to indemnify and hold harmless and defend PAETEC, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USEits employees, AND AT THE USER’S SOLE RISKofficers, directors, contractors, and agents from and against any and all demands, claims, causes of action, fines, penalties, damages, losses,liabilities, and expenses (including without limitation attorneys’ fees and court costs) incurred in connection with or arisingfrom: (1) the use or occupancy of the Facility and/or the Equipment Space by Licensee or any person claiming under Licensee; (2) any activity, work, or thing done or permitted by Licensee in or about the Facility and/or the Equipment Space; (3) any act, omission, negligence, or willful misconduct of Licensee or any person claiming under Licensee, or the employees, agents, contractors, invitees, or visitors of Licensee; (4) any breach, violation, or nonperformance by Licensee or any person claiming under Licensee, or the employees, agents, contractors, invitees, or visitors of Licensee of any term, covenant, or provision of this license, or any law, statute, ordinance or governmental requirement of any kind; (5) any injury or damage to the person, property, or business of Licensee, its employees, agents, contractors, invitees, visitors, or any other person entering the Facility and/or the Equipment Space under the express or implied invitation of Licensee. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIALIf any action or proceeding is brought against PAETEC, its employees, officers, directors, contractors or agents by reason of any such claim, Licensee shall, on notice from PAETEC, defend the claim at Licensee’s sole cost and expense with counsel reasonably satisfactory to PAETEC. The obligations of this section shall survive the expiration or other termination of this License.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, including without limitation, limitation theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT RESIDENT’S OR RESIDENT’S GUESTS GUESTS’ PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNITAPARTMENT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(sguestsguest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUESTS, LICENSEES, INVITEES,GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommatesany Resident or Permitted Occupant. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s(A) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER TO THE FULLEST EXTENT PERMITTED BY TEXAS INSURANCE CODE CHAPTER 151 OR OTHER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVESEXCEPT AS SET OUT IN SUBPARAGRAPH (B) BELOW, HEIRSLESSEE SHALL DEFEND, ASSIGNSINDEMNIFY, AND SUCCESSORS RELEASE OWNER AND HOLD HARMLESS MAXIM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”"INDEMNITEES") FROM ANY AND ALL CLAIMS AND/ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, DEMANDS, INVESTIGATIONS, OBLIGATIONS, JUDGMENTS, LOSSES, COSTS, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES, INCLUDING ATTORNEY FEES, WHICH ARE INCURRED BY, ACCRUED, ASSERTED, OR DAMAGES AND AGREES MADE AGAINST, OR RECOVERABLE FROM ANY OF THE INDEMNITEES ARISING FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, LESSEE'S ACCEPTANCE, POSSESSION, TRANSPORT, USE, OPERATION, OR CONTROL OF THE EQUIPMENT, WHETHER OR NOT THE SAME ARISES FROM DAMAGE TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: PROPERTY (A) LOSS REAL OR THEFT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR PERSONAL), INJURY OR LOSS RELATING DEATH TO RESIDENT’S USE PERSONS INCLUDING BUT NOT LIMITED TO LESSEE'S EMPLOYEES, AGENTS AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S)REPRESENTATIVES, LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES REGULATIONS AND ORDINANCES, EQUIPMENT CONDITION, LOSS OF USE OR REGULATIONSSEIZURE OF EQUIPMENT, OR OTHERWISE, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OR ANY INTENTIONAL ACT OF LESSEE OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY LESSEE OR ANYONE FOR WHOSE ACTS LESSEE MAY BE LIABLE. RESIDENT LESSEE'S OBLIGATION TO DEFEND, HOLD HARMLESS AND GUESTS ASSUME ANY INDEMNIFY THE INDEMNITEES SHALL SURVIVE THE TERMINATION OF THIS RENTAL AGREEMENT. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND ALL RISKS IN CONNECTION WITH USE OF CLAIMS BETWEEN MAXIM AND LESSEE. (B) NOTWITHSTANDING THE UNITFOREGOING, TO THE COMMUNITYFULLEST EXTENT PERMITTED BY TEXAS INSURANCE CODE CHAPTER 151 OR OTHER APPLICABLE LAW, LESSEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS MAXIM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF LESSEE OR ANY OF ITS SUBCONTRACTORS, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, OR IS ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE RECREATIONAL FACILITIES OR OTHER AMENITIESNEGLIGENCE OF ANY INDEMNITEE, IT BEING UNDERSTOOD THE EXPRESSED INTENT OF MAXIM AND LESSEE THAT ALL IN SUCH FACILITIES EVENT THE LESSEE IS TO INDEMNIFY, HOLD HARMLESS AND AMENITIES ARE SUPPLIED DEFEND THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE WHETHER IT IS OR IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE OR DEATH OF LESSEE’S EMPLOYEE OR THE EMPLOYEE OF ANY OF ITS SUBCONTRACTORS. THE INDEMNIFICATION OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR RESIDENT’S USELESSEE UNDER WORKERS’ COMPENATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS. LESSEE SHALL PROCURE LIABILITY INSURANCE COVERING ITS OBLIGATIONS UNDER THIS PARAGRAPH. LESSEE EXPRESSLY AGREES TO WAIVE ANY WORKERS COMPENSATION IMMUNITY IT MAY OTHERWISE HAVE. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND AT CLAIMS BETWEEN AN INDEMNITEE AND LESSEE. IN JURISDICTIONS IN WHICH THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT INDEMNIFICATION PROVIDED FOR IN THIS SECTION IS BROADER THAN THAT ALLOWED BY APPLICABLE LAW, THIS SECTION SHALL BE INTERPRETED AS PROVIDING THE BROADEST INDEMNIFICATION PERMITTED AND SHALL BE LIMITED ONLY TO A JURY TRIALTHE EXTENT NECESSARY TO COMPLY WITH SAID LAW.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT RESIDENT’S OR RESIDENT’S GUESTS GUESTS’ PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(s) for injury, damage, or loss to person or property caused by, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS THEREOF (HEREINAFTER THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND/OR DAMAGES AND AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS OR THEFT OF RESIDENT OR RESIDENT’S GUESTS GUESTS’ PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIAL.

Liability Indemnification. Owner will not be liable to Resident or Resident’s guest(sTHE SUBCONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS FORT CONSTRUCTION, THE OWNER (IF DIFFERENT FROM CONTRACTOR) for injuryAFFILIATED COMPANIES OF CONTRACTOR, damageTHEIR PARTNERS, or loss to person or property caused byJOINT VENTURES, arising from, or associated with the criminal conduct of Resident or other persons, including, without limitation, theft, burglary, assault, vandalism, or other crimes, or Resident’s personal conflict with Roommates. Owner has no duty to remove ice, sleet, or snow, but may do so in whole or in part, with or without notice. EXCEPT FOR OWNER’S LIABILITY ARISING UNDER APPLICABLE LAW, RESIDENT AND RESIDENT’S REPRESENTATIVES, HEIRSMEMBERS, ASSIGNS, AND SUCCESSORS RELEASE OWNER AND ITS AFFILIATESDESIGNEES, OFFICERS, DIRECTORS, EMPLOYEES SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, AND AGENTS THEREOF ASSIGNS (HEREINAFTER THE “RELEASED INDEMNIFIED PARTIES”) ), FROM AND AGAINST ANY AND ALL CLAIMS AND/FOR BODILY INJURY, DEATH OR DAMAGES DAMAGE TO PROPERTY, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, SUITS, LOSSES, JUDGMENTS, OBLIGATIONS AND AGREES ANY LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO INVESTIGATIVE AND REPAIR COSTS, ATTORNEYS’ FEES AND COSTS, AND CONSULTANTS’ FEES AND COSTS) (“CLAIMS”) WHICH ARISE OR ARE IN ANY WAY CONNECTED WITH THE WORK PERFORMED, MATERIALS FURNISHED, OR SERVICES PROVIDED UNDER THIS AGREEMENT BY SUBCONTRACTOR OR ITS AGENTS. THESE INDEMNITY AND DEFENSE OBLIGATIONS SHALL APPLY TO ANY ACTS OR OMISSIONS, NEGLIGENT OR WILLFUL MISCONDUCT OF SUBCONTRACTOR, ITS EMPLOYEES OR AGENTS, WHETHER ACTIVE OR PASSIVE. SAID INDEMNITY AND DEFENSE OBLIGATIONS SHALL FURTHER APPLY, WHETHER OR NOT SAID CLAIMS ARISE OUT OF THE CONCURRENT ACT, OMISSION, OR NEGLIGENCE OF THE INDEMNIFIED PARTIES, WHETHER ACTIVE OR PASSIVE. SUBCONTRACTOR SHALL NOT BE OBLIGATED TO INDEMNIFY AND DEFEND CONTRACTOR OR OWNER FOR CLAIMS FOUND TO BE DUE TO THE RELEASED PARTIES AGAINST ALL LOSSES INCURRED AS A RESULT OF: (A) LOSS SOLE NEGLIGENCE OR THEFT WILLFUL MISCONDUCT OF RESIDENT OR RESIDENT’S GUESTS PERSONAL PROPERTY; (B) RESIDENT’S FAILURE TO FULFILL ANY CONDITION OF THIS LEASE CONTRACT; (C) ANY AND ALL LIABILITY FOR INJURY OR LOSS RELATING TO RESIDENT’S USE AND OCCUPANCY OF THE PREMISES OR COMMUNITY; (D) ANY DAMAGE OR INJURY HAPPENING IN OR ABOUT THE PREMISES OR COMMUNITY TO RESIDENT’S GUEST(S), LICENSEE(S), INVITEE(S), OR SUCH PERSON’S PROPERTY; AND (E) RESIDENT’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. RESIDENT AND GUESTS ASSUME ANY AND ALL RISKS IN CONNECTION WITH USE OF THE UNIT, THE COMMUNITY, AND THE RECREATIONAL FACILITIES OR OTHER AMENITIES, IT BEING UNDERSTOOD THAT ALL SUCH FACILITIES AND AMENITIES ARE SUPPLIED FOR RESIDENT’S USE, AND AT THE USER’S SOLE RISK. RESIDENT ALSO WAIVES HIS/HER RIGHT TO A JURY TRIALINDEMNIFIED PARTIES.