Common use of RELEASE, INDEMNIFICATION AND HOLD HARMLESS Clause in Contracts

RELEASE, INDEMNIFICATION AND HOLD HARMLESS. The Designated Slip, dry storage, docks and Marina facilities and associated premises subject to this Agreement are to be used at the Licensee's and the Releasing Parties' sole risk. Therefore, the Licensee, in addition to all other covenants herein, on his/her own behalf and on behalf of the Releasing Parties agrees to indemnify, defend and hold harmless the Released Parties, for any and all Claims including, but not limited to personal injury, loss of life and property damage: (1) arising out of the ordinary negligence of the Licensor, its officers, employees and/or agents in connection with the Xxxxxx and associated premises or the use of the Designated Slip, docks, dry storage space or other facilities; (2) in connection with the Designated Boat, motor, and all of its accessories while it is at, entering or leaving the Marina whether in the water or not; (3) for loss or damage to the Designated Boat, its motor, and all of its accessories or contents thereof due to fire, theft, vandalism, collision, Marina equipment failure, windstorm, rain, hurricane or other casualty loss. If the Licensor or any Released Party shall be made a party to any litigation commenced against Licensee or by Licensee against any third party, then Licensee shall indemnify, defend and hold Released Parties harmless and pay all costs and attorney's fees incurred in connection with such litigation, and any appeals thereof. Licensee shall also indemnify, defend and hold Licensor harmless against any losses incurred as a result of Licensee’s breach of this Agreement. This Release, Indemnification and Hold Harmless by Licensee shall survive the expiration or termination of this Agreement. Should any provision of this Agreement exempting Licensor from liability be declared or adjudged to be invalid, the Licensee agrees that in no event shall the Licensor's aggregate liability for all Claims and all parties, whether the Releasing Parties or others, exceed the sum of $300,000. Licensee agrees to indemnify, defend and hold Released Parties harmless for any amount above this sum, including, if necessary, payment of said excess amount to third parties. In no event will the Released Parties be liable to the Releasing Parties for any consequential, special, incidental, indirect or punitive damages.

RELEASE, INDEMNIFICATION AND HOLD HARMLESS. The Designated Slip, dry storage, docks and Marina facilities and associated premises subject to this Agreement are to be used at the Licensee's and the Releasing Parties' sole risk. Therefore, the Licensee, in addition to all other covenants herein, on his/her own behalf and on behalf of the Releasing Parties agrees to indemnify, defend and hold harmless the Released Parties, for any and all Claims including, but not limited to personal injury, loss of life and property damage: (1) arising out of the ordinary negligence of the Licensor, its officers, employees and/or agents in connection with the Xxxxxx Marina and associated premises or the use of the Designated Slip, docks, dry storage space or other facilities; (2) in connection with the Designated Boat, motor, and all of its accessories while it is at, entering or leaving the Marina whether in the water or not; (3) for loss or damage to the Designated Boat, its motor, and all of its accessories or contents thereof due to fire, theft, vandalism, collision, Marina equipment failure, windstorm, rain, hurricane or other casualty loss. If the Licensor or any Released Party shall be made a party to any litigation commenced against Licensee or by Licensee against any third party, then Licensee shall indemnify, defend and hold Released Parties harmless and pay all costs and attorney's fees incurred in connection with such litigation, and any appeals thereof. Licensee shall also indemnify, defend and hold Licensor harmless against any losses incurred as a result of Licensee’s breach of this Agreement. This Release, Indemnification and Hold Harmless by Licensee shall survive the expiration or termination of this Agreement. Should any provision of this Agreement exempting Licensor from liability be declared or adjudged to be invalid, the Licensee agrees that in no event shall the Licensor's aggregate liability for all Claims and all parties, whether the Releasing Parties or others, exceed the sum of $300,000. Licensee agrees to indemnify, defend and hold Released Releasing Parties harmless for any amount above this sum, including, if necessary, payment of said excess amount to third parties. In no event will the Released Parties be liable to the Releasing Parties for any consequential, special, incidental, indirect or punitive damages.

RELEASE, INDEMNIFICATION AND HOLD HARMLESS. The Designated Slip, dry storage, docks and Marina facilities and associated premises subject to this Agreement are to be used at the Licensee's and the Releasing Parties' sole risk. Therefore, the Licensee, in addition to all other covenants herein, on his/her own behalf and on behalf of the Releasing Parties agrees to indemnify, defend and hold harmless the Released Parties, for any and all Claims including, but not limited to personal injury, loss of life and property damage: (1) arising out of the ordinary negligence of the Licensor, its officers, employees and/or agents in connection with the Xxxxxx and associated premises or the use of the Designated Slip, docks, dry storage space or other facilities; (2) in connection with the Designated Boat, motor, and all of its accessories while it is at, entering or leaving the Marina whether in the water or not; (3) for loss or damage to the Designated Boat, its motor, and all of its accessories or contents thereof due to fire, theft, vandalism, collision, Marina equipment failure, windstorm, rain, hurricane or other casualty loss. If the Licensor or any Released Party shall be made a party to any litigation commenced against Licensee or by Licensee against any third party, then Licensee shall indemnify, defend and hold Released Parties harmless and pay all costs and attorney's fees incurred in connection with such litigation, and any appeals thereof. Licensee shall also indemnify, defend and hold Licensor harmless against any losses incurred as a result of Licensee’s breach of this Agreement. This Release, Indemnification and Hold Harmless by Licensee shall survive the expiration or termination of this Agreement. Should any provision of this Agreement exempting Licensor from liability be declared or adjudged to be invalid, the Licensee agrees that in no event shall the Licensor's aggregate liability for all Claims and all parties, whether the Releasing Parties or others, exceed the sum of $300,000. Licensee agrees to indemnify, defend and hold Released Releasing Parties harmless for any amount above this sum, including, if necessary, payment of said excess amount to third parties. In no event will the Released Parties be liable to the Releasing Parties for any consequential, special, incidental, indirect or punitive damages.

RELEASE, INDEMNIFICATION AND HOLD HARMLESS. The Designated Slip, dry storage, docks and Marina facilities and associated premises subject to this Agreement are to be used at the Licensee's and the Releasing Parties' sole risk. Therefore, the Licensee, in addition to all other covenants herein, on his/her own behalf and on behalf of the Releasing Parties agrees to indemnify, defend and hold harmless the Released Parties, for any and all Claims including, but not limited to personal injury, loss of life and property damage: (1) arising out of the ordinary negligence of the Licensor, its officers, employees and/or agents in connection with the Xxxxxx Marina and associated premises or the use of the Designated Slip, docks, dry storage space or other facilities; (2) in connection with the Designated Boat, motor, and all of its accessories while it is at, entering or leaving the Marina whether in the water or not; (3) for loss or damage to the Designated Boat, its motor, and all of its accessories or contents thereof due to fire, theft, vandalism, collision, Marina equipment failure, windstorm, rain, hurricane or other casualty loss. If the Licensor or any Released Party shall be made a party to any litigation commenced against Licensee or by Licensee against any third party, then Licensee shall indemnify, defend and hold Released Parties harmless and pay all costs and attorney's fees incurred in connection with such litigation, and any appeals thereof. Licensee shall also indemnify, defend and hold Licensor harmless against any losses incurred as a result of Licensee’s breach of this Agreement. This Release, Indemnification and Hold Harmless by Licensee shall survive the expiration or termination of this Agreement. Should any provision of this Agreement exempting Licensor from liability be declared or adjudged to be invalid, the Licensee agrees that in no event shall the Licensor's aggregate liability for all Claims and all parties, whether the Releasing Parties or others, exceed the sum of $300,000. Licensee agrees to indemnify, defend and hold Released Parties harmless for any amount above this sum, including, if necessary, payment of said excess amount to third parties. In no event will the Released Parties be liable to the Releasing Parties for any consequential, special, incidental, indirect or punitive damages.