Release, Indemnity and Hold Harmless Sample Clauses

Release, Indemnity and Hold Harmless. COMPANY HEREBY RELEASESS, WAIVE, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO XXX THE CITY OR ANY OF THE CITY’S OFFICIALS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS, IN EITHER THEIR OFFICIAL OR PRIVATE CAPACITIES (COLLECTIVELY, “CITY PERSONS”), FOR AND/OR FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, LOSSES, HARM, ACTIONS, SUITS, JUDGMENTS, PENALTIES, FEES, COSTS AND EXPENSES WHATSOEVER, (COLLECTIVELY, “CLAIMS”), WHICH THE COMPANY MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RELATED TO, THE PROGRAM, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR ANY OF MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DEATH, ILLNESS, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE OR DESTRUCTION, OR OTHER HARM OR LOSS OF ANY NATURE, AND ANY AND ALL ANY TAXES LEVIED, ASSESSED OR COLLECTED, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS WHICH ARISE OUT OF, ARE RELATE TO, OR ARE CAUSED BY, IN WHOLE OR IN PART, ANY NEGLIGENT ACT OR OMISSION OF THE CITY OR ANY CITY PERSONS OR ANY OTHER PERSONS, OR ANY ACT OR OMISSION OF THE CITY, ANY CITY PERSONS, OR ANY OTHER PERSONS, THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. Company has voluntarily chosen to submit its Application and hereby accepts Program grant funds, subject to eligibility, and AGREES TO ASSUME ANY AND ALL RISKS with respect to any harm, damage, injury, incident, action, occurrence or activity which may occur in connection with or result from the Application and/or Program Grant, and/or Company’s acceptance, use, misuse, or possession thereof.

Release, Indemnity and Hold Harmless. In exchange for the Host allowing me to participate in the Event, I do hereby, on my own behalf and on behalf of my family members, heirs, beneficiaries, assigns and all parties claiming by, through or under me, RELEASE, INDEMNIFY AND HOLD HARMLESS the Host Parties and the Resort Parties from all claims, demands, actions, damages, attorneys’ fees, judgments, expenses and liabilities of any nature whatsoever, including personal injury and death, connected in any way whatsoever to participation in the Event, including that which may result, directly or indirectly, in whole or in part, from: my own negligence or willful misconduct; the negligence or willful misconduct of the Host Parties, the Resort Parties or any third party; the design or condition of the Resort facilities or equipment; and whether arising or occurring on or off the Resort’s premises and including any transportation. BY SIGNING BELOW, I CERTIFY THAT I FULLY UNDERSTAND THAT THIS AGREEMENT WILL PROVIDE AN ABSOLUTE DEFENSE TO ANY LAWSUIT OR CLAIM AGAINST THE HOST, ANY HOST PARTY, THE RESORT OR ANY RESORT PARTY FOR ANY INJURIES OR DAMAGES THAT I MAY INCUR. I expressly waive and relinquish any and all claims, rights or benefits which may exist on my behalf under section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Release, Indemnity and Hold Harmless. A. General Release

Release, Indemnity and Hold Harmless. 7.1 Supplier releases and will defend, indemnify, and hold harmless PSE, its subsidiaries and affiliates, and each of their respective shareholders, directors, officers, employees, representatives, and agents from and against any and all claims, costs, losses, liabilities, damages, fines, and expenses of any nature (including reasonable attorneys’ fees and costs) (“Losses”) arising out of or resulting from any claim of a third party, arising out of or occurring in connection with: (a) the fault, negligence, professional error or omission, strict liability or product liability of Supplier or any Subcontractor in connection with the Agreement; (b) a lien asserted by any Subcontractor or any supplier or vendor of Supplier upon any PSE property in connection with the Agreement; (c) infringement or misappropriation of any patent, copyright, trade secret, trademark, or other Intellectual Property Right by any Deliverable or the Services; (d) an act, error, or omission of any Subcontractor that, if done by Supplier, would be a breach or default under the Agreement; or (e) breach or default under the Agreement by Supplier. Supplier’s indemnification of PSE will not be subject to the insurance coverage specified in Section 8 and will not be capped at any limits of insurance required by the Agreement. 7.2 In connection with any action to enforce Supplier’s obligations under this Section 7, and to the extent permitted by Law, Supplier waives any immunity, defense or protection under any workers’ compensation, industrial insurance, or similar laws (including the Washington Industrial Insurance Act, Title 51, of the Revised Code of Washington). 7.3 Supplier acknowledges that the foregoing provisions regarding indemnification and waiver are an important part of the consideration for PSE to enter into the Agreement, and that the foregoing waiver provision has been mutually negotiated.

Release, Indemnity and Hold Harmless. Owner, on behalf of itself and its successors and assigns, does hereby agree to release, indemnify, defend, and hold harmless the Authority Parties from and against all lawsuits, third-party claims, losses, damages, penalties, judgments, expenses, and liabilities, including, without limitation, reasonable attorney’s fees and costs, whether sounding in tort, contract, statute, or otherwise (collectively, “Claims”), arising out of or in any way relating to the Authority Parties’ access to the Authority Easements on the Property pursuant to this Agreement and caused by the negligent acts or omissions of Owner, its agents, employees and contractors, except those Claims, arising out of or in any way relating to the willful misconduct or negligent acts or omissions of the Authority Parties. Owner shall not be liable to the Authority for punitive damages in all Claims or for special or consequential damages in contractual Claims.

Release, Indemnity and Hold Harmless. The parties agree and acknowledge that property manager shall act on behalf of Owner, and that property manager may disclose Owner as his principal on whose behalf, and in whose absence, he will exercise judgment and conduct business affairs. Accordingly, Owner agrees, except in cases of willful misconduct or gross negligence on the part of as follows: a) To indemnify and hold Great Lakes Property Management Co. LLC harmless from all claims, charges and liabilities, including reasonable attorney's fees arising in connection with management of the herein described property, and Owner hereby ratifies and confirms all legal acts by Great Lakes Property Management Co. LLC in performance of and compliance with this Agreement; b) Great Lakes Property Management Co. LLC shall not be held liable for damages done to the subject property by tenants or their nonpayment of security deposits, rents, or other sums, provided that the tenants were accepted in accordance with Great Lakes Property Management Co. LLC usual screening procedures. c) Great Lakes Property Management Co. LLC shall not be held liable for damage or loss arising from the advertising or showing of the property for rent or sale, for the use of a Multiple Listing Service, a lock box or key.

Release, Indemnity and Hold Harmless. Without limiting the provisions of subsection (a) above or any other provision in the Agreement, Purchaser, its heirs, successors and assigns hereby RELEASES, ACQUITS AND FOREVER DISCHARGES, and WAIVES any and all losses, liens, claims, actions, causes of action, liability, damages, demands, costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) against any of Seller Parties (hereinafter defined) that arise from or relate to the Property or Purchaser’s activities on the Property, and agrees not to sue any of Seller Parties for such losses, liens, claims, actions, causes of action, liability, damages, demands, costs and expenses. Without limiting the foregoing, Purchaser agrees that Seller Parties shall not be liable to Purchaser, its heirs, successors and assigns for personal injury, property damage or any other claims, causes of action, liabilities (including, without limitation, strict liability), losses (including, without limitation, a decrease in value to the Property), damages, demands (including, without limitation, natural resource damages, consequential, punitive, special, exemplary and indirect damages), suits, fines, penalties, costs and expenses (including, without limitation, court costs, attorneys’ fees, consultant fees and expert fees) of every kind or character, known or unknown, and whether in contract, in tort or existing at common law, or by virtue of any statute, regulation or ordinance (each a “Claim”, and collectively, “Claims”) arising from or related to the Property or Purchaser’s exercise of its rights under the Agreement. Except as expressly set forth in the Agreement, Purchaser assumes all risks and responsibilities for accidents, injuries or death resulting from such injuries or damages to person or property occurring in, on or about the Property, and Purchaser agrees to RELEASE, PROTECT, DEFEND upon request with counsel acceptable to Seller Parties, INDEMNIFY, REIMBURSE AND HOLD HARMLESS Seller and Seller’s employees, officers, members, managers, partners, agents (including, without limitation, Agent One, if applicable, and Agent Two, including any officer, director or employee of Agent Two and any of its divisions, subsidiaries or affiliates, and any of their partners, shareholders, or members, or their respective officers, agents, employees or representatives), investors, heirs, devisees, personal representatives, successors and assigns AND AFFILIATES (INCLUDING, WITHOUT LIMITATION, BAN...

Release, Indemnity and Hold Harmless. The User agrees, as a condition of its use of the Port’s park and in consideration for this Agreement, to defend, indemnify and hold harmless the Port, its commissioners and employees, from and against all loss or expense, including but not limited to, judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the Port's elected or appointed officials or employees: (i) for damages because of personal or bodily injury (including death) at any time resulting therefrom, sustained by any person or persons; (ii) on account of damage to property, including loss of use thereof, arising out of or in consequence of the use of the park by any person; or (iii) in consequence of any activity related to or arising out of this Agreement or permitted use of the Port’s facilities; and (iv) excepting only loss caused by the sole negligence or willful misconduct of the Port’s commissioners, employees or agents acting within the scope of their responsibilities and incurred by third parties. In the event that any such claim or suit based on such loss or damages is brought against the Port, User agrees to defend the Port at User’s sole costs and expense (including reasonable attorney’s fees and costs); provided that, the Port retains the right to participate in said suit if any principle of governmental or public laws is involved; and a final judgment is rendered against the Port, its officers, agents employees, or any of them, or jointly against the Port and User and their respective office officers, agents, employees, or any of them, User shall satisfy the same. The undersigned is an authorized representative of the User and agrees to bind the User to the above obligations and full compliance with the Rules of Use. The undersigned further understands that the User’ s event is subject to any additional conditions as may be reasonably required by the Port.

Release, Indemnity and Hold Harmless. 6.1 Grantee Indemnification. Grantee hereby agrees to indemnify, defend, release and hold harmless Grantor, its successors, assigns, employees and agents, from and against any and all damages and/or injury, and all clams, demands or liabilities of any kind or nature, or damage to the person or property of any third person, firm or corporation (including the agents, assignees and employees of Grantor), which are caused (including acts of Grantee’s agent or contractor) by the construction, operation, repair, renewal, reconstruction, maintenance, use or existence of the Pipeline(s) or the Ancillary Facilities, including, without limitation, the leaking of the contents of the Pipeline(s) or the Ancillary Facilities, excluding, however, any and all losses, liabilities, damages, claims, actions, demands, and suits of any kind and nature or damage to any person or property which results or arises from the deliberate or willful conduct, negligence, gross negligence, malicious acts or omissions of Grantee or Grantee’s successors, assigns, employees, agents, representatives or invitees. Grantee shall at all times comply with all local, state and Federal laws including those applicable to the environment, land, air, water, noise, and the water, and Grantee agrees to indemnify and hold Grantor harmless for any liability resulting from Grantee's failure to comply with same. The provisions of this Section 6.1 shall survive expiration or termination of this Agreement for a period of six (6) years.

Release, Indemnity and Hold Harmless. 7.1 Supplier releases and will defend, indemnify, and hold harmless PSE, its subsidiaries and affiliates, and each of their respective shareholders, directors, officers, employees, representatives, and agents from and against any and all claims, costs, losses, liabilities, damages, fines, and expenses of any nature (including reasonable attorneys’ fees and costs) (“Losses”) arising out of or resulting from any claim of a third party, arising out of or occurring in connection with: (a) the fault, negligence, professional error or omission, strict liability or product liability of Supplier or any Subcontractor in connection with the Agreement; (b) a lien asserted by any Subcontractor or any supplier or vendor of Supplier upon any PSE property in connection with the Agreement; (c) infringement or misappropriation of any patent, copyright, trade secret, trademark, or other Intellectual Property Right by any Deliverable or the Services; (d) an act, error, or omission of any Subcontractor that, if done by Supplier, would be a breach or default under the Agreement; or (e) breach or default under the Agreement by Supplier. 7.2 In connection with any action to enforce Supplier’s obligations under this Section 7, and to the extent permitted by Law, Supplier waives any immunity, defense or protection under any workers’ compensation, industrial insurance, or similar laws (including the Washington Industrial Insurance Act, Title 51, of the Revised Code of Washington). 7.3 Supplier acknowledges that the foregoing provisions regarding indemnification and waiver are an important part of the consideration for PSE to enter into the Agreement, and that the foregoing waiver provision has been mutually negotiated.