Common use of Risk of Loss; Indemnification Clause in Contracts

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property by Buyer; (c) the entry upon the Property by any other person in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (d) any breach of or default with respect to any condition or obligation under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property at a Closing; (B) the failure of Buyer to acquire the Property for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 2 contracts

Samples: Agreement to Purchase, Real Estate Purchase Agreement

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Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property by Buyer; (c) the entry upon the Property by any other person in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (d) any breach of or default with respect to any condition or obligation under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property at a Closing; (B) the failure of Buyer to acquire the Property for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 2 contracts

Samples: Agreement to Purchase, Real Estate Purchase Agreement

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property by Buyer; (c) the entry upon the Property by any other person in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (d) any breach of or default with respect to any condition or obligation under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendumlicense granted herein, Buyer hereby: (ia) assumes all risk of LossLoss (as defined below); (iib) waives and releases any claim against Seller for any Loss; and (iiic) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by SellerXxxxxx, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Xxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (i) the Authorized Activities; (ii) the entry upon the Property by Xxxxx; (iii) the entry upon the Property by any other person in connection with the Authorized Activities and/or with the express, implied, actual or ostensive permission of Buyer; and/or (iv) any breach of or default with respect to any obligation of Buyer under this Addendum. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property at a Closing; (B) the failure of Buyer to acquire the Property for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Xxxxx and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; and/or (dc) any breach of or default with respect to any condition or obligation under this AddendumBuyer Default. As a material part of the consideration for Seller’s execution of the Purchase Agreement and Agreement, including this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by SellerXxxxxx, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph Section shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph Section shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: schrader-web-files.s3-website.us-east-2.amazonaws.com

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Buyer and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; and/or (dc) any breach of or default with respect to any condition or obligation under this AddendumBuyer Default. As a material part of the consideration for Seller’s execution of the Purchase Agreement and Agreement, including this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph Section shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph Section shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: schrader-web-files.s3-website.us-east-2.amazonaws.com

Risk of Loss; Indemnification. For purposes of this AddendumExhibit D, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Buyer and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (dc) any breach of or default with respect to any condition or obligation of Buyer under this Addendum. Exhibit D. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this AddendumExhibit D, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum Exhibit D for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Buyer and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; Buyer and/or (dc) any breach of or default with respect to any condition or obligation of Buyer under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives Loss and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer agrees to reimburse Seller for): (i) any Loss Loss; and (ii) any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: schrader-web-files.s3-website.us-east-2.amazonaws.com

Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property by Buyer; (c) the entry upon the Property by any other person in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (d) any breach of or default with respect to any condition or obligation under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendum, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by Seller, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property at a Closing; (B) the failure of Buyer to acquire the Property for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

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Risk of Loss; Indemnification. For purposes of this Addendum, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Xxxxx and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; Buyer and/or (dc) any breach of or default with respect to any condition or obligation of Buyer under this Addendum. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this Addendum, Buyer hereby: (i) Xxxxx assumes all risk of Loss; (ii) waives Loss and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by SellerXxxxxx, Buyer Xxxxx agrees to reimburse Seller for): (i) any Loss Loss; and (ii) any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: schrader-web-files.s3-website.us-east-2.amazonaws.com

Risk of Loss; Indemnification. For purposes of this AddendumLicense Agreement, “Loss” means any injury injur to or death of any person and/or ’ss any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entitye tity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected withwit : (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Xxxxx and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; and/or (d( ) any breach of or default with respect to any condition or obligation of Buyer under this AddendumLicense Agreement. As a material part of the consideration for Seller’s Seller s execution of the Purchase Agreement and this AddendumLicense Agreement, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and an to the extent e tent paid by SellerXxxxxx, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. BuyerXxxxx’s obligation under u der this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum License Agreement for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

Risk of Loss; Indemnification. For purposes of this AddendumExhibit D, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by BuyerXxxxx, Seller, or any other person or entity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected with: (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Buyer and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual or ostensive permission of Buyer; and/or (dc) any breach of or default with respect to any condition or obligation of Buyer under this Addendum. Exhibit D. As a material part of the consideration for Seller’s execution of the Purchase Agreement and this AddendumExhibit D, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and to the extent paid by SellerXxxxxx, Buyer Xxxxx agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum Exhibit D for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

Risk of Loss; Indemnification. For purposes of this AddendumLicense Agreement, “Loss” means any injury to or death of any person and/or any damage to or loss of property (whether sustained by Buyer, Seller, or any other person or entitye tity, and whether due to the fault of Buyer or others) directly or indirectly arising out of or resulting from or in any way connected withwit : (a) this license and/or the Authorized Hunting Activities; (b) the entry upon the Property Real Estate by Buyer; (c) the entry upon the Property by Buyer and/or any other person entering upon the Real Estate in connection with the Authorized Hunting Activities and/or otherwise with the express, implied, actual express or ostensive implied permission of Buyer; and/or (d( ) any breach of or default with respect to any condition or obligation of Buyer under this AddendumLicense Agreement. As a material part of the consideration for Seller’s Seller s execution of the Purchase Agreement and this AddendumLicense Agreement, Buyer hereby: (i) assumes all risk of Loss; (ii) waives and releases any claim against Seller for any Loss; and (iii) agrees to defend, protect, indemnify and hold harmless Seller from and against (and an to the extent e tent paid by Seller, Buyer agrees to reimburse Seller for) any Loss and any and all liabilities, suits, actions, judgments, costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any Loss. Buyer’s obligation under u der this paragraph shall survive notwithstanding: (A) Buyer’s acquisition of the Property Real Estate at a Closing; (B) the failure of Buyer to acquire the Property Real Estate for any reason; and/or (C) the termination of the Purchase Agreement and/or this Addendum License Agreement for any reason. If Buyer consists of more than one individual and/or entity, Buyer’s obligations under this paragraph shall be joint and several as between each such individual and/or entity.

Appears in 1 contract

Samples: Agreement to Purchase

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