Seller not Liable. In no event will Seller be liable for Taxes paid or payable by Customer. This clause will survive expiration or any termination of the Agreement.
Seller not Liable. The Seller is not liable to the Buyer (or any person deriving title from the Buyer) for any Claim under or in relation to or arising out of this agreement, including any Warranty Claim:
Seller not Liable. All persons who enter onto the Property pursuant to this license do so at their own risk, and shall comply with all necessary and reasonable instructions and directions of Seller with respect to use of the Property. As a material part of the consideration for this license and the Agreement, Buyer hereby waives and agrees to indemnify, protect, defend and hold Seller harmless from and against any loss, damage, injury, accident, fire or other casualty, liability, claim, cost or expense (including but not limited to actual attorneys' fees) of any kind or character to any person or property arising from, caused by or related to (i) any use of the Property by Buyer or its representatives, (ii) any act or omission of Buyer or any of its representatives, (iii) any bodily injury, property damage, accident, fire or other casualty on the Property caused by the entry or activities of Buyer or its representatives, (iv) any violation or alleged violation by Buyer or its representatives of any law, ordinance or regulation now or hereafter enacted, (v) any failure of Buyer to maintain the Property in a safe, decent, and sanitary condition, (vi) the breach or violation of the terms of this license by Buyer, (vii) any statutory liens for labor or materials or other liens which may arise out of the Work or Buyer's activities on the Property, and (viii) any enforcement by Seller of any provision of this license and any costs of duly removing Buyer from the Property or restoring the same as provided herein. Buyer acknowledges and agrees that Seller has no responsibility for loss of any property of Buyer 50 by theft, and Seller has no obligation to provide any security in respect of Buyer's property. The provisions of this Paragraph 5 shall survive any termination of this license.
Seller not Liable. Seller shall not be liable for any loss, damage or injury of any kind or character to any person or the Property or any other property arising from any use of the Property, or any act thereon, by Buyer or any of Buyer’s Representatives under this Agreement, or arising from any accident on the Property or any fire or other casualty thereon caused by Buyer or any of Buyer’s Representatives. Except to the extent caused by the negligent acts or omissions or misconduct of Seller or Seller’s agents, contractors, employees or invitees (collectively, “Seller Indemnitees”), and subject to the other terms and conditions set forth in this Agreement, Buyer shall indemnify, protect, defend and hold Seller and the Seller Indemnitees entirely free and harmless from and against: any cost to repair any physical damage to the Property; any cost to repair or replace the property of any third party; or any damages for injury to or death of any person; to the extent (but only to the extent) that the foregoing are incurred by Seller or any Seller Indemnitees and result from the activities of Buyer, any of Buyer’s Representatives, or anyone acting pursuant to authorization from Buyer in relation to the Investigations or entry upon the Property, including, but not limited to, damage caused by Buyer’s or any of Buyer’s Representatives’ use of any Hazardous Materials on the Property in violation of Environmental Law; any mechanic’s liens or claims of lien resulting therefrom; and reasonable attorneys’ fees and costs incurred in the enforcement of any of Buyer’s obligations under this Agreement. Notwithstanding the foregoing, however, Buyer shall not be liable for any loss, cost or expense incurred by Seller or anyone else, or liens resulting therefrom, as a result of any preexisting condition on the Property disclosed by any of the Investigations. The provisions of this Section 4.3.3 shall survive the Close of Escrow or the earlier termination of this Agreement.
