TO THE EXTENT ALLOWED BY LAW. AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE SUBRECIPIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS, THE COUNTY AND THE COUNTY’S OFFICERS AND EMPLOYEES FROM ALL CLAIMS OF PROPERTY DAMAGE, PROPERTY LOSS, PERSONAL INJURY, DEATH, ILLNESS, INTELLECTUAL PROPERTY RIGHT INFRINGEMENT, REGULATORY COMPLIANCE ARISING FROM THE SUBRECIPIENTS AND/OR THE SUBRECIPIENT’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, OR LICENSEES ACTIONS OR OMISSIONS. THE OBLIGATION UNDER THIS SECTION REMAINS IN EFFECT FOR ALL CLAIMS ARISING DURING AND AFTER THE TERM OF THIS CONTRACT.
TO THE EXTENT ALLOWED BY LAW. Lessee acknowledges and agrees that, other than as may be specifically set forth herein, Lessor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Leased Premises, including, without limitation, the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Lessee may conduct thereon, (d) the compliance of or by the Leased Premises or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, The Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, and The Texas Architectural Barriers Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Leased Premises, or (f) any other matter with respect to the Leased Premises, and specifically that Lessor has not made, does not make and specifically disclaims any representations regarding solid waste, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, or the disposal or existence, in or on the Leased Premises, of any hazardous substance, as defined by The Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and applicable state laws, and regulations promulgated thereunder. Xxxxxx further acknowledges and agrees that having been given the opportunity to inspect the Leased Premises, Xxxxxx is relying solely on its own investigation of the Leased Premises and not on any information provided or to be provided by Xxxxxx. Xxxxxx further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises was obtained from a variety of sources and that Lessor has not made any independent investigation or verification of such information.
TO THE EXTENT ALLOWED BY LAW. GRANTEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY INJURIES OR DAMAGE, OF ANY NATURE, ARISING FROM GRANTEE’S USE OF PREMISES OR FROM ANY BREACH OF THE TERMS, COVENANTS, OR CONDITIONS CONTAINED HEREIN, AND SHALL INDEMNIFY AND HOLD THE CLCND, ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY, OR DAMAGES OF ANY KIND WHICH MAY ARISE FROM OR OUT OF GRANTEE’S USE OF THE PREMISES EXCEPT FOR THE CONSEQUENCES OF NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE CLCND, ITS OFFICERS, EMPLOYEES, OR AGENTS ARISING FROM OR ATTENDANT TO GRANTEE’S USE OF THE PREMISES.
TO THE EXTENT ALLOWED BY LAW. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND LANDLORD EMPLOYEES, OFFICERS, PARTNERS AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, LIABILITIES OR EXPENSES INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COURT COSTS, ARISING OUT OF ANY CLAIMS OF ANY PERSON OR PERSONS ON ACCOUNT OF ANY OCCURRENCE IN, UPON OR AT THE PREMISES OR RESULTING FROM THE OCCUPANCY OR USE THEREOF BY TENANT OR ANY PERSON OR PERSONS HOLDING THEREUNDER, OR BY REASON OF THE MISUSE OF THE PARKING AREAS OR ANY COMMON AREAS IN THE BUILDING BY TENANT OR BY ANY PERSON OR PERSONS HOLDING OR USING ALL OR ANY PART OF THE PREMISES UNDER TENANT, INCLUDING, WITHOUT LIMITATION, TENANT’S EMPLOYEES, CONTRACTORS, SUBTENANTS, OR ASSIGNEES, LICENSEES OR CONCESSIONAIRES; AND WITHOUT LIMITING THE GENERALITY OF FOREGOING, TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY PENALTY, DAMAGE OR CHARGE INCURRED AS THE RESULT OF TENANT’S NEGLIGENCE OR ANY VIOLATION OF LAW, STATUTE, ORDINANCE, OR GOVERNMENTAL RULE, REGULATION, OR REQUIREMENT NOW OR HEREAFTER IN FORCE, BY TENANT OR ANY PERSON OR PERSON HOLDING UNDER TENANT, AND FROM ANY COST, DAMAGE OR EXPENSE ARISING OUT OF THE DEATH OR INJURY TO ANY PERSON OR PERSONS HOLDING UNDER TENANT AND USING THE PREMISES OR THE PARKING AREAS OR ANY COMMON AREAS IN THE BUILDING. LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT FOR, LIABILITY OR LOSS TO TENANT, ITS EMPLOYEES, AGENTS, INVITEES OR LICENSEES, ARISING OUT OF LOSSES DUE TO THEFT, BURGLARY OR DAMAGES TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE PREMISES OR THE BUILDING OR PARKING AREAS.
