Common use of Waiver and Indemnification Clause in Contracts

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANTRESIDENT, ON BEHALF OF TENANT RESIDENT AND TENANT’S RESIDENT'S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ ATTORNEY'S FEES AND COSTS) (COLLECTIVELY, “"CLAIMS”"), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT RESIDENT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTYAPARTMENT COMMUNITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT LESSOR AGREES AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES SHALL REQUIRE ITS INSURERS TO AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LESSEE, ITS TRUSTEES, BOARD MEMBERS, OFFICERS, DIRECTORS, OFFICIALS, VOLUNTEERS, INVITEES AND EMPLOYEES (COLLECTIVELY, THE LANDLORD PARTIES "INDEMNIFIED PARTIES") OF, FROM AND AGAINSTAGAINST ALL LIABILITY, ANY AND ALL CLAIMSCOST, COSTSDAMAGE, EXPENSES, DAMAGESFINES, LAWSUITSLOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, LOSSES OR LIABILITIES (PENALTIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”)OF ANY NATURE, WHETHER NOW EXISTING KIND OR HEREAFTER ARISING, FOR DESCRIPTION OF ANY PERSON OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISEENTITY, TO THE EXTENT DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY, OR RESULTING FROM ANY TENANT EXPOSURE NEGLIGENT, WRONGFUL OR TORTIOUS ACT OR OMISSION OF THE LESSOR, ANY SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY LESSOR OR ANYONE THAT LESSOR CONTROLS OR EXERCISES CONTROL OVER (COLLECTIVELY, THE "LIABILITIES"). IN THE EVENT OF FAILURE BY THE LESSOR TO OR INFECTION FULLY PERFORM IN ACCORDANCE WITH COVID-19THIS INDEMNIFICATION PARAGRAPH, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF EACH OF THE PROPERTYINDEMNIFIED PARTIES MAY, INCLUDINGAT ITS OPTION, AND WITHOUT RELIEVING LESSOR OF ITS OBLIGATIONS HEREUNDER, SO PERFORM, BUT ALL COSTS AND EXPENSES OF THE INDEMNIFIED PARTIES SHALL BE REIMBURSED BY LESSOR TO THE INDEMNIFIED PARTIES, OR ANY OF THEM UNTIL REIMBURSED BY LESSOR INCLUDING THE RATE OF INTEREST PROVIDED TO BE PAID BY THE JUDGMENT UNDER THE LAWS OF THE STATE OF TEXAS. THE LESSOR SHALL PAY ALL ROYALTIES AND LICENSE FEES. THE LESSOR SHALL DEFEND SUITS OR CLAIMS FOR INFRINGEMENT OF COPYRIGHTS AND PATENT RIGHTS AND SHALL HOLD THE INDEMNIFIED PARTIES HARMLESS FROM LOSS ON ACCOUNT THEREOF, BUT SHALL NOT LIMITED BE RESPONSIBLE FOR SUCH DEFENSE OR LOSS WHEN A PARTICULAR DESIGN, PROCESS OR PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS REQUIRED BY THE MASTER JOC AGREEMENT OR WHERE THE COPYRIGHT VIOLATIONS ARE CONTAINED IN DRAWINGS, SPECIFICATIONS OR OTHER DOCUMENTS PREPARED BY THE LESSEE. HOWEVER, IF THE LESSOR HAS REASON TO BELIEVE THAT THE REQUIRED DESIGN, PROCESS OR PRODUCT IS AN INFRINGEMENT OF A COPYRIGHT OR A PATENT, THE LESSOR SHALL BE RESPONSIBLE FOR SUCH LOSS UNLESS SUCH INFORMATION IS PROMPTLY FURNISHED TO THE LESSEE. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER EFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. IT IS UNDERSTOOD AND AGREED THAT THIS PARAGRAPH IS SUBJECT TO, CLAIMS ARISING FROM AND EXPRESSLY LIMITED BY, THE NEGLIGENCE OR GROSS NEGLIGENCE TERMS AND CONDITIONS OF ANY LANDLORD PARTYTHE TEXAS CIV. PRAC. & REM. CODE XXX. SEC. 130.001 TO 130.005, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIESAS AMENDED.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM FULL EXTENT PERMITTED BY APPLICABLE LAWTHE LAWS OF THE PROVINCE OR STATE AND COUNTRY BY WHICH THE RECIPIENT IS GOVERNED, TENANTTHE RECIPIENT ASSUMES ALL LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE RECIPIENT’S ACCEPTANCE, ON BEHALF USE, HANDLING, STORAGE AND/OR DISPOSAL OF TENANT AND TENANT’S HEIRSTHE MATERIAL. REGION A WILL NOT BE LIABLE TO THE RECIPIENT FOR ANY LOSS, SUCCESSORSCLAIM OR DEMAND MADE BY THE RECIPIENT OR ANY OTHER PARTY, EXECUTORSOR MADE AGAINST THE RECIPIENT BY ANY OTHER PARTY, SUBROGATES AND ASSIGNSDUE TO OR ARISING FROM ANY ACCEPTANCE, HEREBY EXPRESSLY WAIVESUSE, RELEASES AND DISCHARGESHANDLING, AND STORAGE AND/OR DISPOSAL OF THE MATERIAL BY THE RECIPIENT, EXCEPT TO THE EXTENT PERMITTED BY LAW WHEN CAUSED BY THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF REGION A. THE RECIPIENT INSTITUTION AGREES TO INDEMNIFY, DEFEND, DEFEND AND HOLD HARMLESS THE LANDLORD PARTIES FROM REGION A AND AGAINSTCORPORATE AFFILIATES OF REGION A AND THEIR RESPECTIVE BOARDS OF GOVERNORS, ANY TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES AND AGENTS AGAINST ALL CLAIMS, COSTS, EXPENSESLIABILITY, DAMAGES, LAWSUITSEXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES), CLAIMS, DEMANDS, JUDGMENTS, AWARDS OR OTHER LOSSES BASED UPON OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE RECIPIENT’S ACCEPTANCE, USE, HANDLING, STORAGE AND/OR GROSS NEGLIGENCE DISPOSAL OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIESMATERIAL.