Common use of WAIVER AND INDEMNITY Clause in Contracts

WAIVER AND INDEMNITY. 12.1 The Company shall make no claim or demand on behalf of himself, his employees or agents against the Consultant, its directors, officers, employees or its agents, for any injury; including injury resulting in death, or for loss or damage to property, sustained or suffered by the Company, its agents or employees or any other person, firm or corporation which is based upon or arises out of or is in any way connected with this Agreement, and hereby waives as against the consultant its directors, employees and agents all such claims or demands. 12.2 The Consultant shall indemnify and save harmless the Company: (a) from and against any and all claims, demands, awards, actions and proceedings by whomsoever made, brought or prosecuted; (b) from and against any and all loss, damage or expense suffered or incurred by the company, its officers, employees or agents which are based upon, arise out of, or are in any way connected with this Agreement or anything done or maintained hereunder or anything not done or maintained as required hereunder and which are attributable to the negligence or wilful misconduct of the Consultant, except where the same was caused by the Company, or its officers, employees or agents. 12.3 The Company shall indemnify and save harmless the Consultant: (a) from and against any and all claims, demands, awards, actions and proceedings by whosoever made, brought or prosecuted; (b) from and against any and all loss, damage or expense suffered or incurred by the Consultant, its officers, employees or agents; which are based upon, arise out of, or are in any way connected with this Agreement or anything done or maintained hereunder or anything not done or maintained as required hereunder and which are attributable to the negligence or willful misconduct of the Company, except where the same was caused by the Consultant, or its officers, employees or agents. 12.4 Neither party is liable for any indirect or consequential damages including loss of profits or loss of anticipated profits sustained by the other party in the performance, purported performance or non-performance of this Agreement. 12.5 The term of this Article VI shall survive any termination of this Agreement.

WAIVER AND INDEMNITY. 12.1 The Company (a) Notwithstanding anything to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective partners, officers and employees and property manager from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Section 6.1(a-e) or 6.2, even if such loss or damage shall make no claim have been caused by the fault or demand on behalf negligence of himselfthe other party, his or anyone for whom such party may be responsible, provided, however, as set forth above, Tenant’s liability insurance shall be primary. Further, Landlord will not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, customers or any other person or about the Property, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Property, or from other sources or places; (d) any curtailment or interruption in utility services or (e) any act or omission of any other tenant of the Property. Tenant will give Landlord prompt notice upon the occurrence of any accident or casualty at the Premises. (b) Notwithstanding anything apparently to the contrary in this Lease, Landlord and its partners, officers and employees and property manager shall not be liable to Tenant, and Tenant hereby releases such parties from all damage, compensation or claims from any cause other than the intentional misconduct of Landlord or its partners, officers or employees or agents against the Consultant, its directors, officers, employees or its agents, for any injury; including injury resulting in death, or for property manager arising from: loss or damage to propertypersonal property or trade fixtures in the Premises including books, sustained records, files, computer equipment, computer data, money, securities, negotiable instruments or suffered by the Company, its agents other papers; lost business or employees or any other person, firm or corporation which is based upon or arises consequential damage arising out of interruption in the use of the Premises; and any criminal act by any person other than Landlord or is in any way connected with this Agreementits partners, officers or employees. (c) Tenant agrees to indemnify, defend and hereby waives as against the consultant hold Landlord and its directorspartners, officers and employees and agents all such claims or demands. 12.2 The Consultant shall indemnify and save property manager harmless the Company: (a) from and against any and all claimsclaim, demands, awards, actions and proceedings by whomsoever made, brought or prosecuted; (b) from and against any and all loss, damage loss or expense suffered arising out of (i) injury, death or incurred by property loss or damage occurring in the companyPremises or arising from the use or occupancy thereof, its officers, employees or agents which are based upon, arise out of, or are in any way connected with this Agreement or anything done or maintained hereunder or anything not done or maintained as required hereunder and which are attributable except only to the negligence or wilful misconduct of the Consultant, except where the same was extent caused by the Company, negligent act or intentional misconduct of Landlord or its officerspartners, officers or employees or agents. 12.3 The Company shall indemnify and save harmless the Consultant: property manager, (aii) from and against any and all claims, demands, awards, actions and proceedings by whosoever made, brought or prosecuted; (b) from and against any and all loss, damage or expense suffered or incurred by the Consultant, its officers, employees or agents; which are based upon, arise out of, or are in any way connected with this Agreement or anything done or maintained hereunder or anything not done or maintained as required hereunder and which are attributable to the negligence or willful misconduct of Tenant in, upon or about the CompanyProperty, or (iii) any breach or default by Tenant under this Lease. . (d) Landlord agrees to indemnify, defend and hold Tenant and its partners, officers and employees harmless from and against any claim, loss or expense arising out of any act of negligence of Landlord, except where to the same was extent caused by the Consultant, negligent act or intentional misconduct of Tenant or its officerspartners, employees officers or agentsemployees. This indemnity does not cover claims arising from the presence or release of Hazardous Materials. 12.4 Neither party is liable for any indirect or consequential damages including loss of profits or loss of anticipated profits sustained by the other party in the performance, purported performance or non-performance of this Agreement. 12.5 The term of this Article VI shall survive any termination of this Agreement.

WAIVER AND INDEMNITY. 12.1 The Company shall make no claim or demand on behalf (a) From and after execution of himselfthis Lease, his employees or agents against the ConsultantTenant assumes all risks of its own operations, its directors, officers, employees or its agents, for any injury; including injury resulting in death, or for loss or damage to property, sustained or suffered by the Company, and Tenant and its agents or employees or any other person, firm or corporation which is based upon or arises out of or is in any way connected with this Agreement, and hereby waives as against the consultant its directors, employees and agents all such claims or demands. 12.2 The Consultant independent contractors shall indemnify and save hold harmless the Company: (a) Landlord from and against any and all claims, demandsactions, awardsdamages, actions liabilities and proceedings expenses, including costs and reasonable attorneys’ fees, by whomsoever madereason of death or injuries to persons or damage to property arising either directly or indirectly out of: (i) the use, brought occupancy, or prosecuted; (b) from and against any and all loss, damage or expense suffered or incurred enjoyment of the Premises by the companyTenant, its officersagents, employees or agents which are based upon, arise out ofemployees, or are in contractors, or any way connected with this Agreement maintenance, repair, work, activity, or anything other things allowed or permitted by Tenant to be done or maintained hereunder left undone in or anything not done about the Premises, the Building, or maintained as the Site; (ii) the actions or omissions of Tenant, Tenant’s agents, servants, contractors, or employees, or of any other person entering onto the Premises, the Building, or the Site under express or implied invitation of Tenant; (iii) any breach or default in the performance of any obligation of Tenant under this Lease; (iv) the interference of the Equipment; or (v) any negligent or willful act or failure to act of Tenant, its agents, employees, or contractors. Tenant shall not, however, be required hereunder and which are attributable to indemnify Landlord to the negligence or wilful misconduct of the Consultant, except where the same was extent such damages are caused by the Company, or its officers, employees or agents. 12.3 The Company shall indemnify and save harmless the Consultant: (a) from and against any and all claims, demands, awards, actions and proceedings by whosoever made, brought or prosecuted; (b) from and against any and all loss, damage or expense suffered or incurred by the Consultant, its officers, employees or agents; which are based upon, arise out of, or are in any way connected with this Agreement or anything done or maintained hereunder or anything not done or maintained as required hereunder and which are attributable to the gross negligence or willful misconduct of the Company, except where the same was caused by the Consultant, Landlord. Tenant’s obligations under this Section shall survive expiration or its officers, employees or agentsearlier termination of this Lease. 12.4 Neither party is liable for (b) If the Premises or the Equipment are destroyed or damaged by any indirect cause to such an extent or consequential damages including loss degree that Tenant suffers shut down of profits service or loss of anticipated profits sustained by revenue or property, Landlord shall not be responsible in any way for loss of such revenue or property. If Tenant cannot or chooses not to restore service within 90 days, either party may, at its option and without liability, terminate this Lease upon notice to the other party in the performance, purported performance or non-performance of this Agreementparty. 12.5 The term of this Article VI shall survive any termination of this Agreement.