Waiver Indemnification. Neither Landlord nor Landlord's agents, nor any shareholder, constituent partner or other owner of Landlord or any agent of Landlord, nor any contractor, officer, director or employee of any thereof shall be liable to Tenant and Tenant waives all claims against Landlord and such other persons for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises or the Building by or from any cause whatsoever, including without limitation, earthquake or earth movement, gas, fire, oil, electricity or leakage from the roof, walls, basement or other portion of the Premises or the Building, unless caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Tenant agrees to indemnify and hold Landlord, Landlord's agents, the shareholders, constituent partners and/or other owners of Landlord or any agent of Landlord, and all contractors, officers, directors and employees of any thereof (collectively, "Indemnitees"), and each of them, harmless from and to protect and defend each Indemnitee against any and all claims, demands, suits, liability, damage or loss and against all costs and expenses, including reasonable attorneys' fees incurred in connection therewith, (a) arising out of any injury or death of any person or damage to or destruction of property occurring in, on or about the Premises, from any cause whatsoever, unless caused by the gross negligence or willful misconduct of such Indemnitee, or (b) occurring in, on or about any facilities (including without limitation elevators, stairways, passageways or hallways) the use of which Tenant has in common with other tenants, or elsewhere in or about the Building or in the vicinity of the Building, when such claim, injury or damage is caused in whole or in part by the act, neglect, default, or omission of any duty by Tenant, its former or current agents, contractors, employees, invitees, or subtenants or other persons in or about the Building by reason of Tenant's occupancy of the Premises, or otherwise by any conduct of any of said persons in or about the Premises or the Real Property, or (c) arising from any failure of Tenant to observe or perform any of its
Waiver Indemnification. The Superintendent, as a retire-rehire employee under the Texas Teacher Retirement System (TRS), hereby WAIVES, RELEASES, and AGREES TO INDEMNIFY AND HOLD HARMLESS the District, its officers, agents, and employees for any consequences to the Superintendent’s TRS income or benefits resulting from the terms of this Contract.
Waiver Indemnification. 26 14. INSURANCE..............................................................27 15.
Waiver Indemnification. You hereby release, waive and discharge AlpHa Measurement Solutions and its group companies, including Analytical Sensors & Instruments, Aurora Scientific Instruments and Van London Co., and their respective affiliates, and their respective directors, managers, officers, employees, agents and representatives (the “Released Parties”) from any and all loss, liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or personal injury, including, but not limited to, illness or death, arising out of or related to any installation, use, storage or handling of any product in an improper, inadequate or unapproved manner by you or any third party, including failure to follow our instructions, operating guidelines or protocols, operation outside of stated environmental or use specifications, or operation or contact with unapproved materials, chemicals or other products.
Waiver Indemnification. The parties agree to and hereby do waive any suit, claim, demand, or cause of action of any kind which either may have or may assert against the Escrow Agent arising out of or relating to Escrow Agent’s performance hereunder, unless such suit, claim, demand, or cause of action is based entirely upon Escrow Agent’s gross negligence or bad faith. The parties do hereby agree to indemnify and hold Escrow Agent harmless from and against any and all liabilities, actions, claims, demands, damages, and expenses of every type and kind, including reasonable attorneys’ fees, asserted against or incurred by Escrow Agent as a result of or in connection with its serving as the Escrow Agent hereunder, excepting only such claims and expenses as may result from Escrow Agent’s gross negligence or bad faith.
Waiver Indemnification. Failure of any party to insist upon strict performance of any provision of this or any agreement or the failure of any party to exercise any right or remedy to which it, he/ she or they are entitled
Waiver Indemnification. You hereby release, waive and discharge AlpHa Measurement Solutions, LLC, their respective brands, affiliates, directors, managers, officers, employees, agents and representatives (the “Released Parties”) from any and all loss, liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or personal injury, including, but not limited to, illness or death, arising out of or related to any installation, use, storage or handling of any product in an improper, inadequate or unapproved manner by you or any third party, including failure to follow our instructions, operating guidelines or protocols, operation outside of stated environmental or use specifications, or operation or contact with unapproved materials, chemicals or other products.
Waiver Indemnification. Licensee shall waive any direct claim and indemnify, defend, and hold harmless Archive360, Inc., and its officers, directors, employees, attorneys, and agents from and against any and all third-party claims, penalties, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with the following:
(a) Licensee’s breach of this agreement or any applicable law;
(b) The data migration project is incomplete or data is unable to be migrated as a result of or contributed by problems arising from end user’s environment or because data is corrupted, missing, malformed or otherwise unable to be migrated.
(c) Any data stored on any external drive and drive shipped to a third party that was not delivered or not able to be uploaded to any ISP platform;
(d) Handling of data that may violate any rule, regulation or standard of end user’s industry as directed by the Licensee or its partner or specified within any Statement of Work to migrate and/or transfer data from one jurisdiction to another that may violate any applicable privacy law, data localization or cross border data transfer law, including for illustrative purposes but not limited to, the EU General Data Protection Regulation (GDPR); U.K’s Data Protection Act (DPA); France’s Blocking Statute (Law No. 80-538); Germany’s Federal Data Protection Act, Bundesdatenschutzgesetz (BDSG); Asia Pacific’s Economic Cooperation’s Cross-Border Privacy Rules (CBPR), and California’s Consumer Privacy Act (CCPA);
Waiver Indemnification. Tenant shall have access to the Premises thirty (30) days prior to Substantial Completion for installation of furniture and communications equipment. Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise in, and upon, or about the Premises from any incident arising at any time during the period in which Tenant's agents are installing signs, fixtures, or any other equipment and/or constructing any improvements in the Premises. Tenant will also hold Landlord exempt and harmless from any damage or injury to any person arising from the such installations or construction of the Tenant Improvements by Tenant. 20 EXHIBIT "D-2" WORKLETTER AREA TWO
1. COMPLETION SCHEDULE. The following schedule (the "Work Schedule") is hereby established timetable for the planning and completion of the installation of the Area Two Improvements (as defined in Paragraph 2 below) to be constructed in Area Two. Tenant submits space plan to Landlord for approval. 05/25/01 Landlord review and approval of space plan (or comments specifying those item~ not approved). 06/01/01 Tenant submits Area Two Plans (as hereinafter defined) to Landlord for approval. 06/29/01 Landlord review and approval of Area Two Plans (or comments specifying those items not approved). 07/13/01 Bid period complete. 07/20/01 Commence construction. 07/23/01 Substantial completion 11/01/01
Waiver Indemnification. Tenant shall have access to the Premises thirty (30) days prior to Substantial Completion for installation of furniture and communications equipment. Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise in, and upon, or about the Premises from any incident arising at any time during the period in which Tenant's agents are installing signs, fixtures, or any other equipment and/or constructing any improvements in the Premises. Tenant will also hold Landlord exempt and harmless from any damage or injury to any person arising from the such installations or construction of the Tenant Improvements by Tenant. EXHIBIT "E" NON-DISTURBANCE AGREEMENT THIS AGREEMENT made this _____ day of ______________, 19___, between ______________________, a ________________ (hereinafter called "Lender"), ___________________________________, a _________ (hereinafter called "Tenant"), and ______________, a _______________ (said landlord and its successors and assigns occupying the position of landlord under the Lease hereinafter called "Landlord").