Waiver; Indemnity. 11.1 Notwithstanding any contrary provision herein, and except to the extent arising from the gross negligence or willful misconduct of Landlord, Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any injury or damage to any person or property or any other loss (including, but not limited to loss of income), which may be sustained by the persons, goods, wares, merchandise or property of Tenant, its agent, contractors, employees, invitees or customers or any other person in or about the Premises, the Building, or the Project by or from any cause whatsoever, and, without limiting the generality of the foregoing, whether caused by or resulting from water leakage of any character from the roof, walk, windows, basement, or any other portion of the Premises, the Building, or the Project, or by fire, steam, electricity, gas or oil, or by any interruption of utilities or services, or by any tenant, occupant, or other person, or by any other cause whatsoever, in, on or about the Premises, the Building or the Project. Notwithstanding any contrary provision in the Lease, Landlord shall in no event be liable for consequential damages hereunder.
11.2 Except to the extent that claims arise from the gross negligence or willful misconduct of Landlord, Tenant shall indemnify Landlord and hold Landlord harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising from Tenant's use or enjoyment of the Project, from the conduct of Tenant's business, from any act or omission, work or thing done, permitted or suffered by Tenant (or any officer, employee, agent, contractor, representative, licensee, guest, invitee or visitor thereof) in or about the Project, or from any default under this Lease by Tenant. If any action or proceeding is brought against Landlord by reason of any such matter, Tenant shall, upon notice from Landlord, defend same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property of Tenant, or injury to persons in or about the Premises, except to the extent arising from gross negligence or willful misconduct of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. The provision of this Section shall survive the expiration or termination of this Lease with respect to any claims or liabi...
Waiver; Indemnity. During the term of this Lease, Tenant shall maintain commercial general liability insurance coverage (occurrence coverage) with broad form contractual liability coverage and with coverage limits of not less than combined single limit, per occurrence, specifically including liquor liability insurance covering consumption of alcoholic beverages by customers of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall insure Tenant’s performance of the indemnity provisions of this Lease, but the amount of such insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. All policies of insurance provided for herein shall name as “additional insureds” Landlord, Landlord’s Agent, all mortgagees of Landlord and such other individuals or entities as Landlord may from time to time designate upon written notice to Tenant. Tenant shall provide to Landlord, at least thirty (30) days prior to expiration, certificates of insurance to evidence any renewal or additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease to Landlord prior to the Lease Commencement Date.
Waiver; Indemnity. (a) During the term of this Lease, Tenant shall maintain commercial general liability insurance coverage (occurrence coverage) with broad form contractual liability coverage and with coverage limits of not less than combined single limit, per occurrence, specifically including liquor liability insurance covering consumption of alcoholic beverages by customers of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall insure Tenant’s performance of the indemnity provisions of this Lease, but the amount of such insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. All policies of insurance provided for herein shall name as “additional insureds” Landlord, Landlord’s Agent, all mortgagees of Landlord and such other individuals or entities as Landlord may from time to time designate upon written notice to Tenant. Tenant shall provide to Landlord, at least thirty (30) days prior to expiration, certificates of insurance to evidence any renewal or additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease to Landlord prior to the Lease Commencement Date.
(b) Landlord (for itself and its insurer) waives any rights, including rights of subrogation, and Tenant (for itself and its insurer) waives any rights, including rights of subrogation, each may have against the other for compensation of any loss or damage occasioned to Landlord or Tenant arising from any risk generally covered by the “all risks” insurance required to be carried by Landlord and Tenant. The foregoing waivers of subrogation shall be operative only so long as available in the State of North Carolina. The foregoing waivers shall be effective whether or not the parties maintain the insurance required to be carried pursuant to this Lease.
(c) Except as otherwise provided in paragraph 10(b), Tenant indemnifies Landlord for damages proximately caused by the negligence or wrongful conduct of Tenant and Tenant’s employees, agents, invitees or contractors. Except as otherwise provided in paragraph 10(b), Landlord indemnifies Tenant for damages proximately caused by the negligence or wrongful conduct of Landlord and Landlord’s employees, agents, invitees or contractors. The indemnity provisions in this paragraph 10 cover personal injury and property damage and shall bind the employees, agents, invitees or contractors of Landlord and Tenant (as the case may be). The indemnity obligations in this par...
Waiver; Indemnity a) Licensor shall not be liable for and Licensee hereby waives all claims against Licensor for damage to any property or injury, illness, or death of any person in, upon or about the License Area arising in any way due to, in Connection with, or related to, directly or indirectly, the use of the License Area by Licensee, Licensee’s employees, agents, invitees, or contractors. Licensor and Licensee hereby agree and acknowledge that the relationship between Licensor and Licensee is solely a Licensor/Licensee relationship and not a principal/agent relationship or any other relationship. Licensee is acting on its own behalf in using the License Area (for the purposes described herein or for any other purpose(s) that may occur) and is not operating as an agent of Licensor or as part of Licensor’s operations as a school district. The provisions of this Section 3(a) shall not apply to the extent that all or part of the Liabilities (as defined below) is due to the gross negligence or willful misconduct of the Indemnified Parties or due to a breach of Licensor’s obligations under this Agreement.
b) To the fullest extent permitted by law, Licensee shall indemnify, defend, and protect Licensor, Licensor’s Board of Education, FilmL.A., and their respective officers, directors, other members, partners, employees, agents, and independent consultants (singularly, “Indemnified Party”; collectively, “Indemnified Parties”) and hold the Indemnified Parties harmless from any and all losses, costs, damages, expenses, and liabilities (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause (i) any default by Licensee in the observance or performance of any of the terms, covenants, or conditions of this Agreement on Licensee’s part to be observed or performed; (ii) the use, occupancy or control of the License Area by Licensee or any person claiming by, through, or under Licensee, Licensee’s employees, agents, contractors, licensees, directors, officers, partners, trustees, visitors, or invitees, or any such person in, on, or about the License Area either prior to, during, or after the expiration of the term of this Agreement (singularly, “Liability”; collectively, “Liabilities”); and
Waiver; Indemnity. The Borrower and the Secured Party specifically waive all claims of any nature against SunTrust relating to losses or damages of any nature whatsoever arising from or connected to or allegedly arising from or connected to any action or failure to act by SunTrust in connection with this Agreement, unless arising from SunTrust’s gross negligence or willful misconduct. SunTrust shall not be liable for, and the Borrower and the Secured Party jointly and severally agree to defend, indemnify and hold SunTrust harmless from and against, any and all liabilities, losses, damages, costs or expenses (including, without limitation, court costs, actual attorneys’ fees and other litigation expenses) which SunTrust may incur in connection with or pursuant to this Agreement, unless arising solely from SunTrust’s own gross negligence or willful misconduct. In no event shall SunTrust be liable for losses or delays resulting from computer malfunction, interruption of communication facilities, labor difficulties or other causes beyond SunTrust’s reasonable control or for indirect, special, punitive or consequential damages. Furthermore, notwithstanding anything in this Agreement to the contrary, (i) SunTrust shall have no fiduciary duties under this Agreement or any transaction or service contemplated by the provisions hereof to any party, and (ii) SunTrust shall have no liability as a result of acting or refraining from acting in good faith on any written notice, request, or withdrawal, payment, transfer, or other instruction (including but not limited to electronically confirmed facsimiles) purportedly furnished by Secured Party in accordance with the terms hereof, in which case the parties agree that SunTrust has no duty to make any further inquiry whatsoever.
Waiver; Indemnity. 9 12. Insurance........................................ 10 13.
Waiver; Indemnity. The CCSPCA, its officers, agents, and employees shall not be liable for, and PPO shall defend, indemnify and hold said parties harmless from, any and all claims, liability, judgments, fines, losses, damages, expenses, or costs of any kind or character, including attorneys’ fees and court costs (hereinafter referred to as “Claims”), arising out of, or in any manner either directly or indirectly connected with, any act, error, omission or negligence of PPO or its agents, employees, or volunteers, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of the CCSPCA, its officers, agents or employees. PPO shall have no obligation to defend or indemnify the CCSPCA from a claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligence or willful misconduct of the CCSPCA, its officers, agents, or employees.
Waiver; Indemnity. I HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY,
Waiver; Indemnity. 8.1 Each Client hereby agrees to indemnify and hold harmless AIS (which, for the purposes of this clause 8.1 shall include the AIS’s employees, officers, directors and agents), from any and all liability, costs, claims, fees, damages and other sums paid by AIS (collectively a “Loss”) arising out of or in relation to (whether directly or indirectly and under any theory of law) the provision of the Services by AIS unless such Loss is caused by a fraudulent act of AIS or solely and directly by the gross negligence of AIS.
8.2 Under no circumstance and under no theory of law, shall AIS be liable to any Client for any amount in excess of the actual amount of Fees paid by the Client to such AIS in the twelve (12) months immediately preceding any claim for Loss brought by a Client.
8.3 Nothing in this Agreement or the indemnity provided herein shall diminish any other indemnity or limitation of liability provided by any other document that is applicable to AIS in respect of the Client.
Waiver; Indemnity. Receiving Party hereby expressly waives all recourse against Company and agrees to hold Company harmless from any claim or liability arising from the use of or in connection with the Proprietary Information.
