Waiver of Liability; Indemnity. (a) The Second-Lien Collateral Agent, on behalf of itself and the other Second-Lien Creditors, also agrees that the First-Lien Creditors and the U.S. First-Lien Collateral Agent shall have no liability to the Second-Lien Collateral Agent or any other Second-Lien Creditors, and the Second-Lien Collateral Agent, on behalf of itself and the Second-Lien Creditors, hereby waives any claim against any First-Lien Creditor or the U.S. First-Lien Collateral Agent, arising out of any and all actions which the First-Lien Creditors or the U.S. First-Lien Collateral Agent may take or permit or omit to take with respect to: (i) the First-Lien Documents (including, without limitation, any failure to perfect or obtain perfected security interests in the First-Lien Collateral), (ii) the collection of the First-Lien Obligations or (iii) the foreclosure upon, or sale, liquidation or other disposition of, any First-Lien Collateral. The Second-Lien Collateral Agent, on behalf of itself and the other Second-Lien Creditors, agrees that the First-Lien Creditors and the U.S. First-Lien Collateral Agent have no duty, express or implied, fiduciary or otherwise, to them in respect of the maintenance or preservation of the First-Lien Collateral, the First-Lien Obligations or otherwise. Neither the U.S. First-Lien Collateral Agent nor any other First-Lien Creditor nor any of their respective directors, officers, employees or agents will be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so, or will be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Borrower or any other Grantor or upon the request of the Second-Lien Collateral Agent, any other holder of Second-Lien Obligations or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. Without limiting the foregoing, each Second-Lien Creditor by accepting the benefits of the Second-Lien Security Documents agrees that neither the U.S. First-Lien Collateral Agent nor any other First-Lien Creditor (in directing the Collateral Agent to take any action with respect to the Collateral) shall have any duty or obligation to realize first upon any type of Collateral or to sell, dispose of or otherwise liquidate all or any portion of the Collateral in any manner, including as a result of the application of the principles of marshaling or otherwise, that would maximize the return to any class of Credit...
Waiver of Liability; Indemnity. Nothing in this agreement shall release the student of any responsibility or liability due the internship institution, and institutions may require other forms and agreements between the student and the intuition. [The term “
Waiver of Liability; Indemnity. Indemnity. The undersigned student and parent and/or legal guardian each, jointly and severally, hereby releases, waives his or her rights to recover against, and agrees to indemnify, defend, and hold harmless Liberty University, and all of its operators, and parent, subsidiary and related entities, and its and their respective officers, directors, employees, agents, servants and insurers (hereinafter jointly referred to as the “Indemnitee”) from and for any and all claims or causes of action for any losses, damages, property damage, property loss or theft, costs, expenses (including attorney’s fees and opinion witness fees), complaints, personal injury, death or other loss arising from or relating in any way to student’s participation in the Internship, including, without limitation, student’s travel to, from and during the internship, and wrongful acts of others that are harmful to the student. Waiver. The undersigned student and parent and/or legal guardian each waive any and all claims that may arise against Liberty University, and all of its operators, and parent, subsidiary and related entities, and its and their respective officers, directors, employees, agents, servants and insurers as a result of or in any way related to student’s participation in the Internship, including, without limitation, student’s travel to, from and during the internship, and wrongful acts of others that are harmful to the student, including but not limited to claims alleging negligence, gross negligence, and/or willful and wanton negligence. The undersigned student and parent and/or legal guardian each further agree to waive the protection afforded by any statute or law in any jurisdiction the purpose, substance and/or effect of which is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
Waiver of Liability; Indemnity. (i) Without affecting any rights the Banks may have under Applicable Law, the Borrower agrees that none of the Banks, the Issuing Bank, the Agent or their respective officers or directors shall be liable or responsible for, and the obligations of the Borrower to the Banks, the Issuing Bank and the Agent hereunder shall not in any manner be affected by: (A) the use that may be made of any Letter of Credit or the proceeds thereof by the beneficiary thereof or any other Person or any acts or omissions of such beneficiary or any other Person; (B) the validity or genuineness of documents presented in connection with any Draw, or of any endorsements thereon, even if such documents should, in fact, prove to be in any or all respects, invalid, fraudulent or forged; or (C) any other circumstances whatsoever in making or failing to make payment under any Letter of Credit or any other action taken or omitted to be taken by any Person under or in connection with any Letter of Credit, except that the Borrower shall have a claim against the Issuing Bank and the Issuing Bank shall be liable to the Borrower, in each case to the extent and only to the extent of any damages suffered by the Borrower that are caused by (1) the Issuing Bank's willful misconduct or gross negligence (as determined by a court of competent jurisdiction) in determining whether documents presented under any Letter of Credit issued by the Issuing Bank complied with the terms of such Letter of Credit or (2) the Issuing Bank's willful failure (as determined by a court of competent jurisdiction) to pay under such Letter of Credit after the presentation to it of documents strictly complying with the terms and conditions of such Letter of Credit. In furtherance and not in limitation of the foregoing, in determining whether to pay under any Letter of Credit, the Issuing Bank shall not have any obligation relative to the other Banks other than to determine that any documents required to be delivered under such Letter of Credit appear to have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit, regardless of any notice or information to the contrary. Any action taken or omitted to be taken by the Issuing Bank under or in connection with any Letter of Credit, if taken or omitted in the absence of gross negligence or willful misconduct, shall not create for the Issuing Bank any resulting liability to any Bank.
Waiver of Liability; Indemnity. Except to the extent of the negligence or the willful misconduct of CSP, its agents and employees (collectively “CSP Parties”), Occupant will reimburse CSP Parties for and will indemnify, defend, and hold harmless CSP Parties from and against any and all loss or damage sustained by, liability or charges imposed on, and claims or CITY XX XXXXX XXXX P.O. BOX 901 SAINT XXXX ISLAND, ALASKA 99660-0901 Admin: (000) 000-0000 FAX (000) 000-0000 causes of action asserted against CSP Parties arising in whole or in part out of or by reason of (i) personal injury (including but not limited to death) or property loss or damage in or on the Premises, any use of the Premises, or any hidden or apparent defect in the Premises; or (ii) any damage to or loss of any property of Occupant or its agents, employees, and invitees (collectively “Occupant Parties”), whether this damage to or loss of property occurs on the Premises or on any other part of the real property owned by CSP; or (iii) any act, negligence, or fault of Occupant Parties, whether occurring on the Premises or on any other part of the real property owned by CSP. Occupant waives all rights and claims against CSP Parties, for personal injury (including but not limited to death) or property loss or damage occurring anywhere on the real property owned by CSP on which the Premises is located, except to the extent of the negligence or the willful misconduct of CSP Parties. Occupant’s reimbursement and indemnity obligations will include, but not be limited to, any and all penalties, assessments, fines, damages, interest, settlement amounts, judgments, losses, reasonable attorneys’ fees, and other expenses, and will survive the expiration or other termination of this Lease.
Waiver of Liability; Indemnity a) Show Management will exercise reasonable precaution for the protection of property of Exhibitors, but shall assume no responsibility for loss or damage to the property of Exhibitors placed in exhibit area or adjacent grounds and is discharged from all liabilities. Exhibitor shall be liable for any and all damage he/it may cause the Fairgrounds property.
Waiver of Liability; Indemnity. I ACKNOWLEDGE AND AGREE THAT in consideration of my use of Dalhousie University’s climbing facility and/or climbing equipment:
Waiver of Liability; Indemnity. (a) Sublessor shall not be liable or responsible for, and Sublessee waives all claims against Sublessor, its agents, employees, officers, directors and invitees with respect to or arising out of, any death of or injury to Sublessee, its agents, employees, officers, directors invitees, or any other person, from any causes whatsoever, or for any loss of or damage to any property outside or within the Subleased Premises, unless such death, injury, loss or damage is caused by the negligence or willful misconduct of Sublessor or its agents, employees, officers, directors and invitees.
Waiver of Liability; Indemnity. (a) Each Second Priority Representative, on behalf of itself and the related Second Priority Debt Parties, agrees that the Senior Secured Parties and the Senior Representatives have no fiduciary duty to them or any other duty, express or implied, to them in respect of the maintenance and preservation of the Shared Collateral. Neither the Senior Representatives nor any other Senior Secured Party nor any of their respective directors, officers, employees or agents will be liable for failure to demand, collect or realize upon any of the Shared Collateral or for any delay in doing so, or will be under any obligation to sell or otherwise dispose of any Collateral upon the request of any Second Priority Representative or any other holder of Second Priority Debt Obligations or to take any other action whatsoever with regard to the Shared Collateral or any part thereof. Without limiting the foregoing, each Second Priority Debt Party by accepting the benefits of the Second Priority Collateral Documents agrees that neither the Senior Representatives nor any other Senior Secured Party (in directing the Designated Senior Representative to take any action with respect to the Shared Collateral) shall have any duty or obligation to realize first upon any type of Shared Collateral or to sell, dispose of or otherwise liquidate all or any portion of the Shared Collateral in any manner that would maximize the return to any class of Secured Parties holding Secured Obligations of any type (whether Senior Obligations or Second Priority Debt Obligations), notwithstanding that the order and timing of any such realization, sale, disposition or liquidation may affect the amount of proceeds actually received by such class of Secured Parties from such realization, sale, disposition or liquidation.
Waiver of Liability; Indemnity. Landlord shall not be liable to Tenant, or those claiming through or under Tenant, for injury, death or property damage occurring in, on or about the land or the Building and appurtenances thereto, including the parking lot, unless caused by the negligence of Landlord, its agents or employees. Tenant shall indemnify Landlord and hold it harmless from any claim or damage arising out of any injury, death or property damage occurring in, on or about the Leased Premises to Tenant or to any third party, unless caused by the negligence of Landlord, its agents or employees. During the full term hereof, Tenant shall keep continually in full force and effect a comprehensive general liability policy covering occurrences in, on and about the Leased Premises, naming Landlord as an additional insured, with such reasonable limits of loss as may from time to time be required by Landlord, but in no event less than a combined single limit for personal injury and property damage of $1,000,000 for each occurrence. Tenant shall deliver to Landlord a certificate evidencing said liability insurance and providing that the same may be canceled only with thirty (30) days prior notice to Landlord.
