Xxxxxx and Release. In consideration of the acceptance of the camper, we the undersigned, for ourselves, our heirs, executors, and administrators agree to be legally bound to the terms and conditions hereinafter set forth. We hereby give our consent and approval to the participation of the applicant in the program conducted by Coach Xxxx Xxxxxx, staff, & Northwestern University, and certify that she is physically fit to take part in all activities. Further, we do hereby waive, release, and forever discharge said organizations, its staff, agents, representatives, employees and the successors and assign from any and all claims for damages occurring from accident, injury to person, or loss of personal property occurring during her stay at camp, her participation in all activities, or arising from her travel to or from camp.
Xxxxxx and Release. Both the Player and Parent agree a Xxxxxx and Release will be executed and become a part of the Player Contract.
Xxxxxx and Release. Design-Builder waives any right to adjustment of the GMP, Contract Time, or Project Schedule, or to payment of any kind for changed Work, if it fails to timely satisfy the notice, analysis, and other requirements pertaining to RFI’s, ITC’s, PCO’s, and Change Orders set forth herein. Execution of a Change Order by Design-Builder shall operate as a release of all claims by Design-Builder and its Subcontractors of any tier in connection with the Work changed and any other putative changes for which there is no outstanding, unresolved PCO. General disclaimers and reservations of rights by Design-Builder that do not specifically detail putative claims outstanding will not avoid the releases and waivers indicated herein.
Xxxxxx and Release. It is understood that the participation in sports’ activities, including swimming, may involve the risk of serious injury or death. The undersigned hereby expressly agrees that all such activities contemplated herein by the Swimmer shall be undertaken at the Swimmer’s own risk. I represent that the Swimmer is physically able to undertake all physical activities provided or to be provided by STAR. I do hereby individually and on behalf of the Swimmer as his or her parent or legal guardian forever RELEASE, waive and discharge STAR, its affiliates, officers, directors, servants, agents, employees, coaches, and volunteers on behalf of myself, the Swimmer, and our heirs, executors, administrators, and personal representatives from any and all claims, demands, injuries, actions, active or passive, negligence, or other causes or actions whatsoever arising out of or connected with any of the services or activities provided by STAR to the Swimmer. STAR shall not be liable for any such claims. I, Swimmer/Xxxxxxx’s parent or legal guardian, hereby consent and affirm the forgoing LIABILITY WAIVER on behalf of the Swimmer, myself, and Xxxxxxx’s family and all parties as stated herein. By affirming and consenting to the Liability Waiver and Risk Agreement, it is my intention that the terms of this Agreement by and through my consent are effective as to the Swimmer as if the Swimmer were an adult rather than a minor. I authorize STAR employees to take the necessary steps regarding medical attention of the Swimmer (i.e. first aid, calling ambulance service or transportation to be admitted to the hospital) and authorize hospital facilities and staff to treat my child for any illness or injury he/she has.
Xxxxxx and Release. Licensee hereby waives and releases any claims Licensee may have against Licensor, its successors and assigns for all fines, suits, claims, demands, losses, liabilities, actions and costs, including court costs and attorneys’ fees (collectively, “Damages”) arising out of Licensee’s use of the License Area.
Xxxxxx and Release. Hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ULTIMATE, the operators, organizers, sponsors, and hosts of the EVENTS, officials, rescue personnel, the track and facility and location owners, lessors, lessees, inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the track, facility and location, and each of their affiliated owners, subsidiaries, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, assigns, affiliated organizations and entities, and all other persons or entities participating or involved in the EVENTS (hereinafter collectively “RELEASEES”), FROM ALL LIABILITY to the UNDERSIGNED for any and all loss or damage and any claim or demands therefore on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the UNDERSIGNED arising out of or related to the UNDESIGNED’s participation in any way in the EVENTS and/or the UNDERSIGNED’s presence in or upon the RESTRICTED AREA where the EVENTS are or will be taking place, even that caused by the ordinary NEGLIGENCE of the RELEASEES (hereinafter “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, ordinary NEGLIGENT RESCUE EFFORTS, and ordinary NEGLIGENT enforcement of (or the failure to enact or enforce) rules, regulations and guidelines. It also encompasses, without limitation, LIABILITY concerning the ordinary NEGLIGENT selection, use, operation, design and/or maintenance of any equipment, facility, location, or service related to the EVENTS.
Xxxxxx and Release. (a) EFFECTIVE AS OF THE DATE HEREOF, TO INDUCE THE ADMINISTRATIVE AGENT AND THE LENDER PARTY HERETO TO AGREE TO THE TERMS OF THIS AMENDMENT, THE BORROWER REPRESENTS AND WARRANTS THAT, AS OF THE DATE HEREOF, THERE ARE NO CLAIMS OR OFFSETS AGAINST, OR RIGHTS OF RECOUPMENT WITH RESPECT TO, OR DISPUTES OF, OR DEFENSES OR COUNTERCLAIMS TO, ITS OBLIGATIONS UNDER THIS AMENDMENT OR THE OTHER NOTE DOCUMENTS, AND IN ACCORDANCE THEREWITH, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE BORROWER:
(i) WAIVES ANY AND ALL SUCH CLAIMS, OFFSETS, RIGHTS OF RECOUPMENT, DISPUTES, DEFENSES AND COUNTERCLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING PRIOR TO THE DATE HEREOF; AND
(ii) FOREVER RELEASES, RELIEVES, AND DISCHARGES THE ADMINISTRATIVE AGENT AND EACH LENDER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, PREDECESSORS, SUCCESSORS, ASSIGNS, ATTORNEYS, ACCOUNTANTS, AGENTS, EMPLOYEES, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”), AND EACH OF THEM, FROM ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, CAUSES OF ACTION, DEBTS, OBLIGATIONS, PROMISES, ACTS, AGREEMENTS, AND DAMAGES, OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR FIXED, LIQUIDATED OR UNLIQUIDATED, MATURED OR UNMATURED, WHETHER ARISING AT LAW OR IN EQUITY, WHICH THE BORROWER EVER HAD, NOW HAVE, OR MAY, SHALL, OR CAN HEREAFTER HAVE, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY BASED UPON, CONNECTED WITH, OR RELATED TO MATTERS, THINGS, ACTS, CONDUCT, AND/OR OMISSIONS AT ANY TIME FROM THE LATER OF THE CLOSING DATE OR THE DATE THAT WAS NINETY (90) DAYS PRIOR TO THE DATE HEREOF THROUGH AND INCLUDING THE DATE HEREOF, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING UNDER OR RELATED TO ANY OF THE NOTE DOCUMENTS OR ANY OF THE TRANSACTIONS CONTEMPLATED THEREBY.
(b) IN CONNECTION WITH THE RELEASE CONTAINED HEREIN, THE BORROWER ACKNOWLEDGES THAT IT IS AWARE THAT IT MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH IT KNOWS OR BELIEVES TO BE TRUE, WITH RESPECT TO THE MATTERS RELEASED HEREIN. NEVERTHELESS, IT IS THE INTENTION OF THE BORROWER, THROUGH THIS AMENDMENT AND WITH ADVICE OF COUNSEL, FULLY, FINALLY, AND FOREVER TO RELEASE ALL SUCH MATTERS, AND ALL CLAIMS RELATED THERETO, WHICH DO NOW EXIST, OR HERETOFORE HAVE EXISTED. IN FURTHERANCE OF SUCH INTENTION, THE RELEASES HEREIN GIVEN SHALL BE AND REMAIN IN EFFECT AS A FULL AND COMPLETE RELEA...
Xxxxxx and Release. (a) Effective on the execution of this Amendment, Borrower and Guarantor, on their own behalf and on behalf of each of their respective past, present and future predecessors, successors, subsidiaries, parent entities, assigns, shareholders, partners, members, owners, other principals, affiliates, managers, and, with respect to Borrower and Guarantor and each of the other foregoing entities and individuals, each of their respective predecessors, successors, assigns, and past and present shareholders, partners, members, owners, other principals, affiliates, managers, employees, officers, directors, attorneys, agents, other representatives, insurers and any other individuals and entities claiming or acting by, through, under or in concert with Borrower or Guarantor (collectively, the “Borrower Party Releasors”), hereby fully and forever release, relinquish, discharge and acquit Lender and its respective past, present, and future predecessors, successors, subsidiaries, parent entities, assigns, participants, shareholders, partners, members, owners, other principals, affiliates, managers, and, with respect to each of the foregoing entities and individuals, each of their respective predecessors, successors, assigns, participants and past and present shareholders, partners, members, owners, other principals, affiliates, managers, employees, officers, directors, attorneys, agents, other representatives, insurers and any other individuals and/or entities claiming or acting by, through, under or in concert with each such entity or individual (collectively, the “Lender Party Releasees”), of and from and against any and all claims, demands, obligations, duties, liabilities, damages (including, without limitation, special, punitive, indirect or consequential damages), expenses, claims of offset, indebtedness, debts, breaches of contract, duty or relationship, acts, omissions, misfeasance, malfeasance, causes of action, sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, losses and remedies therefor, choses in action, rights of indemnity or liability of any type, kind, nature, description or character whatsoever, arising, directly or indirectly, in any manner from and/or out of (i) the Loan, the Loan Documents and/or the Premises, (ii) Lender’s acts, statements, conduct, representations and omissions made in connection therewith, including, without limitation, the disbursement of funds or any election of Lender to refrain from any ...
Xxxxxx and Release. 1. We hereby release and agree to indemnify and hold harmless from liability AYLX and its officers, directors, employees, affiliates, parent entities (including OpenCollective Foundation), and/or agents for any liabilities, claims, damages, costs or expenses, (including court costs and legal fees incurred) resulting from any of my acts or the acts of my child, omissions or failure to act during participation in the program, including but not limited to my/my child’s negligence, intentional acts, gross negligence, or willful or wanton conduct. To the furthest extent permissible by law, we hereby irrevocably, unconditionally, and fully waive, release and forever discharge the AYLX and its officers, directors, employees, affiliates, parent entities (including OpenCollective Foundation), and/or agents from any and all liabilities, claims, damages, costs or expenses associated with participation in the program, including but not limited to those resulting from personal injury or property damage, injury, loss, delay, or expense incurred by me/us or any host family member, guest, employee, agent, or a third party due to: (i) events beyond AYLX’s reasonable control, including without limitation acts of God, acts of war or governmental restrictions, and, in the absence of gross negligence or willful misconduct by AYLX, (ii) any events and/or acts directly or indirectly caused by any intentional or negligent acts or omissions at any time by any student and/or host. I have read and understand this Agreement and discussed its terms and conditions with my parent(s)/guardian(s). I agree with the purpose of the AYLX and fully accept all terms and conditions of this Agreement and all other rules, regulations, and conditions set forth concerning the program. I will do my best to become an integral part of my host family, academic institution, and community; will travel only in accordance with the Travel Policies above; and will attend the institution or program designated for me regularly, and complete all work to the best of my ability. I hereby certify that the information provided in all parts of the application is truthful. I understand that any misrepresentation or false answer can be grounds for my dismissal from the AYLX program and/or loss of scholarship stipend.
1. We have discussed the goals of the AYLX program and this Agreement with our child, and each of us fully understands the obligations and agrees to adhere to them.
2. We confirm that all information provi...
Xxxxxx and Release. Acceptance of final payment by Design-Builder or any Subcontractor shall constitute a waiver and release to Owner/DES of all claims by Design-Builder, or any such Subcontractor, for an increase in the Contract Price or Contract Time, and for every act or omission of Owner/DES relating to or arising out of the Work, except for those claims made in accordance with Article 10.
