Common use of Waiver and Indemnification Clause in Contracts

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANTRESIDENT, ON BEHALF OF TENANT RESIDENT AND TENANT’S RESIDENT'S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ ATTORNEY'S FEES AND COSTS) (COLLECTIVELY, “"CLAIMS”"), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT RESIDENT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTYAPARTMENT COMMUNITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LANDLORD PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIES.

Waiver and Indemnification. A. SUBJECT TO ITS RIGHTS AND OBLIGATIONS UNDER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRACT, TENANTWHICH REMAIN IN FULL EFFECT, ON BEHALF OF TENANT RECIPIENT AGREES TO WAIVE ANY AND TENANT’S HEIRSALL CLAIMS AGAINST THE GOVERNMENT AND SHALL INDEMNIFY AND HOLD HARMLESS THE GOVERNMENT, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGESITS AGENTS, AND EMPLOYEES FROM EVERY CLAIM OR LIABILITY, INCLUDING ATTORNEYS’ FEES, COURT COSTS, AND EXPENSES, ARISING OUT OF, OR IN ANY WAY RELATED TO, THE MISUSE OR UNAUTHORIZED MODIFICATION, REPRODUCTION, RELEASE, PERFORMANCE, DISPLAY, OR DISCLOSURE OF THE NASA SOFTWARE AND RELATED TECHNICAL DATA BY THE RECIPIENT, A SUBCONTRACTOR, OR BY ANY PERSON TO WHOM THE RECIPIENT HAS RELEASED OR DISCLOSED SUCH NASA SOFTWARE OR RELATED TECHNICAL DATA. B. IF RECIPIENT FURTHER RELEASES OR DISTRIBUTES THE NASA SOFTWARE AND/OR TECHNICAL DATA AND ALSO SUBJECT TO ITS RIGHTS AND OBLIGATIONS UNDER THE CONTRACT, RECIPIENT AGREES TO INDEMNIFYOBTAIN THIS IDENTICAL WAIVER OF CLAIMS, DEFENDINDEMNIFICATION, AND HOLD HARMLESS AGREEMENT WITH ANY ENTITIES THAT ARE PROVIDED WITH THE LANDLORD PARTIES NASA SOFTWARE AND/OR TECHNICAL DATA. C. NOTWITHSTANDING THE ABOVE, WHEN RECIPIENT IS PROHIBITED BY LAW FROM AND AGAINSTPROVIDING INDEMNIFICATION, ANY AND ALL CLAIMS, COSTS, EXPENSES, DAMAGES, LAWSUITS, JUDGMENTS, LOSSES OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHETHER NOW EXISTING OR HEREAFTER ARISING, FOR OR RELATING THE INDEMNIFICATION REQUIREMENTS SPECIFIED ABOVE SHALL NOT APPLY TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISE, TO THE EXTENT ARISING FROM ANY TENANT EXPOSURE TO OR INFECTION WITH COVID-19, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIAL, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF ANY LANDLORD PARTIESRECIPIENT.

Waiver and Indemnification. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TENANT, ON BEHALF OF TENANT LESSOR AGREES AND TENANT’S HEIRS, SUCCESSORS, EXECUTORS, SUBROGATES AND ASSIGNS, HEREBY EXPRESSLY WAIVES, RELEASES AND DISCHARGES, AND AGREES SHALL REQUIRE ITS INSURERS TO AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LESSEE, ITS TRUSTEES, BOARD MEMBERS, OFFICERS, DIRECTORS, OFFICIALS, VOLUNTEERS, INVITEES AND EMPLOYEES (COLLECTIVELY, THE LANDLORD PARTIES "INDEMNIFIED PARTIES") OF, FROM AND AGAINSTAGAINST ALL LIABILITY, ANY AND ALL CLAIMSCOST, COSTSDAMAGE, EXPENSES, DAMAGESFINES, LAWSUITSLOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, LOSSES OR LIABILITIES (PENALTIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”)OF ANY NATURE, WHETHER NOW EXISTING KIND OR HEREAFTER ARISING, FOR DESCRIPTION OF ANY PERSON OR RELATING TO PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, LOSS OF USE, PROPERTY DAMAGE, MONETARY LOSS OR OTHERWISEENTITY, TO THE EXTENT DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY, OR RESULTING FROM ANY TENANT EXPOSURE NEGLIGENT, WRONGFUL OR TORTIOUS ACT OR OMISSION OF THE LESSOR, ANY SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY LESSOR OR ANYONE THAT LESSOR CONTROLS OR EXERCISES CONTROL OVER (COLLECTIVELY, THE "LIABILITIES"). IN THE EVENT OF FAILURE BY THE LESSOR TO OR INFECTION FULLY PERFORM IN ACCORDANCE WITH COVID-19THIS INDEMNIFICATION PARAGRAPH, WHETHER SUCH EXPOSURE OR INFECTION OCCURS ON OR OFF EACH OF THE PROPERTYINDEMNIFIED PARTIES MAY, INCLUDINGAT ITS OPTION, AND WITHOUT RELIEVING LESSOR OF ITS OBLIGATIONS HEREUNDER, SO PERFORM, BUT NOT LIMITED TO, CLAIMS ARISING FROM ALL COSTS AND EXPENSES OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LANDLORD PARTY, WHETHER SOLE, PARTIALINDEMNIFIED PARTIES SHALL BE REIMBURSED BY LESSOR TO THE INDEMNIFIED PARTIES, OR CONCURRENT, BUT EXCLUDING ANY SUCH CLAIMS THAT ARISE FROM OF THEM UNTIL REIMBURSED BY LESSOR INCLUDING THE WILLFUL OR INTENTIONAL MISCONDUCT RATE OF ANY LANDLORD PARTIESINTEREST PROVIDED TO BE PAID BY THE JUDGMENT UNDER THE LAWS OF THE STATE OF TEXAS.