A waiver of liability clause releases one party from legal claims or damages that may arise from their actions or negligence. By agreeing to this clause, the other party acknowledges and accepts the risks involved, forfeiting their right to seek compensation.
ASURE SOFTWARE DOES NOT VIEW THE CERTIFICATION MADE BY OPTION HOLDERS THAT THEY HAVE READ THE OFFERING MATERIALS AS A WAIVER OF LIABILITY AND PROMISES NOT TO ASSERT THAT THE PROVISION CONSTITUTES A WAIVER OF LIABILITY.
A. Interparty Waiver of Liability VCSFA and Rocket Lab agree to a comprehensive, no-fault, no subrogation interparty waiver of liability to which each Party agrees to be responsible for any damages it sustains as a result of damage to its own property and injury to its own employees, including death, involved in launch operations in or around WFF or the MARS Site, which damage is caused by either VCSFA, Rocket Lab any other party involved in launch operations at WFF or MARS and whether such damage arises through negligence or otherwise, except in the case of willful misconduct. It is the intent of the Parties that this interparty waiver of liability be construed broadly to achieve the intended objectives. The Parties further agree that if they enter into an agreement with a third party involved in launch operations to provide goods or services that necessitate the presence of such third party at WFF or the MARS Site, VCSFA or Rocket Lab, as the case may be, acknowledge and agree that such third party shall be required to agree to a no-fault, no-subrogation interparty waiver of liability and indemnity for damages it sustains, identical to the Parties’ waiver of liability set forth in this Article V. A Party may request the other Party to provide it a copy of such waiver of claims agreed to by the third party.
4.3. Waiver of Liability Both Parties acknowledge that this Proposal represents an expression of intent in relation to a potential business arrangement and no warranty of service or future agreement is provided by this Proposal. This Proposal does not constitute an agreement to enter any business arrangement post Phase 3, Site Trial, and except for the rights and obligations contained in sections 2, 3, and 4 herein, each Party waives all claims against the other Party regarding their performance under this Proposal. This waiver does not apply to any other contracted work between the Parties.
3. Waiver of Liability. Effective upon the closing of the Business Combination and subject to Section 1 hereof, each of Vahanna and Mizuho, on behalf of itself, its subsidiaries and affiliates and each of their respective Representatives (each, a “Releasor” and collectively, the “Releasors”), hereby forever releases, remises, acquits, satisfies, and discharges the other party, its subsidiaries and affiliates and their respective Representatives, and their respective successors and assigns (each, a “Releasee” and collectively, the “Releasees”), from any and all manner of actions, claims, causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, and demands whatsoever, in law or in equity, whether known or unknown, arising solely from Section 2(c) of the Underwriting Agreement and the Engagement Letters (other than the Surviving Provisions) (collectively, “Claims”), that such Releasor ever had, now has, or may have, against any Releasee, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, directly or indirectly, from the date of the Engagement Letters to the date hereof.
SECTION 6.01. Waiver of Liability. A director of the Corporation shall not be personally liable either to the Corporation or to any of its stockholders for monetary damages for breach of fiduciary duty as a director, except to the extent such exemption from liability or limitation thereof is not permitted under the DGCL. Any amendment or modification or repeal of the foregoing sentence or of the DGCL shall not adversely affect any right or protection of a director of the Corporation hereunder in respect of any act or omission occurring prior to the time of such amendment, modification, or repeal. If the DGCL hereafter is amended to further eliminate or limit the liability of a director, then a director of the Corporation, in addition to the circumstances in which a director is not personally liable as set forth in the preceding sentence, shall not be liable to the fullest extent permitted by the amended DGCL.
Clause 12 - Interparty Waiver of Liability for Launch Services 12.1 Waiver of Liability 12.1.1 - The Parties agree to accede to a no-fault, no-subrogation, inter-participant waiver of liability, whereby the Parties agree to waive, and shall require their contractors or subcontractors at any tier to waive, any right of recovery any such Party may have against the Launch Services Agency, its contractors, and subcontractors at any tier and the Government of Belgium, its agencies, and its contractors and subcontractors at any tier involved in Launch Vehicle Services (“Other Parties”) and each Party agrees and the Other Parties agree to be responsible for any loss or liability which it sustains as a result of damage to its own property and employees, officers, directors and agents including death, while involved in such operations, whether or not such damage arises through negligence of any person to the extent such an interparty agreement is required under the terms of the Launch Agreement. Notwithstanding the foregoing sentence, nothing shall in any way affect any rights the Customer may negotiate with the Launch Services Agency, and as to its contractors and subcontractors. Each Party shall indemnify the other Party for and hold the other Party harmless from any liability, loss or damage suffered by such Party resulting from the failure by the Party to comply with its obligations under this Clause to waive, or to require its subcontractors at any tier to waive, rights of recovery referred to in this Clause. The Parties shall execute and deliver any agreement as may be necessary to accede to the waiver of liability referred to in this Clause and the Customer shall cause its contractors and subcontractors involved in Launch Services relating to the Spacecraft to agree to waive any and all claims of liability against the Contractor.
10. Unconditional Waiver of Liability. The Maker hereby expressly and unconditionally waives, in connection with any suit, action or proceeding brought by the Payee, any and every right it may have to (a) injunctive relief, (b) a trial by jury, (c) interpose any counterclaim therein and (d) have the same consolidated with any other or separate suit, action or proceeding. Nothing herein contained shall prevent or prohibit the Maker from instituting or maintaining a separate action against the Payee with respect to any asserted claim.
13.2Waiver of Liability and Subrogation. Tenant hereby releases, waives and discharges Landlord and Landlord’s employees and agents from all liabilities, claims and rights of recovery for any loss or damage to property in, on or about the Premises, including, but not limited to, Tenant’s trade fixtures, equipment, personal property and any loss of use or business interruption, from any casualty or other cause whatsoever, regardless whether a result of the negligence of Landlord or otherwise. Landlord hereby releases, waives and discharges Tenant and Tenant’s employees and agents from all liabilities, claims and rights of recovery for any loss or damage to property in, on or about the Premises, and for any loss of use or business interruption, from any casualty or other cause whatsoever, regardless whether a result of the negligence of Tenant or otherwise. This Section shall not be deemed to release, waive or discharge any liability for intentional misconduct. This Section shall be inapplicable to the extent prohibited by law or if it would have the effect, but only to the extent it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Tenant and Landlord shall give notice to their respective insurance carriers that this release and waiver of liability and subrogation is contained in this Lease and agree to include such release and waiver in the coverage provided by any property insurance policies maintained by the parties for the Premises. The waivers set forth in this Section control to the extent in conflict with the indemnification provisions set forth in this Lease.
13.3Exception to Waiver of Liability and Subrogation. Notwithstanding Section 13.2 and any other provisions in this Lease to the contrary, maintenance, repairs, replacements to the Premises or Building that are made necessary by the negligence or intentional misconduct of Tenant or its agents, employees or invitees, shall be made by Tenant at the sole cost of Tenant.
SECTION 6.01. Waiver of Liability. A director of the Corporation shall not be personally liable either to the Corporation or to any of its stockholders for monetary damages for breach of fiduciary duty as a director, except to the extent such exemption from liability or limitation thereof is not permitted under the DGCL. Any amendment or modification or repeal of the foregoing sentence or of the DGCL shall not adversely affect any right or protection of a director of the Corporation hereunder in respect of any act or omission occurring prior to the time of such amendment, modification, or repeal. If the DGCL hereafter is amended to further eliminate or limit the liability of a director, then a director of the Corporation, in addition to the circumstances in which a director is not personally liable aas set forth in the preceding sentence, shall not be liable to the fullest extent permitted by the amended DGCL.
Section 20.01 Waiver of Liability With regard to the activities undertaken pursuant to this Agreement, no Party shall make any claim against the others, employees of the others, the others’ related entities (e.g., Government, contractors, subcontractors, etc.), or employees of the others’ related entities for any injury to or death of its own employees or employees of its related entities, or for damage to or loss of its own property or that of its related entities, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct.
30. INTER-PARTY WAIVER OF LIABILITY FOR A LAUNCH 30.1 Launch Services Agreement Inter-Party Waiver of Liability. Each Party hereby agrees to be bound by the no-fault, no-subrogation inter-party waiver of liability and related indemnity provisions required by the Launch Services Agreement with respect to the Launch and to cause their respective contractors and subcontractors at any tier (including without limitation suppliers of any kind) that are involved in the performance of this Contract and any other person having an interest in the Satellite or any Transponder thereon (including without limitation
A waiver of liability is a legal document in which one party agrees to relinquish the right to pursue legal action against another party in the event of injury, damage, or loss. This document is often used to protect organizations or individuals from being held liable for unforeseen incidents that could occur during an activity, event, or service.
A waiver of liability should be used in situations where there is a potential risk of injury, damage, or loss, and you want to protect yourself or your organization from legal repercussions. Common circumstances include:
Writing a waiver of liability involves ensuring that the document is clear, comprehensive, and legally enforceable. Here are the key elements to include:
Example:
Waiver of Liability
This Waiver of Liability (the “Waiver”) is made by and between [Service Provider Name] (“Service Provider”) and [Participant Name] (“Participant”).
Assumption of Risk
Participant acknowledges that [Activity/Service] involves inherent risks, including but not limited to [list specific risks].
Release Clause
Participant hereby waives, releases, and discharges Service Provider from any and all claims or liabilities for injuries, damages, or losses arising from participation in [Activity/Service].
Indemnification Clause
Participant agrees to indemnify and hold harmless Service Provider against any and all claims, damages, or losses arising from their participation in [Activity/Service].
Consent and Acknowledgment
Participant acknowledges that they have read, understood, and accepted the terms of this Waiver.
Contracts that commonly contain a waiver of liability include:
Including a waiver of liability in these contracts helps protect the organization or service provider from potential legal actions that could arise from incidents exceeding their control.
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
The "Warranty of Title" clause ensures that the seller guarantees they have the legal right to transfer ownership of the goods being sold and that the title is free from any encumbrances, liens, or other claims. This clause protects the buyer from any third-party claims on the title that may arise after the purchase.
A "Work Made for Hire" clause stipulates that any work created by an employee within the scope of their employment, or certain commissioned works falling under specific categories, is automatically owned by the employer or commissioning party from the moment of creation. This ensures that the entity paying for the work retains all intellectual property rights, rather than the individual creator.
The "Work Product Ownership" clause stipulates that any work products, deliverables, inventions, or materials created by a contractor during the course of a project are the exclusive intellectual property of the hiring party. This clause ensures that the hiring party holds all rights, including copyrights and patents, to the work produced under the agreement.
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