Disclaimers

HOLD HARMLESS AGREEMENT: LESSEE AGREES TO ASSUME ALL RISKS AND HOLD LESSOR HARMLESS FOR ANY PROPERTY DAMAGE CAUSED BY THE LEASED EQUIPMENT AND/OR ARISING OUT OF POSSIBLE LESSORS NEGLIGENCE.  LESSEE FURTHER AGREES TO HOLD LESSOR HARMLESS FROM ANY CLAIMS MADE BY ANY PERSON NOT A PARTY TO THIS LEASE WHICH IN ANY WAY MAY ARISE OUT OF THE OPERATION, USE, OR STORAGE OF THE LEASED EQUIPMENT.

INDEMNIFICATION: LESSEE ASSUMES LIABILITY FOR, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST, ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DEMANDS DAMAGES, INJURIES (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, ILLNESS AND DEATH), CLAIMS, PENALTIES, SUITS, ACTIONS, COSTS, AND EXPENSES, INCLUDING ATTORNEYS FEES, OF WHATSOEVER KIND AND NATURE, RELATING TO OR ARISING OUT OF THE USE, CONDITION (INCLUDING, BUT NOT LIMITED TO, LATENT AND OTHER DEFECTS AND WHETHER OR NOT DISCOVERABLE BY LESSEE OR LESSOR), OPERATION, OWNERSHIP, SELECTION, DELIVERY, LEASING, OR RETURN OF THE EQUIPMENT, REGARDLESS OF WHERE, HOW, AND BY WHOM OPERATED, OR ANY FAILURE ON THE PART OF THE LESSEE TO PERFORM OR COMPLY WITH THE CONDITIONS OF THIS LEASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LESSEE SHALL, AT ITS OWN COST AND EXPENSE, DEFEND LESSOR AGAINST ALL CLAIMS, SUITS OR PROCEEDINGS COMMENCED BY ANYONE IN WHICH LESSOR IS NAMED AS A PARTY FOR WHICH LESSOR IS ALLEGED TO BE LIABLE OR RESPONSIBLE AS A RESULT OF OR ARISING OUT OF THE EQUIPMENT, OR ANY ALLEGED ACT OR OMISSION BY LESSOR, AND LESSEE SHALL BE LIABLE AND RESPONSIBLE FOR ALL COSTS, EXPENSES, AND ATTORNEY.S FEES INCURRED IN THE DEFENSE AND/OR SETTLEMENT, JUDGEMENT, OR OTHER RESOLUTION THEREOF. IN THE EVENT ANY SUCH ACTION IS COMMENCED NAMING LESSOR AS A PARTY, LESSOR MAY, IN ITS SOLE DISCRETION, ELECT TO DEFEND SAID ACTION ON NITS OWN BEHALF WITH COUNSEL OF ITS CHOICE, AND LESSEE SHALL BE LIABLE FOR AND REIMBURSE LESSEE FOR ALL COSTS, EXPENSES, AND ATTORNEY.S FEES INCURRED BY LESSOR IN SUCH DEFENSE. THE INDEMNITIES AND ASSUMPTIONS OF LIABILITIES AND OBLIGATIONS HEREIN PROVIDED FOR SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR OTHER TERMINATION OF THE LEASE.  PURPOSE OF THIS CLAUSE: IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE PURPOSE OF THIS CLAUSE IS TO COMPLETELY SHIFT THE RISK OF ALL CLAIMS RELATING TO OR ARISING OUT OF THE LEASE OF THE EQUIPMENT TO LESSEE HEREUNDER. IT IS THE INTENTION OF THE PARTIES THAT THIS CLAUSE BE INTERPRETED BROADLY AND IN FAVOR OF THE LESSOR.