WESTFIELD SHOPPINGTOWN 3 - Laserfiche WebLink

Home Browse Search

(b) California Civil Code 91542, which is hereby expressly waived by the Client, reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Force Maieure. Neither party shall be liable to the other for delays or failures in performance resulting from unforeseen causes beyond the reasonable control of that party. If either party fails to perform its obligations hereunder due to such causes, the other party may either (a) terminate this Agreement or any part hereof as to services or payment not delivered; or (b) suspend this Agreement in whole or in part for the duration of the delaying cause. Westfield, in its sole discretion, may elect to resume performance of this Agreement immediately after the delaying causes ceases. Choice of Law. This Agreement shall be governed by the internal laws of the State of California. Authoritv. The signatories hereto warrant and represent to each other on behalf of themselves and the party for whom they are signing that any and all corporate or other authority required in order to enter into this Agreement and perform any and all obligations provided for herein have been obtained and that this Agreement constitutes the binding obligation of the party for which they are signing. Headines. The headings used in this Agreement are used for ease of reference only and do not constitute substantive matter to be considered in construing the terms of this Agreement. IN ADDITION TO EACH PARTY'S AGREEMENT TO EACH OF THE ABOVE PROVISIONS, EACH OF THE PARTIES HERETO AGREE TO THE PROVISIONS BELOW THAT ARE MARKED WITH AN "X" NEXT TO THE HEADING OF THE APPLICABLE SECTION. o Indemnification. The Releasing Parties, hereby absolutely and unconditionally release and forever discharge each of the Released Parties from any and all claims, known and unknown, which any ofthe Releasing Parties may have now or in the future against any of the Released Parties, or any other liability, which arises out of injury or damage resulting from Client's access to the Shopping Center, the Event or Client's activities at the Shopping Center, regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury, even if the loss is caused by the neglect or fault of any of the Released Parties. Client also waives all rights of subrogation against each Released Party. Client hereby represents and warrants that none ofthe Releasing Parties have previously assigned to anyone any claim covered by this paragraph. X Insurance. Client shall at all times during the term ofthis Agreement keep in full force and effect and shall maintain and pay all premium costs for the following insurance coverages in amounts not less than specified herein and shall furnish Westfield with Certificates of Insurance evidencing compliance with the following provisions: (a) Statutory Workers' Compensation including Employer's Liability Insurance, subject to limits of not less than $500,000.00 affording coverage under the applicable Workers Compensation laws. Westfield shall cause, if allowed by law, its workers' compensation carrier to waive insurers right of subrogation with respect to Client, its partners, parents and affiliated companies. (b) Commercial General Liability insurance for limits of not less than $1,000,000.00 per occurrence Bodily Injury and Property Damage combined; $1,000,000.00 per occurrence Personal and Advertising Injury; $2,000,000.00 aggregate Products and Completed Operations Liability; $100,000.00 Fire Legal Liability, and $2,000,000.00 general aggregate limit per location. The policy shall be written on an occurrence basis with no deductible. 2