Sample as is where is clause

Every real estate transaction is unique. Any variation of these clauses should be made by legal counsel. Of course, always recommend your clients discuss any questions with their own counsel. The clauses discussed in this article are for informational and example purposes only and not for the purpose of providing legal advice.

Home Sale Contingency A buyer may need to use proceeds from the sale of their home for the purchase of a new home. Proposed clause: The Buyer and Seller agree that the Seller may continue to market the Property for sale. Backup Offer Clause A seller may want to accept a backup offer, which would become a primary offer if the initial buyer is unable to close. Select your state. Select your course. Have a question? You are now leaving Hondros.

Indemnification -- This is a detailed and highly negotiated indemnification containing conditions which should only be accepted when firmly required by Sponsor.

These conditions should be viewed as examples of what is acceptable; however, every effort should be made to limit the number of conditions imposed. It should be offered as our first position regarding indemnification where a one-way indemnification from Sponsor to Institution has already been rejected by Sponsor. If Sponsor is providing drug, material, etc.

To the extent authorized by the Constitution and laws of the State of Texas, Institution shall indemnify and hold Sponsor harmless against any and all claims, demands, damages, liabilities and costs incurred by Sponsor which directly or indirectly result from, or arise in connection with, any negligent act or omission of Institution, its agents, or employees, pertaining to its activities and obligations under this Agreement.

NOTE: Under certain unusual circumstances, it may be appropriate not to require an indemnity from the Sponsor. Always confer with OGC regarding this conclusion and never offer this position; we should only accept this position under the appropriate circumstances and only after any form of indemnity from the Sponsor, such as the negligence indemnity above, has been rejected.

Given i a Protocol that is ours, ii a study drug that will be used for an FDA approved use, iii that almost all conceivable negligence would be ours, and iv that any injuries resulting from the drug itself would most probably result in product liability claims from which the Institution would be immune the State would most likely not waive sovereign immunity with respect thereto , the minimal risks would not justify requiring an indemnity from the Sponsor.

In the event that representation of indemnitees and Sponsor by the same counsel would be a conflict of interest for such counsel, indemnitees may select independent counsel without relieving Sponsor of its obligations of indemnification and defense as set forth above. Recipient shall be liable for any damages resulting from any use or application of the Biological Material s and other related materials, and shall defend, hold harmless and indemnify University, System, their Regents, officers, employees and agents, against any and all claims, suits, actions, costs, counsel fees, expenses, damages, judgments and decrees, by reason of any person or property being injured or damaged directly or indirectly by use or application of the Biological Materials or activities arising therefrom.

Each party hereto agrees to notify the other as soon as one party becomes aware of a claim or action under this Agreement.

Institution, to the extent permitted by the law and constitution of the State of Texas, will hold Sponsor harmless from any claims or liability resulting from use of the Product s in accordance with Texas Civil Practice and Remedies Code, Title 5, Section , et. Licensee shall hold harmless and indemnify Board, System, University, its Regents, officers, employees and agents from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of any injury or death of persons or damage to property caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by Licensee, its Subsidiaries or their officers, employees, agents, or representatives.

Institution shall have no liability regarding any claim arising out of: w use of other than a current, unaltered release of the [Software], unless the infringing portion is also in the then current, unaltered release, x use of the [Software] in combination with non-Institution software, data or equipment if the infringement was caused by such use or combination, y any modification or derivation of the [Software] not specifically authorized in writing by Institution, or z use of third party software.

Except as otherwise expressly set forth in Seller 's Representations :. We disclaim all implied warranties. You accept the apartment , fixtures , and furniture as is, except for condi- tions materially affecting the health or safety of ordinary persons. Within 48 hours after move-in, you must note on the form all defects or damage , sign the form, and return it to us.