NOW, THEREFORE, in consideration of the Undersigned being permitted to enter the
Property, Name (the “Undersigned”) on behalf of himself
or herself, his or her heirs, assigns, and personal representatives, hereby agrees as follows:
1. Waiver and Indemnity. The Undersigned on behalf of any perspective purchaser of the
Property and their respective contractors, consultants, advisors, agents and authorized
representatives (collectively, the “Access Parties”) releases, waives, discharges, and covenants
not to sue the Property Owner, its officials, officers, employees, and agents (including but not
limited to A. J. Billig & Co., Auctioneers) (collectively, the “Property Owner Parties”) from and for
any and all liabilities, damages, obligations, losses, claims, causes of action, costs, debts, dues,
charges or expenses (including attorney’s fees), of whatsoever kind and nature on account of, in
connection with, or resulting from, any and all injury to the person or property of any of the
Access Parties or resulting from the death or permanent disability of any of the Access Parties,
whether caused by the negligence of the Property Owner Parties or otherwise, in any way
related to the Undersigned being on, in or around the Property. The Undersigned further agrees
and covenants to indemnify the Property Owner Parties and hold the Property Owner Parties
harmless from any and all losses, liabilities, damages, costs, and attorney’s fees and
disbursements which the Property Owner Parties may incur or suffer as a result of the Access
Parties’ activities on the Property. The obligations contained in this Section 1 shall survive
expiration or the earlier termination of this Waiver, Indemnity, and Premises Use Certification.
2. No Representations or Warranties. The Property Owner makes no representations or
warranties as to the existence or non-existence of any condition or hazard on the Property.
3. Restoration. The Undersigned shall, and shall cause the Access Parties to, promptly restore
the Property to the condition existing immediately before its entry thereon (but only to the extent
that the Access Parties’ entry on the Property disturbed or otherwise altered the pre-existing
condition of the Property). The obligations contained in this Section 3 shall survive expiration or the earlier termination of this Waiver, Indemnity, and Premises Use Certification.
4. Term. The Term of this Waiver, Indemnity, and Premises Use Certification shall commence
on Date and shall continue until the completion of all authorized
activities on the Property, if not sooner terminated by the Property Owner.
5. Early Termination. Notwithstanding Section 4 hereof, the Property Owner may terminate this
Waiver, Indemnity, and Premises Use Certification at any time, in which event none of the
Access Parties shall not be permitted to access the Property.
6. Other Entrants to Premises. The Undersigned shall allow only the Access Parties to access the Property that the Undersigned has informed of the obligations contained in this Waiver, Indemnity, and Premises Use Certification, provided that failure to so inform any of the Access
Parties of such obligations shall not diminish the Undersigned’s obligations hereunder or any
waivers and indemnities contained herein. Prior to granting any access to the Property, the
Undersigned shall notify the Property Owner of the identity of any Access Parties permitted to
access the Property by the Undersigned pursuant to this Waiver, Indemnity, and Premises Use
Certification.
7. Not a Contract for Services. This Waiver, Indemnity, and Premises Use Certification is not
intended, nor shall it be deemed or construed, as a contract for services or to bind the Property
Owner to convey any right, title or interest in the Property to the Undersigned.
8. No Right, Title, or Interest. Nothing contained in this Waiver, Indemnity, and Premises Use
Certification and no action or inaction by the Property Owner shall be deemed or construed to
mean that the Property Owner has granted the Undersigned any right, power, or permission to
do any act or make any agreement that may create, give rise to, or be the foundation for any
right, title, interest, lien, or charge to the Property, including, but not limited to, the grant of a
license or easement in the Property.
9. Assignment. Except with respect to permitted Access Parties as expressly set forth herein,
the Undersigned may not assign, delegate, or transfer its rights or responsibilities hereunder
without the prior written consent of the Property Owner.
10. Compliance with Applicable Law. All of the Access Parties’ activities on the Property shall
be in accordance with all applicable laws, regulations, and requirements, including all work rules
and regulations adopted by the Property Owner for the Property. The Undersigned shall not
and shall ensure that the Access Parties do no use or permit the use of the Premises for the
manufacture, storage, dispensing, sale, or drinking of intoxicants, or the use or sale of any
illegal drugs or substances, and shall not allow gambling or any illegal practices on the Property.
11. Applicable Law. This Waiver, Indemnity, and Premises Use Certification shall be governed
by the laws of the State of Maryland without reference to conflicts of laws principles.
12. Waiver. Waiver by the Property Owner of any provision of this Waiver, Indemnity, and
Premises Use Certification does not constitute a waiver of future compliance with such
provision, and that provision, as well as all other provisions hereof, shall remain in full force and
effect.
13. Authority. By signing below, the Undersigned represents and warrants that it has the full authority to execute this Waiver, Indemnity, and Premises Use Certification and bind the
Undersigned and any other Access Parties pursuant to the terms hereof
14. Severability. If any term, provision or section of this Waiver, Indemnity, and Premises Use Certification is held to be unenforceable or invalid under any applicable law or regulation by any
court or competent governmental authority having jurisdiction, the remaining provisions shall
continue in full force and effect without being impaired or invalidated in any way, and such
determined unenforceability or invalidity of any term, provision or section shall not preclude the
effectiveness of, or alter, any other term, provision or section hereof, unless the effectiveness
thereof would result in unjust enrichment or extreme hardship to either of the parties hereto or
would otherwise frustrate the basic intent hereof.
The Undersigned has carefully read this Waiver, Indemnity, and Premises Use
Certification and signs it of his or her own free will and volition.
