4. Assumption of Risk, Release, and Waiver. As a condition to entering the Project Area, Visitor hereby:
4.1 assumes any and all risks of death, bodily and personal injury, emotional distress, and/or property damage or other damages suffered or incurred, whether foreseen or unforeseen, arising (directly or indirectly) from Visitor’s entry into the Project Area;
4.2 waives and releases any and all claims against Honua'ula, Honua'ula’s lenders, and their respective officers, members, agents, employees, project managers, development managers, subsidiaries, parent companies, sister companies, related entities, representatives, successors and assigns (collectively, the ’’Indemnified Parties"), for all risks, including but not limited to those risks described in Section 4.1 above, and payment of any reimbursement, compensation or damages to, for, or on behalf of Visitor for any death, bodily or personal injury, emotional distress, or property damage suffered or incurred, and any other damage or loss whatsoever, whether direct or indirect, in connection therewith regardless of the cause thereof, and agrees not to sue or bring any action against any of the Indemnified Parties with respect to any death, injury, emotional distress, and/or property damage or other damages suffered or incurred, whether foreseen or unforeseen, arising (directly or indirectly) from Visitor’s entry into the Project Area; and
4.3 declares Honua'ula to be a direct beneficiary of any and all waivers, releases, and promises made by Visitor with or for the benefit of Sierra Club in any agreement or document whatsoever pertaining to Visitor’s entry into the Project Area.
5. Prohibition Against Liens. Visitor shall at all times keep the Project Area free and clear from any and all claims, demands, charges, and mechanics' or materialmen's liens arising, directly or indirectly, out of Visitor’s presence in the Project Area..
6. Indemnification by Visitor.
6.1 Indemnity. Visitor shall indemnify, defend and hold harmless the Indemnified Parties (a) from and against any and all claims, losses, costs and liability for property damage, bodily injury, death and/or damage of any kind whatsoever asserted by any persons or parties arising out of, caused or occasioned by, or resulting from any act or failure to act, from or related to the presence of Visitor in or on the Project Area, and (b) from and against Visitor's failure to perform any covenant or agreement on the part of Visitor to be performed under this Waiver.
6.2 Costs and Expenses. Visitor agrees to reimburse the Indemnified Parties all costs, reasonable attorneys' fees, and expenses incurred in connection with any claim covered by Section 6.1 above, and any action, or proceeding brought thereon.
7. Miscellaneous.
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