Common use of Additional Provisions Regarding Indemnification Clause in Contracts

Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.1, 13.2, 13.3 and 13.4 (other than with respect to matters concerning indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Property), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.1, 13.2, 13.3 and 13.4 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the applicable Completion Date for such Property, and (b) such limited rights of indemnification referenced in Section 13.5(a) (to the extent relating to third- party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the applicable Completion Date for such Property, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.1, 13.2, 13.3 and 13.4.

Appears in 2 contracts

Samples: Participation Agreement (Capital One Financial Corp), Participation Agreement (Capital One Financial Corp)

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Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's ’s acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.411.5.

Appears in 2 contracts

Samples: Participation Agreement (Sabre Holdings Corp), Participation Agreement (Sabre Holdings Corp)

Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.411.5.

Appears in 1 contract

Samples: Participation Agreement (Veritas Software Corp /De/)

Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4.11.5

Appears in 1 contract

Samples: Participation Agreement (Veritas Software Corp /De/)

Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claimsClaims) shall be limited to third-party claims Claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.411.5.

Appears in 1 contract

Samples: Credit Agreement (Franklin Resources Inc)

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Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.211.2, 13.3 11.3, 11.4 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.211.2, 13.3 11.3, 11.4 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each Property solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Property, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.211.2, 13.3 11.3, 11.4 and 13.411.5.

Appears in 1 contract

Samples: Participation Agreement (Acxiom Corp)

Additional Provisions Regarding Indemnification. Notwithstanding the provisions of Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (other than with respect to matters concerning environmental indemnification for pre-existing environmental conditions and for environmental conditions arising out of the Construction Agent's use or possession of the Propertyreferenced in Section 11.6), (a) the Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.4 11.5 (again, subject to the immediately preceding parenthetical phrase) with respect to each the Property or any portion thereof solely for the period prior to the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Propertythe Property or the applicable portion thereof, as applicable, and (b) such limited rights of indemnification referenced in Section 13.5(a11.7(a) (to the extent relating to third- third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider. After the earlier to occur of the applicable Completion Date or Construction Period Termination Date for such Propertythe Property or the applicable portion thereof, as applicable, each Indemnified Person shall be a beneficiary of the provisions set forth in Sections 13.111.1, 13.2, 13.3 11.2 and 13.411.5.

Appears in 1 contract

Samples: Participation Agreement (Veritas Software Corp /De/)

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