Borrowers Indemnities. 118 26. Currency Of Account And Payment............................................................... 118 27. Payments...................................................................................... 119 28. Set-Off....................................................................................... 121 29. Sharing....................................................................................... 121 30. The Agent, The Arrangers And The Banks........................................................ 122 31.
Borrowers Indemnities. BORROWER HEREBY AGREES TO INDEMNIFY AND HOLD LENDER AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE WHICH LENDER AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES MAY INCUR UNDER OR BY REASON OF THIS ASSIGNMENT OR IN RELATION TO THE ASSIGNMENT PROPERTY, OR FOR ANY ACTION TAKEN BY LENDER OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES HEREUNDER, OR BY REASON OR IN DEFENSE OF ANY AND ALL CLAIMS AND DEMANDS WHATSOEVER WHICH MAY BE ASSERTED AGAINST LENDER AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARISING OUT OF THE LEASES OR THE LEASE GUARANTIES, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, ANY CLAIM BY ANY LESSEE OF CREDIT FOR RENTS PAID TO AND RECEIVED BY BORROWER, BUT NOT DELIVERED TO LENDER OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES, FOR ANY PERIOD UNDER ANY LEASE MORE THAN ONE (1) MONTH IN ADVANCE OF THE DUE DATE THEREOF. IF LENDER OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES INCURS ANY SUCH LIABILITY, LOSS, COST, DAMAGE OR EXPENSE, THE AMOUNT THEREOF, INCLUDING REASONABLE ATTORNEYS FEES, WITH INTEREST THEREON AT THE DEFAULT RATE SPECIFIED IN THE NOTE, SHALL BE PAYABLE BY BORROWER TO LENDER IMMEDIATELY, WITHOUT DEMAND, AND SHALL BE SECURED BY ALL SECURITY FOR THE PAYMENT AND PERFORMANCE OF THE INDEBTEDNESS AND THE OBLIGATIONS, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, THE LIEN AND SECURITY INTEREST OF THE DEED OF TRUST.
Borrowers Indemnities. 21.1 BORROWER'S INDEMNITY The Borrower undertakes to indemnify the Bank against:
Borrowers Indemnities. 25.1 BORROWERS' INDEMNITY The Borrowers, acting through the Relevant Obligor, undertake to indemnify:
Borrowers Indemnities. Without limiting any other ----------------------- rights which any of the Collateral Agent, the Deal Agent or EagleFunding or any of their respective successors and assigns (each, an "Indemnified Party") may ------------------ have hereunder or under applicable law, the Borrower hereby agrees to defend and indemnify each Indemnified Party from and against any and all costs, expenses, losses, damages, claims and liabilities (including reasonable attorneys' fees) (all of the foregoing being collectively referred to as "Indemnified Amounts") -------------------- arising out of or resulting from this Credit Agreement, any Pledged Contract or any other Facility Document, or any transaction contemplated hereby or thereby, or from any action taken, or failure to take any action by the Borrower with respect to this Credit Agreement, any Pledged Contract or any other Facility Document, including, but not limited to, any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, arising as a result of or otherwise in connection with:
Borrowers Indemnities. 13.1 The Borrower agrees to pay all attorney’s fees and disbursements and all other actual costs and expenses which may be incurred by the Lender in the enforcement of its rights under the Facility Documents.
Borrowers Indemnities. Section 2.1. The Borrowers, jointly and severally, agree to indemnify and hold harmless Indemnitees against and in respect of any and all damages, losses, liabilities, expenses, costs, claims, actions, suits, proceedings, assessments, orders, judgments, fines, and penalties (including, without limitation, reasonable legal, accounting, consulting, engineering, and other expenses), which may be incurred by any of the Indemnitees, or imposed upon or asserted against any of the Indemnitees by any other party or parties (including, without limitation, a governmental entity), arising out of, in connection with, or relating to the subject matter of: (a) conditions, circumstances, or occurrences which constitute or result in a breach of any of the representations, warranties, and obligations set forth in Section 5.17 of the Credit Agreement or relating to any matter or thing covered by any such representation, warranty, or obligation; (b) any actual or alleged violation of an Environmental Law occurring at any time with respect to any property owned or operated by any Borrower, formerly owned or operated by any Borrower or subsequently owned or operated by any Borrower (collectively the "Sites") or any facility or improvement or any operation or activity thereon or any other property owned or operated by any Borrower; (c) the actual or alleged presence of any Hazardous Material on, in, under, adjacent to, emanating from, or affecting the Sites or any other property now, subsequently or formerly owned or operated by any Borrower; or (d) any liability that may be incurred as a result of any Borrower's, or of a predecessor of any Borrower's, generation of Hazardous Materials. Any such damage, loss, liability, expense, cost, claim, action, suit, proceeding, assessment, order, judgment, fine, or penalty is hereinafter referred to as an "Environmental Liability"; provided, however, that the Borrowers shall not be obligated to indemnify or hold harmless any Indemnitee for any matter to the extent that the Indemnitee's liability for the same is due to the Indemnitee's gross negligence or willful misconduct.
Borrowers Indemnities. (a) Without limiting any other rights which any of the Collateral Agent, the Administrative Agent, Triple-A, the Surety, their respective officers, directors, employees and agents or any of their respective successors and assigns (each, an "Indemnified Party") may have hereunder or under applicable law, the Borrower hereby agrees to defend and indemnify each Indemnified Party from and against any and all costs, expenses, losses, damages, claims and liabilities (including reasonable attorneys' fees) (all of the foregoing being collectively referred to as "Indemnified Amounts") arising out of or resulting from this Credit Agreement, any other Facility Document, or any transaction contemplated hereby or thereby, or from any action taken, or failure to take any action by the Borrower with respect to this Credit Agreement, or any other Facility Document, including, but not limited to, any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, arising as a result of or otherwise in connection with:
Borrowers Indemnities. 22 9.01. General Indemnity.............................................22
Borrowers Indemnities. Borrower hereby agrees to indemnify and hold Lender free and harmless from and against any and all liability, loss, cost, damage or expense which Lender may incur under or by reason of this assignment, or for any action taken by the Lender hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Lender arising out of the Leases, including specifically, but without limitation, any claim by any Tenant of credit for Rents paid to and received by Borrower, but not delivered to Lender, for any period under any Lease more than one (1) month in advance of the due date thereof. In the event Lender incurs any such liability, loss, cost, damage or expense, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate specified in the Note, shall be payable by Borrower to Lender immediately, without demand, and shall be secured hereby and by all other Loan Documents.
