Common use of By FMC Clause in Contracts

By FMC. FMC or the applicable Purchaser Trust, as the case may be, shall indemnify and hold harmless Program Lender, its successors and permitted assigns and any officer, director, employee or agent of Program Lender (herein, collectively referred to as “Indemnified Persons”) against any and all liabilities, losses, costs, damages, and expenses, including, without limitation, attorneys’ fees and legal expenses and sums paid, liabilities incurred or expenses paid or incurred in connection with settling claims or judgments or obtaining or attempting to obtain release from liability, which such Indemnified Person may sustain or incur by reason of any uncured breach of any representation, warranty or covenant of FMC or the applicable Purchaser Trust, as the case may be, contained herein; provided, further that the foregoing indemnification shall also apply to a breach of representation, warranty or covenant that has been cured, to the extent that the cure in question did not reimburse the Indemnified Person for damages or losses incurred on account of such breach prior to the date of such cure.

By FMC. FMC or the applicable Purchaser Trust, as the case may be, shall indemnify and hold harmless Program Lender, its successors and permitted assigns and any officer, director, employee or agent of Program Lender (herein, collectively referred to as “"Indemnified Persons”") against any and all liabilities, losses, costs, damages, and expenses, including, without limitation, attorneys’ ' fees and legal expenses and sums paid, liabilities incurred or expenses paid or incurred in connection with settling claims or judgments or obtaining or attempting to obtain release from liability, which such Indemnified Person may sustain or incur by reason of any uncured breach of any representation, warranty or covenant of FMC or the applicable Purchaser Trust, as the case may be, contained herein; provided, further that the foregoing indemnification shall also apply to a breach of representation, warranty or covenant that has been cured, to the extent that the cure in question did not reimburse the Indemnified Person for damages or losses incurred on account of such breach prior to the date of such cure.

By FMC. FMC or the applicable Purchaser Trust, as the case may be, shall indemnify and hold harmless Program Lender, its successors and permitted assigns and any officer, director, employee or agent of Program Lender (herein, collectively referred to as “"Indemnified Persons”") against any and all liabilities, losses, costs, damages, and expenses, including, without limitation, attorneys’ ' fees and legal expenses and sums paid, liabilities incurred or expenses paid or incurred in connection with settling claims or judgments or obtaining or attempting to obtain release from liability, which such Indemnified Person may sustain or incur by reason of any uncured breach of any representation, warranty or covenant of FMC or the applicable Purchaser Trust, as the case may be, contained herein; herein; provided, further that the foregoing indemnification shall also apply to a breach of representation, warranty or covenant that has been cured, to the extent that the cure in question did not reimburse the Indemnified Person for damages or losses incurred on account of such breach prior to the date of such cure.