Common use of By Issuer and Guarantor Clause in Contracts

By Issuer and Guarantor. The Issuer, failing whom the Guarantor, shall indemnify each Agent against any loss, liability, cost, claim, action, demand or expense (including, but not limited to, all reasonable costs, charges and expenses paid or incurred in disputing or defending any of the foregoing) that it may incur or that may be made against it arising out of or in relation to or in connection with its appointment or the exercise of its functions, except such as may result from a breach by it of this Agreement or its own negligence, bad faith or wilful default or that of its officers, employees or agents. Notwithstanding the foregoing, under no circumstances will the Issuer be liable to the Agent or any other party to this Agreement for any consequential loss (being loss of business, goodwill, opportunity or profit) or any special or punitive loss of any kind whatsoever; in each case however caused or arising and whether or not foreseeable, even if advised of the possibility of such loss or damage. The indemnity contained in this Clause 16.1 shall survive termination or expiry of this Agreement.

By Issuer and Guarantor. The Issuer, failing whom the Guarantor, ‌ Each of Ørsted and Ørsted Wind shall indemnify each Agent Agent, on an after tax basis, against any loss, liability, cost, claim, action, demand or expense (including, but not limited to, all reasonable costs, charges and expenses paid or incurred in disputing or defending any of the foregoing) that it may incur or that may be made against it arising out of or in relation to or in connection with its appointment or the exercise of its functions, except such as may solely result from a breach by it any Agent of this Agreement or its own negligence, bad faith or wilful default or that of its officers, employees or agents. Notwithstanding the foregoing, under no circumstances will the Issuer be liable to the Agent or any other party to this Agreement for any consequential loss (being loss of business, goodwill, opportunity or profit) or any special or punitive loss of any kind whatsoever; in each case however caused or arising and whether or not foreseeable, even if advised of the possibility of such loss or damage. The indemnity contained in this Clause 16.1 11.1 shall survive termination or expiry of this Agreement.

By Issuer and Guarantor. The Issuer, failing whom the Guarantor, Each of Ørsted and Ørsted Wind shall indemnify each Agent Agent, on an after tax basis, against any loss, liability, cost, claim, action, demand or expense (including, but not limited to, all reasonable costs, charges and expenses paid or incurred in disputing or defending any of the foregoing) that it may incur or that may be made against it arising out of or in relation to or in connection with its appointment or the exercise of its functions, except such as may solely result from a breach by it any Agent of this Agreement or its own negligence, bad faith or wilful default or that of its officers, employees or agents. Notwithstanding the foregoing, under no circumstances will the Issuer be liable to the Agent or any other party to this Agreement for any consequential loss (being loss of business, goodwill, opportunity or profit) or any special or punitive loss of any kind whatsoever; in each case however caused or arising and whether or not foreseeable, even if advised of the possibility of such loss or damage. The indemnity contained in this Clause 16.1 11.1 shall survive termination or expiry of this Agreement.

By Issuer and Guarantor. ‌ The Issuer, failing whom the Guarantor, shall indemnify each Agent against any loss, liability, cost, claim, action, demand or expense (including, but not limited to, all reasonable costs, charges and expenses paid or incurred in disputing or defending any of the foregoing) that it may incur or that may be made against it arising out of or in relation to or in connection with its appointment or the exercise of its functions, except such as may result from a breach by it of this Agreement or its own negligence, bad faith or wilful default or that of its officers, employees or agents. Notwithstanding the foregoing, under no circumstances will the Issuer be liable to the Agent or any other party to this Agreement for any consequential loss (being loss of business, goodwill, opportunity or profit) or any special or punitive loss of any kind whatsoever; in each case however caused or arising and whether or not foreseeable, even if advised of the possibility of such loss or damage. The indemnity contained in this Clause 16.1 shall survive termination or expiry of this Agreement.