BY UBE. Except as otherwise provided in this Restated Agreement, including Section 9.D, UBE shall indemnify, defend and hold HR and its officers, managers, members, employees and agents harmless from any and all losses, liabilities, damages, expenses (including reasonable attorneys’ fees), costs, claims, and demands, that HR or its officers, managers, members, employees or agents may suffer, sustain or become subject to as a result of (i) any breach of warranty, covenant or agreement of UBE contained herein or (ii) UBE’s or its employees’ or agents’ gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.)
