Common use of Claims Indemnified Clause in Contracts

Claims Indemnified. Whether or not the Funding occurs with respect to any Equipment, and subject to the exclusions stated in subsection (d) below, the Borrower agrees to indemnify, protect, defend and hold harmless each Indemnified Person on an After-Tax Basis against Claims resulting from or arising out of or related to (whether or not such Indemnified Person shall be indemnified as to such Claim by any other Person): (i) this Agreement or any other document or any of the transactions contemplated hereby and thereby or resulting herefrom or therefrom and the enforcement thereof and hereof; (ii) the ownership, lease, operation, modification, non-use, maintenance, lease financing, substitution, control, repair, storage, alteration, violation of law with respect to any Unit (including applicable securities laws and environmental law), transfer or other disposition of any Unit, overhaul, testing or registration of any Unit (including, without limitation, injury, death or property damage of passengers, shippers or others, and environmental control, noise and pollution regulations) whether or not in compliance with the terms hereof; (iii) the manufacture, design, purchase, acceptance, rejection, delivery, nondelivery or condition of any Unit (including, without limitation, latent and other defects, whether or not discoverable, and any claim for patent, trademark, or copyright infringement); (iv) any breach of or failure to perform or observe, or any other non-compliance with, any covenant, condition or agreement to be performed by, or other obligation of, the Borrower under this Agreement, or the falsity when made of any representation or warranty of the Borrower in this Agreement or in any document or certificate delivered in connection therewith; and (v) the offer, sale and delivery by the Borrower of the Notes.

Claims Indemnified. Whether or not any Unit is accepted under the Funding Lease, or a closing occurs with respect to any Equipmentthereto, and subject to the exclusions stated in subsection (d) below, the Borrower Lessee agrees to indemnify, protect, defend and hold harmless each Indemnified Person on an After-Tax Basis against Claims resulting from or arising out of or related to (whether or not such Indemnified Person shall be indemnified as to such Claim by any other Person): (i) this Agreement or any other document Operative Agreement or any of the transactions contemplated hereby and thereby or resulting herefrom or therefrom and the enforcement thereof and hereof; (ii) the ownership, lease, operation, possession, modification, use, non-use, maintenance, lease sublease, financing, substitution, control, repair, storage, alteration, violation of law with respect to any Unit (including applicable securities laws laws, ERISA and environmental law), transfer or other disposition of any Unit, return, overhaul, testing or registration of any Unit (including, without limitation, injury, death or property damage of passengers, shippers or others, and environmental control, noise and pollution regulations) whether or not in compliance with the terms hereofof the Lease; (iii) the manufacture, design, purchase, acceptance, rejection, delivery, nondelivery or condition of any Unit (including, without limitation, latent and other defects, whether or not discoverable, and any claim for patent, trademark, trademark or copyright infringement); (iv) any breach of or failure to perform or observe, or any other non-compliance noncompliance with, any covenant, condition or agreement to be performed by, or other obligation of, Lessee under any of the Borrower under this AgreementOperative Agreements, or the falsity when made of any representation or warranty of Lessee in any of the Borrower in this Agreement Operative Agreements or in any document or certificate delivered in connection therewiththerewith other than representations and warranties in the Tax Indemnity Agreement; and (v) the offer, sale and or delivery by of any Equipment Notes or any interest in the Borrower of the NotesTrust Estate.

Claims Indemnified. Whether or not the Funding any Unit is accepted under this Lease, or a closing occurs with respect to any Equipmentthereto, and subject to the exclusions stated in subsection (d) below, the Borrower Lessee agrees to indemnify, protect, defend and hold harmless each Indemnified Person on an After-Tax Basis against Claims resulting from or arising out of or related to (whether or not such Indemnified Person shall be indemnified as to such Claim by any other Person): (i) this Agreement Lease or any other document Operative Agreement or any of the transactions contemplated hereby and thereby or resulting herefrom or therefrom and the enforcement thereof and hereof; (ii) hereof and the ownership, lease, operation, possession, modification, use, non-use, maintenance, lease financingsublease, substitution, control, repair, storage, alteration, violation of law with respect to any Unit (including applicable securities laws laws, ERISA and environmental law), transfer or other disposition of any Unit, return, overhaul, testing or registration of any Unit 29 (including, without limitation, injury, death or property damage of passengers, shippers or others, and environmental control, noise and pollution regulations) whether or not in compliance with the terms hereofof this Lease; (iiiii) the manufacture, design, purchase, acceptance, rejection, delivery, nondelivery non-delivery or condition of any Unit (including, without limitation, latent and other defects, whether or not discoverable, and any claim for patent, trademark, trademark or copyright infringement);; and (iviii) any act or omission (whether negligent or otherwise) and any breach of or failure to perform or observe, or any other non-compliance with, any covenant, condition or agreement to be performed by, or other obligation of, Lessee under any of the Borrower under this AgreementOperative Agreements, or the falsity when made of any representation or warranty of Lessee in any of the Borrower in this Agreement Operative Agreements or in any document or certificate delivered in connection therewith; and (v) therewith other than representations and warranties in the offer, sale and delivery by the Borrower of the NotesTax Indemnity Agreement.

Claims Indemnified. Whether or not any Unit is accepted under the Funding Lease, or a closing occurs with respect to any Equipmentthereto, and subject to the exclusions stated in subsection (d) below, the Borrower Lessee agrees to indemnify, protect, defend and hold harmless each Indemnified Person on an After-Tax Basis against Claims resulting from or arising out of or related to (whether or not such Indemnified Person shall be indemnified as to such Claim by any other Person): (i) this Agreement or any other document Operative Agreement or any of the transactions contemplated hereby and thereby or resulting herefrom or therefrom and the enforcement thereof and hereof; (ii) the ownership, lease, operation, possession, modification, use, non-use, maintenance, lease sublease, financing, refinancing, substitution, control, repair, storage, alteration, violation of law with respect to any Unit (including applicable securities laws laws, ERISA and environmental law), transfer or other disposition of any Unit, return, overhaul, testing or registration of any Unit (including, without limitation, injury, death or property damage of passengers, shippers or others, and environmental control, noise and pollution regulations) whether or not in compliance with the terms hereofof the Lease; (iii) the manufacture, design, purchase, acceptance, rejection, delivery, nondelivery or condition of any Unit (including, without limitation, latent and other defects, whether or not discoverable, and any claim for patent, trademark, trademark or copyright infringement); (iv) any breach of or failure to perform or observe, or any other non-compliance noncompliance with, any covenant, condition or agreement to be performed by, or other obligation of, Lessee under any of the Borrower under this AgreementOperative Agreements, or the falsity when made of any representation or warranty of Lessee in any of the Borrower in this Agreement Operative Agreements or in any document or certificate delivered in connection therewiththerewith other than representations and warranties in the Tax Indemnity Agreement; and (v) the offer, sale and or delivery by of any Equipment Notes or any interest in the Borrower of the NotesTrust Estate.

Claims Indemnified. Whether or not the Funding any Unit is accepted under this Lease, or a closing occurs with respect to any Equipmentthereto, and subject to the exclusions stated in subsection (d) below, the Borrower Lessee agrees to indemnify, protect, defend and hold harmless each Indemnified Person on an After-Tax Basis against Claims resulting from or arising out of or related to (whether or not such Indemnified Person shall be indemnified as to such Claim by any other Person): (i) this Agreement Lease or any other document Operative Agreement or any of the transactions contemplated hereby and thereby or resulting herefrom or therefrom and the enforcement thereof and hereof; (ii) hereof and the ownership, lease, operation, possession, modification, use, non-use, maintenance, lease financingsublease, substitution, control, repair, storage, alteration, violation of law with respect to any Unit (including applicable securities laws laws, ERISA and environmental law), transfer or other disposition of any Unit, return, overhaul, testing or registration of any Unit (including, without limitation, injury, death or property damage of passengers, shippers or others, and 29 environmental control, noise and pollution regulations) whether or not in compliance with the terms hereofof this Lease; (iiiii) the manufacture, design, purchase, acceptance, rejection, delivery, nondelivery non-delivery or condition of any Unit (including, without limitation, latent and other defects, whether or not discoverable, and any claim for patent, trademark, trademark or copyright infringement);; and (iviii) any act or omission (whether negligent or otherwise) and any breach of or failure to perform or observe, or any other non-compliance with, any covenant, condition or agreement to be performed by, or other obligation of, Lessee under any of the Borrower under this AgreementOperative Agreements, or the falsity when made of any representation or warranty of Lessee in any of the Borrower in this Agreement Operative Agreements or in any document or certificate delivered in connection therewith; and (v) therewith other than representations and warranties in the offer, sale and delivery by the Borrower of the NotesTax Indemnity Agreement.