Common use of Compensation, Exculpation, Indemnification Clause in Contracts

Compensation, Exculpation, Indemnification. (a) Trustor shall pay Trustee's fees and reimburse Trustee and Beneficiary for expenses in the administration of this trust, including attorneys' fees. Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a consequence of (i) the exercise of the rights, remedies or powers granted to Beneficiary in this Deed of Trust (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary); (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under any agreement related to the Subject Property or under this Deed of Trust; or (iii) any loss sustained by Trustor or any third party resulting from Beneficiary's failure to lease the Subject Property after a Default or from any other act or omission of Beneficiary in managing the Subject Property after a Default (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary) and no such liability shall be asserted against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by Trustor.

Appears in 3 contracts

Samples: Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership, Prudential Bache Equitec Real Estate Partnership

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Compensation, Exculpation, Indemnification. (a) Trustor Grantor shall pay Trustee's fees and reimburse Trustee and Beneficiary for expenses in the administration of this trust, including attorneys' fees. Beneficiary shall not directly or indirectly be liable to Trustor Grantor or any other person as a consequence of (i) the exercise of the rights, remedies or powers granted to Beneficiary in this Deed of Trust (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary); (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor Grantor under any agreement related to the Subject Property or under this Deed of Trust; or (iii) any loss sustained by Trustor Grantor or any third party resulting from Beneficiary's failure to lease the Subject Property after a Default or from any other act or omission of Beneficiary in managing the Subject Property after a Default (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary) and no such liability shall be asserted against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by TrustorGrantor.

Appears in 1 contract

Samples: Prudential Bache Equitec Real Estate Partnership

Compensation, Exculpation, Indemnification. (a) Trustor shall pay Trustee's fees and reimburse Trustee and to Beneficiary reasonable compensation for expenses in services permitted by the administration terms hereof to be rendered by Beneficiary or its agents which relate to this Deed of this trust, including attorneys' feesTrust. Beneficiary shall not not, directly or indirectly indirectly, be liable to Trustor or any other person as a consequence of (i) the exercise of the rights, remedies or powers granted to Beneficiary in under this Deed of Trust (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary); Trust, (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under any agreement related to the Subject Trust Property or under this Deed of Trust; , or (iii) any loss sustained by Trustor or any third party resulting from Beneficiary's failure to lease the Subject Trust Property after a an Event of Default or from any other act or omission of Beneficiary in managing the Subject Trust Property after a an Event of Default (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary) and no such liability shall be asserted against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by Trustor.

Appears in 1 contract

Samples: Pledge Agreement (Denali Inc)

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Compensation, Exculpation, Indemnification. (a) Trustor shall pay all Trustee's ’s fees and reimburse Trustee and Beneficiary for all expenses in the administration of this trust, including reasonable attorneys' fees. Trustor shall pay Beneficiary reasonable compensation for services rendered concerning this Deed of Trust, including without limitation, the providing of any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a consequence of of: (i) the exercise of the any rights, remedies or powers granted to Beneficiary in this Deed of Trust (unless the loss is caused by the gross negligence or willful misconduct of Beneficiary)Trust; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under this Deed of Trust or any Lease or other agreement related to the Subject Property or under this Deed of TrustProperty; or (iii) any loss sustained by Trustor or any third party resulting from as a result of Beneficiary's ’s failure to lease the Subject Property after a any Default or from any other act or omission of Beneficiary in managing the Subject Property after a any Default (unless the such loss is caused by the willful misconduct or gross negligence or willful misconduct of Beneficiary) ; and no such liability shall be asserted or enforced against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by Trustor.

Appears in 1 contract

Samples: Credit and Security Agreement (HC2 Holdings, Inc.)

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