Common use of Contributor’s Indemnity Clause in Contracts

Contributor’s Indemnity. (a) A&O hereby agrees to indemnify and hold each of the Acquirer, the REIT, and each of their respective employees, directors, members, partners, affiliates and agents (each of which is an "Indemnified Acquirer Party") harmless of and from all liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") which the Indemnified Acquirer Party may suffer or incur by reason of (a) any breach of A&O's representations or warranties contained in Section 2.2 of this Agreement, (b) any act or cause of action occurring or accruing prior to the Closing Date and arising from the ownership of the Company Interests prior to the Closing Date, and (c) the ownership or operation of the Properties and relating to the period prior to the Closing Date, including, without limitation, actions or claims relating to damage to property or injury to or death of any person occurring or arising during the period prior to the Closing Date, or any claims for any debts or obligations occurring on or about or in connection with the Properties or any portion thereof or with respect to the Properties' operations at any time prior to the Closing Date. (b) FSPP I and FSPP II hereby agrees to jointly and severally indemnify and hold each of the Indemnified Acquirer Parties harmless of and from all Losses which any Indemnified Acquirer Party may suffer or incur by reason of any breach of the representations or warranties contained in Section 2.3 of this Agreement.

Contributor’s Indemnity. (a) Each A&O Contributor hereby agrees to jointly and severally indemnify and hold each of the Acquirer, the REIT, and each of their respective employees, directors, members, partners, affiliates and agents (each of which is an "Indemnified Acquirer Party") harmless of and from all liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") which the Indemnified Acquirer Party may suffer or incur by reason of (a) any breach of A&O's the representations or warranties contained in Section 2.2 of this Agreement, (b) any act or cause of action occurring or accruing prior to the Closing Date and arising from the ownership of the Company Interests prior to the Closing Date, and (c) the ownership or operation of the Properties Property and relating to the period prior to the Closing Date, including, without limitation, actions or claims relating to damage to property or injury to or death of any person occurring or arising during the period prior to the Closing Date, or any claims for any debts or obligations occurring on or about or in connection with the Properties Property or any portion thereof or with respect to the Properties' Property operations at any time prior to the Closing Date. (b) FSPP I and FSPP II Each Unaffiliated Contributor hereby agrees to jointly and severally indemnify and hold each of the Indemnified Acquirer Parties harmless of and from all Losses which any Indemnified Acquirer Party may suffer or incur by reason of any breach of the representations or warranties of such Unaffiliated Contributor (and not as to any other Contributor) contained in Section 2.3 of this Agreement.