Common use of – Costs, Expenses and Damages Clause in Contracts

– Costs, Expenses and Damages. 9.1 All out-of-pocket expenses and costs incurred by ACFA in relation to the granting and disbursement of a loan pursuant to Section 2.1 shall be reimbursed to ACFA within 30 days of the receipt of written notice by the Borrower. 9.2 The Borrower shall pay to ACFA forthwith on demand all costs, expenses and damages, including without limitation all legal fees on a solicitor and his own client basis, incurred or suffered by ACFA in relation to: any breach or default of the terms or conditions of this Agreement or any Debenture; and the enforcement of ACFA’s rights and interests under this Agreement. 9.3 For greater certainty, the Borrower hereby acknowledges and agrees that in the event of any prepayment of the whole or any part of any Principal Amount and accrued interest thereon, whether pursuant to Section 4.2 with the consent of ACFA or by reason of an Event of Default, ACFA shall be entitled to claim and demand from the Borrower all losses and damages that ACFA suffers in relation to the termination or unwinding of any derivative transactions (including without limitation interest rate swap transactions) with third parties that ACFA has entered into (whether directly or through its agent Her Majesty the Queen in right of Alberta) in relation to this Agreement or any Debenture. The amount of such losses and damages shall be paid to ACFA forthwith on demand.

– Costs, Expenses and Damages. 9.1 All out-of-pocket expenses and costs incurred by ACFA in relation to the granting and disbursement of a loan pursuant to Section 2.1 shall be reimbursed to ACFA within 30 days of the receipt of written notice by the Borrower. 9.2 The Borrower shall pay to ACFA forthwith on demand all costs, expenses and damages, including without limitation all legal fees on a solicitor and his own client basis, incurred or suffered by ACFA in relation to: any breach or default of the terms or conditions of this Agreement or any DebentureDebenture by the Borrower; and the enforcement of ACFA’s rights and interests under this Agreement. 9.3 For greater certainty, the Borrower hereby acknowledges and agrees that in the event of any prepayment of the whole or any part of any Principal Amount and accrued interest thereon, whether pursuant to Section 4.2 with the consent of ACFA or by reason of an Event of Default, ACFA shall be entitled to claim and demand from the Borrower all losses and damages that ACFA suffers in relation to the termination or unwinding of any derivative transactions (including without limitation interest rate swap transactions) with third parties that ACFA has entered into (whether directly or through its agent Her Majesty the Queen in right of Alberta) in relation to this Agreement or any Debenture. The amount of such losses and damages shall be paid to ACFA forthwith on demand.