Common use of Environmental and Safety and Health Indemnity Clause in Contracts

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender and agrees to hold Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender for, with respect to, or as a direct or indirect result of the violation by Parent or any of its Subsidiaries of any Environmental Law or Occupational Safety and Health Law, or with respect to, or as a direct or indirect result of, (i) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent and/or any Subsidiary of Parent into or upon any land, the atmosphere, or any watercourse, body of water, groundwater or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Law) or (ii) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent and/or any Subsidiary of Parent in the conduct of its business. The provisions and undertakings of indemnification set out in this Section 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender the Indemnitees and agrees to hold Lender the Indemnitees harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneysattorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender an Indemnitee for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions provision of and undertakings of and indemnification set out in this Section 9.1 12.2 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender the Indemnitees and agrees to hold Lender the Indemnitees harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneysattorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender an Indemnitee for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions provision of and undertakings of and indemnification set out in this Section 9.1 SECTION 12.2 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. The Borrower hereby indemnifies the Lender and agrees to hold the Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, the Lender for, with respect to, or as a direct or indirect result of the violation by Parent the Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent the Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent the Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions of and undertakings of and indemnification set out in this Section 9.1 10.1 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender the Indemnitees and agrees to hold Lender the Indemnitees harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without 36 38 limitation, court costs and Attorneysreasonable attorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender an Indemnitee for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions provision of and undertakings of and indemnification set out in this Section 9.1 12.2 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender and agrees to hold Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries of any Environmental Law or Occupational Safety and Health Law, or with respect to, or as a direct or indirect result of, (i) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary of Parent into or upon any land, the atmosphere, or any watercourse, body of water, groundwater or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Law) or (ii) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions and undertakings of indemnification set out in this Section 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Agent and each Lender and agrees to hold Agent and each Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneysattorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Agent or any Lender for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions provision of and undertakings of and indemnification set out in this Section 9.1 12.1 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. The Borrower hereby indemnifies the Lender and agrees to hold the Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, the Lender for, with respect to, or as a direct or indirect result of the violation by Parent or any of its Subsidiaries the Borrower, of any Environmental Law or Occupational Safety and Health Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent and/or any Subsidiary the Borrower in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent and/or any Subsidiary of Parent the Borrower in the conduct of its business. The provisions of and undertakings of and indemnification set out in this Section 9.1 SECTION 10.1 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Each Borrower hereby indemnifies the Lender and Affiliates and agrees to hold the Lender and Affiliates harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, the Lender or any Affiliate (a) for, with respect to, or as a direct or indirect result of the violation by Parent any Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health Law, ; or (b) with respect to, or as a direct or indirect result of, of (i) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties owned or utilized by Parent any Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (ii) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by Parent any Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions of and undertakings of and indemnification set out in this Section 9.1 10.1 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Agent and each Lender and agrees to hold Agent and each Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, including without limitation, limitation court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Agent or any Lender for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its the Designated Subsidiaries of any Environmental Law or Occupational Safety and Health Law, or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the Release from, properties utilized by Borrower and/or any Designated Subsidiary in the conduct of its business into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Material or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent and/or any Subsidiary of Parent into or upon any land, the atmosphere, or any watercourse, body of water, groundwater or wetland, of any Hazardous Material other hazardous or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, including without limitation, limitation any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Law) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Designated Subsidiary of Parent in the conduct of its businessbusiness except, with respect to any of the foregoing, to the extent arising out of the gross negligence or willful misconduct of Agent or any Lender. The provisions of and undertakings of and indemnification set out in this Section 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby ---------------------------------------------- indemnifies Lender the Indemnitees and agrees to hold Lender the Indemnitees harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneysattorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender an Indemnitee for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law, ; or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental LawLaws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions provision of and undertakings of and indemnification set out in this Section 9.1 12.2 shall survive ------------ satisfaction and payment of the Liabilities Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby Baldxxx xxxeby indemnifies Lender the Indemnitees and agrees to hold Lender the Indemnitees harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, without limitation, court costs and Attorneysattorneys' Feesfees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender an Indemnitee for, with respect to, or as a direct or indirect result of the violation by Parent or Baldxxx xx any of its Subsidiaries Subsidiary, of any Environmental Law or Occupational Safety and Health Law, ; or with respect to, or as a direct or indirect result of, (i) the presence on or under, or of the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent and/or Baldxxx xxx/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any the Environmental Law) or (ii) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent and/or any Subsidiary of Parent in the conduct of its businessLaws). The provisions provision of and undertakings of and indemnification set out in this Section 9.1 10.2 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Loan Agreement.

Environmental and Safety and Health Indemnity. Borrower hereby indemnifies Lender and agrees to hold Lender harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including, including without limitation, limitation court costs and Attorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Lender for, with respect to, or as a direct or indirect result of the violation by Parent Borrower or any of its Subsidiaries of any Environmental Law or Occupational Safety and Health Law, or with respect to, or as a direct or indirect result of, of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties utilized by Parent Borrower and/or any Subsidiary in the conduct of Parent its business into or upon any land, the atmosphere, or any watercourse, body of water, groundwater water or wetland, of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (including, including without limitation, limitation any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Law) or (iib) the existence of any unsafe or unhealthful condition on or at any premises utilized by Parent Borrower and/or any Subsidiary of Parent in the conduct of its business. The provisions of and undertakings of and indemnification set out in this Section SECTION 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Agreement.