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

Environmental and Safety and Health Indemnity. Borrower hereby agrees to indemnify Agent and each Lender and agrees to hold Agent and each Lender and their predecessors and successors in interest, and its affiliates, employees, agents, directors and officers 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, consulting fees, costs of investigation and reasonable 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 (A) the violation or alleged violation by Borrower or any of its predecessors in interest of any Environmental Laws regarding past, present or future property or operations; (B) the presence on or under, or the release from, at or to, properties utilized by Borrower and/or any predecessor in interest of any Hazardous Substances; (C) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower or any predecessor in interest in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any of its predecessors in interest; (F) asbestos-containing material, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders in connection with this Loan Agreement; provided that Borrower shall have no obligation to Agent and Lenders hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lender. The provisions of and undertakings and indemnification set out in this Section shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafter.

Environmental and Safety and Health Indemnity. Borrower hereby agrees to indemnify Agent and each Lender and agrees to hold Agent and each Lender and their its predecessors and successors in interest, and its affiliates, employees, agents, directors and officers 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, consulting fees, costs of investigation and reasonable 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 (A) the violation or alleged violation by Borrower or any of its predecessors in interest of any Environmental Laws regarding past, present or future property or operations; (B) the presence on or under, or the release from, at or to, properties utilized by Borrower and/or any predecessor in interest of any Hazardous Substances; (C) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower or any predecessor in interest in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any of its predecessors in interest; (F) asbestos-containing material, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders Lender in connection with this Loan Agreement; provided that Borrower shall have no obligation to Agent and Lenders Lender hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lender. The provisions of and undertakings and indemnification set out in this Section shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafter.

Environmental and Safety and Health Indemnity. Each Borrower hereby jointly and severally agrees to indemnify Agent and each Lender and agrees to hold Agent and each Lender and their its predecessors and successors in interest, and its affiliates, employees, agents, directors and officers 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, reasonable consulting fees, costs of investigation and reasonable 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 (A) the violation or alleged violation by Borrower Borrowers or any of its their predecessors in interest of any Environmental Laws regarding past, present or future property or operations; (B) the presence on or under, or the release from, at or to, properties utilized by Borrower Borrowers and/or any predecessor in interest of any Hazardous Substances; (C) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower Borrowers or any predecessor in interest in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower Borrowers or its their predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower Borrowers or any of its their predecessors in interest; (F) asbestos-containing material, in or at any past, present or future property of Borrower Borrowers or any of its their predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders Lender in connection with this Loan Agreement; provided that Borrower Borrowers shall have no obligation to Agent and Lenders Lender hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lender. The provisions of and undertakings and indemnification set out in this Section shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower Borrowers at any time thereafter.

Environmental and Safety and Health Indemnity. The Borrower hereby agrees to indemnify Agent indemnifies the Lender and each Lender Affiliates and agrees to hold Agent and each the Lender and their predecessors and successors in interest, and its affiliates, employees, agents, directors and officers 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, consulting fees, costs of investigation and reasonable attorneys’ feesAttorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Agent the Lender or any Lender Affiliate (a) for, with respect to, or as a direct or indirect result of (A) the violation or alleged violation by the Borrower or any of its predecessors in interest Subsidiary, of any Environmental Laws regarding pastLaw or Occupational Safety and Health Law; or (b) with respect to, present or future property as a direct or operations; indirect result of (Bi) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, at properties owned or to, properties utilized by the Borrower and/or any predecessor Subsidiary in interest the conduct of its business into or upon any land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Substances; Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance (Cincluding, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under the Environmental Laws) or (ii) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by the Borrower or and/or any predecessor in interest Subsidiary in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any conduct of its predecessors in interest; (F) asbestos-containing material, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders in connection with this Loan Agreement; provided that Borrower shall have no obligation to Agent and Lenders hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lenderbusiness. The provisions of and undertakings and indemnification set out in this Section SECTION 10.1 shall survive satisfaction and payment of the Liabilities Obligations and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafterAgreement.

Environmental and Safety and Health Indemnity. Borrower hereby agrees to indemnify Agent and each Lender indemnifies and agrees to hold Agent and each Lender and their predecessors and successors in interestLender, and its affiliatesthe officers, directors, employees, agentsagents and affiliates of each of Agent and each Lender (collectively, directors and officers the "Indemnitees") harmless from and against any and all losses, liabilities, damages, injuries, costs, claims and reasonable expenses and claims of any and every kind whatsoever (including, including without limitation, limitation court costs, consulting fees, costs of investigation and reasonable attorneys’ feesAttorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Agent or any Lender of such Indemnitees for, with respect to, or as a direct or indirect result of (A) the violation or alleged violation by Borrower or by, any of its predecessors in interest Company of any Environmental Laws regarding pastLaw or Occupational Safety and Health Law, present or future property with respect to, or operations; as a direct or indirect result of (Ba) the presence on or under, or the release Release from, at or to, properties utilized by Borrower and/or such Company in the conduct of its business into or upon any predecessor in interest land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Substances; Material or the escape, seepage, leakage, spillage, disposal, discharge, emission or release of any other hazardous or toxic waste, substance or constituent, or other substance (Cincluding without limitation any losses, liabilities, damages, injuries, costs, claims or reasonable expenses asserted or arising under any Environmental Law) or (b) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower or any predecessor in interest such Company in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any conduct of its predecessors in interestbusiness; (F) asbestos-containing materialprovided, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders in connection with this Loan Agreement; provided that Borrower shall not have no any obligation to Agent and Lenders any Indemnitee hereunder with respect to any such indemnified liabilities arising from the any Indemnitee's gross negligence or willful misconduct of Agent or any Lendermisconduct. The provisions of and undertakings and indemnification set out in this Section SECTION 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafterAgreement.

Environmental and Safety and Health Indemnity. Borrower hereby agrees to indemnify Agent and each Lender indemnifies and agrees to hold Agent and each Lender and their predecessors and successors in interestLender, and its affiliatesthe officers, directors, employees, agentsagents and affiliates of each of Agent and each Lender (collectively, directors and officers the "Indemnitees") harmless from and against any and all losses, liabilities, damages, injuries, costs, claims and expenses and claims of any and every kind whatsoever (including, without limitation, court costs, consulting fees, costs of investigation and reasonable attorneys’ feesAttorneys' Fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against, Agent or any Lender of such Indemnitees for, with respect to, or as a direct or indirect result of (A) the violation or alleged violation by Borrower or by, any of its predecessors in interest Company of any Environmental Laws regarding pastLaw or Occupational Safety and Health Law, present or future property with respect to, or operations; as a direct or indirect result of (Ba) the presence on or under, or the release Release from, at or to, properties utilized by Borrower and/or such Company in the conduct of its business into or upon any predecessor in interest land, the atmosphere, or any watercourse, body of water or wetland, of any Hazardous Substances; Material or the escape, seepage, leakage, spillage, disposal, discharge, emission or release of any other hazardous or toxic waste, substance or constituent, or other substance (Cincluding, without limitation, any losses, liabilities, damages, injuries, costs, claims or reasonable expenses asserted or arising under any Environmental Law) or (b) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower or any predecessor in interest such Company in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any conduct of its predecessors in interestbusiness; (F) asbestos-containing materialprovided, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders in connection with this Loan Agreement; provided that Borrower shall not have no any obligation to Agent and Lenders any Indemnitee hereunder with respect to any such indemnified liabilities arising from the any Indemnitee's gross negligence or willful misconduct of Agent or any Lendermisconduct. The provisions of and undertakings and indemnification set out in this Section SECTION 9.1 shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafterAgreement.

Environmental and Safety and Health Indemnity. Each Borrower hereby agrees to indemnify Agent and each Lender indemnifies the Bank and agrees to hold Agent the Bank and each Lender and their its predecessors and successors in interest, and its affiliates, employees, agents, directors and officers 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, consulting fees, costs of investigation and reasonable 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 the Bank for, with respect to, or as a direct or indirect result of (Ai) the violation or alleged violation by Borrower Borrowers or any of its predecessors in interest of any Environmental Laws regarding past, present or future property or operations; (Bii) the presence on or under, or the release from, at or to, properties utilized by Borrower Borrowers and/or any predecessor in interest of any Hazardous Substances; (Ciii) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower Borrowers or any predecessor in interest in the past, present or future; (Div) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower Borrowers or its predecessors in interest; (Ev) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower Borrowers or any of its predecessors in interest; (Fvi) asbestos-containing material, in or at any past, present or future property of Borrower Borrowers or any of its predecessors in interest; (Gvii) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (Hviii) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders the Bank in connection with this Loan Agreement; provided that Borrower Borrowers shall have no obligation to Agent and Lenders the Bank hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lenderthe Bank. The provisions of and undertakings and indemnification set out in this Section shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender the Bank may have come into possession or control of any of the property of Borrower Borrowers at any time thereafter.

Environmental and Safety and Health Indemnity. Borrower hereby agrees to indemnify Agent and each Lender and agrees to hold Agent and each Lender and their its predecessors and successors in interest, and its affiliatesAffiliates, employees, agents, directors and officers 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, consulting fees, costs of investigation and reasonable 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 (A) the violation or alleged violation by Borrower or any of its predecessors in interest of any Environmental Laws regarding past, present or future property or operations; (B) the presence on or under, or the release from, at or to, properties utilized by Borrower and/or any predecessor in interest of any Hazardous Substances; (C) the existence of any unsafe or unhealthful condition on or at any premises utilized by Borrower or any predecessor in interest in the past, present or future; (D) transport, treatment, recycling, storage, disposal, or release or threatened release, or arrangement therefor, to, at or from any facility owned or operated by another Person, of any Hazardous Substances generated by Borrower or its predecessors in interest; (E) any remedial action or corrective action arising out of, related to, or in connection with any past, present or future property or operations of Borrower or any of its predecessors in interest; (F) asbestos-containing material, in or at any past, present or future property of Borrower or any of its predecessors in interest; (G) failure to comply with any representations, warranties, covenants, terms or conditions of this Loan Agreement that relate to Environmental Laws or Hazardous Substances; and (H) any environmental, health or safety investigation or review conducted by or on behalf of Agent and Lenders Lender in connection with this Loan Agreement; provided that Borrower shall have no obligation to Agent and Lenders Lender hereunder with respect to any such liabilities arising from the gross negligence or willful misconduct of Agent or any Lender. The provisions of and undertakings and indemnification set out in this Section shall survive satisfaction and payment of the Liabilities and termination of this Loan Agreement and shall expressly cover time periods when Agent or any Lender may have come into possession or control of any of the property of Borrower at any time thereafter.