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

Environmental and Safety and Health Indemnity. The 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 the Borrower or any Subsidiary, of any Environmental Law or Occupational Safety and Health Law; or (b) 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 owned or utilized by the Borrower and/or any 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 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 the Environmental Laws) or (ii) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by the Borrower and/or any Subsidiary in the conduct of its business. The provisions of and undertakings and indemnification set out in this SECTION 10.1 shall survive satisfaction and payment of the Obligations and termination of this Agreement.

Environmental and Safety and Health Indemnity. The Borrower hereby indemnifies the Lender and Affiliates and agrees to hold Agent and each Lender, and the officers, directors, employees, agents and affiliates of each of Agent and each Lender and Affiliates (collectively, 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 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) of such Indemnitees for, with respect to, or as a direct or indirect result of the violation by the Borrower or by, any Subsidiary, Company of any Environmental Law or Occupational Safety and Health Law; , or (b) with respect to, or as a direct or indirect result of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release Release from, properties owned or utilized by the Borrower and/or any Subsidiary such Company 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 of any other hazardous, hazardous or toxic or dangerous waste, substance or constituent, or other substance (including, including without limitation, limitation any losses, liabilities, damages, injuries, costs, claims or reasonable expenses or claims asserted or arising under the any Environmental LawsLaw) or (iib) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by the Borrower and/or any Subsidiary such Company in the conduct of its business; provided, that Borrower shall not have any obligation to any Indemnitee hereunder with respect to indemnified liabilities arising from any Indemnitee's gross negligence or willful misconduct. The provisions of and undertakings and indemnification set out in this SECTION 10.1 9.1 shall survive satisfaction and payment of the Obligations Liabilities and termination of this Agreement.

Environmental and Safety and Health Indemnity. The 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, 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, the Lender or any Affiliate (a) for, with respect to, or as a direct or indirect result of the violation by the Borrower or any Subsidiary, of its Subsidiaries of any Environmental Law or Occupational Safety and Health Law; , or (b) with respect to, or as a direct or indirect result of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties owned or utilized by the Borrower and/or any 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 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 the any Environmental LawsLaw) or (iib) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by the Borrower and/or any Subsidiary in the conduct of its business. The provisions of and undertakings and indemnification set out in this SECTION 10.1 9.1 shall survive satisfaction and payment of the Obligations Liabilities and termination of this Agreement.

Environmental and Safety and Health Indemnity. The Borrower hereby indemnifies the Lender and Affiliates Indemnitees and agrees to hold the Lender and Affiliates 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, the Lender or any Affiliate (a) an Indemnitee for, with respect to, or as a direct or indirect result of the violation by the Borrower or any Subsidiary, of any Environmental Law or Occupational Safety and Health OSHA Law; or (b) with respect to, or as a direct or indirect result of (ia) the presence on or under, or the escape, seepage, leakage, spillage, disposal, discharge, emission or release from, properties owned or utilized by the Borrower and/or any 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 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 the Environmental Laws) or (iib) the existence of any unsafe or unhealthful condition on or at any premises owned or utilized by the Borrower and/or any Subsidiary in the conduct of its business. The provisions provision of and undertakings and indemnification set out in this SECTION 10.1 Section 12.2 shall survive satisfaction and payment of the Obligations and termination of this Agreement.