Common use of Environmental Indemnification Clause in Contracts

Environmental Indemnification. Borrower shall indemnify, reimburse, defend, and hold harmless Lender, and each of its respective parents, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “Indemnified Parties”) for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ fees, disbursements and expenses, and reasonable consultants’ fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the gross negligence or willful misconduct of any Indemnified Party): (i) events, circumstances, or conditions which form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to Borrower’s or any previous owner’s or operator’s management, use, control, ownership or operation of any Mortgaged Property (including, without limitation, all on-site and off-site activities involving Hazardous Substances), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim Borrower has or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and Sections 5.1(d) through 5.1(i), inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) shall survive the satisfaction and payment of the Indebtedness and termination of this Agreement.

Environmental Indemnification. Borrower shall indemnify, reimburse, defend, and hold harmless Lender, and each of its respective parents, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “Indemnified Parties”) for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ fees, disbursements and expenses, and reasonable consultants’ fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the gross negligence or willful misconduct of any Indemnified Party, and excepting matters resulting from actions taken or events occurring with respect to the Mortgaged Property or any portion thereof after the Lender forecloses its Lien upon the Mortgaged Property or any portion thereof or accepts a deed in lieu of foreclosure or acquires possession of the Mortgage Property upon an Event of Default as a so-called “mortgagee-in-possession” in which Borrower relinquishes possession of the Mortgaged Property unless and to the extent such matters relate to any of the following which occurred prior thereto): (i) events, circumstances, or conditions which form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to Borrower’s or any previous owner’s or operator’s management, use, control, ownership or operation of any Mortgaged Property (including, without limitation, all on-site and off-site activities involving Hazardous Substances), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim Borrower has or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and Sections 5.1(d) through 5.1(i), inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) shall survive the satisfaction and payment of the Indebtedness and termination of this Agreement.

Environmental Indemnification. Borrower shall Borrowers shall, jointly and severally, indemnify, reimburse, defend, and hold harmless Lender, Lender and each of its respective parentsparent, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “Indemnified Parties”) for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ fees, disbursements and expenses, and reasonable consultants’ fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity administrative and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the fraud, bad faith, gross negligence or willful misconduct of any Indemnified Party):: (i) events, circumstances, or conditions which are alleged to, or do, form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to any Borrower’s or any previous owner’s or operator’s management, use, control, ownership or operation of any Mortgaged Property of the Properties (including, without limitation, all on-site and off-site activities involving Hazardous SubstancesMaterials), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim any Borrower has or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and 5.7 or any of Sections 5.1(d) 5.24 through 5.1(i)5.26, inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) 5.26 shall survive the satisfaction and payment of the Indebtedness and termination of this Loan Agreement.

Environmental Indemnification. Borrower shall indemnify, reimburse, defend, and hold harmless Lender, Lender and each of its respective parentsparent, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “Indemnified Parties”) for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ fees, disbursements and expenses, and reasonable consultants’ fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity administrative and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the fraud, bad faith, gross negligence or willful misconduct of any Indemnified Party):: (i) events, circumstances, or conditions which are alleged to, or do, form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to Borrower’s or any previous owner’s or operator’s management, use, control, ownership or operation of any Mortgaged Individual Property (including, without limitation, all on-site and off-site activities involving Hazardous SubstancesMaterials), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim Borrower has or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and 5.7 or any of Sections 5.1(d) 5.24 through 5.1(i)5.26, inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) 5.26 shall survive the satisfaction and payment of the Indebtedness and termination of this Loan Agreement.

Environmental Indemnification. Borrower shall Borrowers shall, jointly and severally, indemnify, reimburse, defend, and hold harmless Lender, Lender and each of its respective parentsparent, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “"Indemnified Parties”") for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ ' fees, disbursements and expenses, and reasonable consultants’ ' fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity administrative and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the fraud, bad faith, gross negligence or willful misconduct of any Indemnified Party): (i) events, circumstances, or conditions which are alleged to, or do, form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to Borrower’s Borrowers' or any previous owner’s 's or operator’s 's management, use, control, ownership or operation of any Mortgaged Property the Properties (including, without limitation, all on-site and off-site activities involving Hazardous SubstancesMaterials), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim Borrower has Borrowers have or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and 5.7 or any of Sections 5.1(d) 5.24 through 5.1(i), inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) shall survive the satisfaction and payment of the Indebtedness and termination of this Agreement.5.26

Environmental Indemnification. Borrower shall indemnify, reimburse, defend, and hold harmless Lender, and each of its respective parents, subsidiaries, Affiliates, shareholders, directors, officers, employees, representatives, agents, successors, assigns and attorneys (collectively, the “"Indemnified Parties”") for, from, and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses (including, without limitation, interest, penalties, reasonable attorneys’ ' fees, disbursements and expenses, and reasonable consultants’ ' fees, disbursements and expenses (but excluding internal overhead, administrative, lost opportunity and similar costs of Lender)), asserted against, resulting to, imposed on, or incurred by any Indemnified Party, directly or indirectly, in connection with any of the following (except to the extent same are directly and solely caused by the gross negligence or willful misconduct of any Indemnified Party): (i) events, circumstances, or conditions which form the reasonable basis for an Environmental Claim; (ii) any pollution or threat to human health or the environment that is related in any way to Borrower’s 's or any previous owner’s 's or operator’s 's management, use, control, ownership or operation of any Mortgaged Property (including, without limitation, all on-site and off-site activities involving Hazardous Substances), and whether occurring, existing or arising prior to or from and after the date hereof, and whether or not the pollution or threat to human health or the environment is described in the Environmental Reports; (iii) any Environmental Claim against any Person whose liability for such Environmental Claim Borrower has or may have assumed or retained either contractually or by operation of law; or (iv) the breach of any representation, warranty or covenant set forth in Section 4.2(e) and Sections 5.1(d) through 5.1(i)) , inclusive. The provisions of and undertakings and indemnification set forth in this Section 5.1(i) shall survive the satisfaction and payment of the Indebtedness and termination of this Agreement.