Common use of Environmental Indemnification Clause in Contracts

Environmental Indemnification. The Borrower covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks or the Administrative Agent (including all reasonable costs of legal representation incurred by the Banks, the Issuing Banks or the Administrative Agent) relating to (a) any Release or threatened Release of Hazardous Substances on the Real Property; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the Real Property or other assets of the Borrower or its Subsidiaries, or the operations conducted thereon; or (c) the investigation or remediation of offsite locations at which the Borrower, any of its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed of Hazardous Substances. It is expressly acknowledged by the Borrower that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and their affiliates, successors and assigns.

Environmental Indemnification. The Borrower Borrower, on its own behalf and on behalf of its Subsidiaries, covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks Agents and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, Lenders harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks Agents or the Administrative Agent Lenders (including all reasonable costs of legal representation incurred by the Banks, the Issuing Banks or the Administrative Agentrepresentation) relating to (a) any Release or threatened Release of Hazardous Substances Materials on the Real PropertyEstate; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the Real Property or other assets of the Borrower or its Subsidiaries, Estate or the operations conducted thereon; or (c) the investigation or remediation of offsite locations at which the Borrower, any of its Subsidiaries, or their its predecessors are alleged to have directly or indirectly Disposed disposed of Hazardous SubstancesMaterials; or (d) any Environmental Liability related in any way to the Borrower or any of its Subsidiaries, except, in each case, to the extent that such claim, expense, damage, loss or liability is determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Agents or the Lenders. It is expressly acknowledged by the Borrower and its Subsidiaries that this covenant of indemnification shall survive any foreclosure or any modification, release or discharge of the Loan Documents or the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the BanksAgents, the Issuing Banks, the Administrative Agent Lenders and their affiliates, successors and permitted assigns.

Environmental Indemnification. The Borrower covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks or the Administrative Agent (including all reasonable costs of legal representation incurred by the Banks, the Issuing Banks or the Administrative Agent) relating to (a) any Release or threatened Release of Hazardous Substances on the Real Property; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the Real Property or other assets of the Borrower or its Subsidiaries, or the operations conducted thereon; or (c) the investigation or remediation of offsite locations at which the Borrower, any of its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed of Hazardous Substances. It is expressly acknowledged by the Borrower that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and their affiliates, successors and assigns.

Environmental Indemnification. The Borrower covenants and agrees the Guarantors jointly and severally covenant and agree that it they will indemnify and hold the Banks, the Issuing Banks and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, Lender harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks Agent or the Administrative Agent any Lender (including all reasonable costs of legal representation incurred by the BanksAgent or any Lender, but excluding, as applicable, for the Issuing Banks Agent or a Lender any claim, expense, damage, loss or liability as a result of the Administrative Agentgross negligence or willful misconduct of the Agent or such Lender) relating to (a) any Release or threatened Release of Hazardous Substances Materials on the any property subject to any Structured Finance Collateral Asset or any Real PropertyEstate; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the any property subject to any Structured Finance Collateral Asset or any Real Property or other assets of the Borrower or its Subsidiaries, Estate or the operations conducted thereon; or (c) the investigation or remediation of offsite off-site locations at which the Borrower, any of Borrower or its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed disposed of Hazardous SubstancesMaterials. It is expressly acknowledged by the Borrower and the Guarantors that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and the Lenders, and their affiliates, successors and assigns.

Environmental Indemnification. The Each Borrower covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks Agent and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, Banks harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks Agent or the Administrative Agent any Bank (including all reasonable costs of legal representation incurred by the Agent and the Banks, the Issuing Banks or the Administrative Agent) relating to (a) any Release release or threatened Release release of Hazardous Substances hazardous substances on the Real Property; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the Real Property or other assets of the Borrower or its Subsidiaries, or the operations conducted thereon; or (c) the investigation or remediation of offsite locations at which the Borrower, any of Borrower or its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed disposed of Hazardous Substanceshazardous substances. It is expressly acknowledged by the each Borrower that this covenant of indemnification shall not include claims, expense, damage, loss or liability incurred by the Agent or any Bank based upon the Agent's or such Banks' gross negligence or willful misconduct (other than gross or willful misconduct which is attributed to the Agent or any Bank solely by nature of any interest it may have in the Real Property), and this covenant shall survive any foreclosure or any modification, release or discharge of the Loan Documents or the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and their affiliates, successors and assigns.

Environmental Indemnification. The Borrower covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks and the Administrative Agent and their respective affiliateseach Bank, and each of the representatives, agents and officers of each of the foregoingtheir respective Affiliates, harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks or the Administrative Agent or any Bank (including all reasonable costs of legal representation incurred by the BanksAdministrative Agent or any Bank, the Issuing Banks or but excluding, as applicable, for the Administrative AgentAgent or a Bank any claim, expense, damage, loss or liability as a result of the gross negligence or willful misconduct of the Administrative Agent or such Bank or any of their respective Affiliates) relating to (a) any Release or threatened Release of Hazardous Substances on the any Real PropertyEstate Asset; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the any Real Property or other assets of the Borrower or its Subsidiaries, Estate Asset or the operations conducted thereon; or (c) the investigation or remediation of offsite off-site locations at which the Borrower, BPI or any of its Subsidiaries, their respective Consolidated Subsidiaries or their predecessors are alleged to have directly or indirectly Disposed disposed of Hazardous Substances; or (d) any action, suit, proceeding or investigation brought or threatened with respect to any Hazardous Substances relating to Real Estate Assets (including, but not limited to, claims with respect to wrongful death, personal injury or damage to property). It is expressly acknowledged by the Borrower that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and the Banks and their affiliatesrespective Affiliates, successors their respective successors, and assignstheir respective assigns under the Loan Documents permitted under this Agreement.

Environmental Indemnification. The Each Borrower covenants and agrees that it will indemnify and hold the Banks, the Issuing Banks and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, harmless from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks or the Administrative Agent (including all reasonable costs of legal representation incurred by the Banks, the Issuing Banks or the Administrative Agent) relating to (a) any Release or threatened Release of Hazardous Substances on the Real Property; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the Real Property or other assets of the such Borrower or its Subsidiaries, or the operations conducted thereon; or (c) the investigation or remediation of offsite locations at which the such Borrower, any of its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed of Hazardous Substances. It is expressly acknowledged by the each Borrower that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and their affiliates, successors and assigns.

Environmental Indemnification. The Borrower covenants and agrees the Guarantors jointly and severally covenant and agree that it they will indemnify and hold harmless the Banks, the Issuing Banks and the Administrative Agent and their respective affiliates, and each of the representatives, agents and officers of each of the foregoing, harmless Lender from and against any and all claims, expense, damage, loss or liability incurred by the Banks, the Issuing Banks Agent or the Administrative Agent any Lender (including all reasonable costs of legal representation incurred by the BanksAgent or any Lender, but excluding, as applicable, for the Issuing Banks Agent or a Lender any claim, expense, damage, loss or liability as a result of the Administrative Agentgross negligence or willful misconduct of the Agent or such Lender) relating to (a) any Release or threatened Release of Hazardous Substances Materials on the any property subject to any Structured Finance Collateral Asset or any Real PropertyEstate; (b) any violation of any Environmental Laws or Applicable Requirements with respect to conditions at the any property subject to any Structured Finance Collateral Asset or any Real Property or other assets of the Borrower or its Subsidiaries, Estate or the operations conducted thereon; or (c) the investigation or remediation of offsite off-site locations at which the Borrower, any of Borrower or its Subsidiaries, or their predecessors are alleged to have directly or indirectly Disposed disposed of Hazardous SubstancesMaterials. It is expressly acknowledged by the Borrower and the Guarantors that this covenant of indemnification shall survive the payment of the Loans and Reimbursement Obligations and satisfaction of all other Obligations hereunder and shall inure to the benefit of the Banks, the Issuing Banks, the Administrative Agent and the Lenders, and their affiliates, successors and assigns.