Environmental Law Compliance and Indemnity. Borrower will, and will cause each other Credit Party to, comply with all Applicable Environmental Laws, including (a) all licensing, permitting, notification and similar requirements of Applicable Environmental Laws, and (b) all provisions of Applicable Environmental Law regarding storage, discharge, release, transportation, treatment and disposal of Hazardous Substances, except where the failure to comply could not reasonably be expected to have a Material Adverse Effect. Borrower will, and will cause each other Credit Party to, promptly pay and discharge when due all debts, claims, liabilities and obligations with respect to any clean-up or remediation measures necessary to comply with Applicable Environmental Laws. Borrower hereby indemnifies and agrees to defend and hold Banks and their successors and assigns harmless from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by any Bank at any time and from time to time, including those asserted or arising subsequent to the payment or other satisfaction of the Loans, by reason of or arising out of the ownership, construction, occupancy, operation, use and maintenance of any of the collateral for the Loans, including matters arising out of the negligence of any Bank; provided that, this indemnity shall not apply with respect to matters caused by or arising out of (i) with respect to each Bank, the gross negligence or willful misconduct of such Bank, as determined by a court of competent jurisdiction in a final, non-appealable judgment (IT BEING THE EXPRESS INTENTION HEREBY THAT BANKS SHALL BE INDEMNIFIED FROM THE CONSEQUENCES OF THEIR NEGLIGENCE); and (ii) the construction, occupancy, operation, use and maintenance of the collateral for the Loans by any owner, lessee or party in possession of the collateral for the Loans subsequent to the ownership of the collateral for the Loans by Borrower; provided further that, this subclause (ii) shall not exclude from the foregoing indemnity and agreement, liability, claims, demands, causes of action, loss, damage, costs and expenses imposed by reason of the ownership of the collateral for the Loans by Banks after purchase by Banks at any foreclosure sale or transfer in lieu thereof from any Credit Party in partial or entire satisfaction of the Loans (unle...
Environmental Law Compliance and Indemnity. Each of the ------------------------------------------ Borrowers agree to promptly pay and discharge when due all debts, claims, liabilities and obligations with respect to any clean-up measures necessary for such Borrower to comply with Applicable Environmental Laws affecting such Borrower. Borrowers hereby, jointly and severally, indemnify and agree to defend and hold Agent and each Lender and its successors and assigns harmless from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Agent or any Lender at any time and from time to time related to any violation or purported violation of any Applicable Environmental Laws, including, without limitation, those asserted or arising subsequent to the payment or other satisfaction of the Notes, by reason of, arising out of or related in any way to Agent's and Lenders' entering into this Agreement and the transactions herein contemplated, INCLUDING MATTERS ARISING OUT OF THE ORDINARY NEGLIGENCE OF AGENT OR ANY LENDER, BUT EXCLUDING MATTERS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL
Environmental Law Compliance and Indemnity. The Borrower will comply, and will cause each of its Subsidiaries to comply, in all material respects with all Environmental Laws binding on the Borrower or such Subsidiary, including, without limitation, (a) all licensing, permitting, notification and similar requirements of Environmental Laws, and (b) all provisions of all Environmental Laws regarding storage, discharge, release, transportation, treatment and disposal of Hazardous Substances. The Borrower will promptly pay and discharge when due, and will cause each of its Subsidiaries to promptly pay and discharge when due, all debts, claims, liabilities and obligations with respect to any clean-up or remediation measures necessary to comply with Environmental Laws binding on the Borrower or any Subsidiary of the Borrower. The Borrower hereby agrees to indemnify, defend and hold harmless each of the Banks, the Agent and their respective agents, affiliates, officers, directors, and employees from and against any and all claims, losses, demands, actions, causes of action, and liabilities whatsoever (including without limitation reasonable attorney's fees and expenses, and costs and expenses reasonably incurred in investigating, preparing or defending against any litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or resulting from the contamination by any Hazardous Substance or environmental pollutant in violation of, or noncompliance with, any federal, state or local Environmental Laws, including without limitation violation of the Comprehensive
Environmental Law Compliance and Indemnity. 3.11.1. WITHOUT LIMITING THE OBLIGATIONS OF THE DISTRICT HEREUNDER, XXXXX SHALL PROMPTLY PAY AND DISCHARGE WHEN DUE ALL DEBTS, CLAIMS, LIABILITIES, AND OBLIGATIONS AND PERFORM ALL DUTIES NECESSARY FOR XXXXX TO COMPLY IN ALL MATERIAL RESPECTS WITH ALL ENVIRONMENTAL LAWS WHICH ARE APPLICABLE TO THE REAL PROPERTY (OR ANY PORTIONS(S) THEREOF) OR THE OPERATION OF THE HOSPITALS DURING THE TERM. XXXXX SHALL NOT CAUSE OR PERMIT ANY HAZARDOUS MATERIALS TO BE BROUGHT UPON, KEPT, OR USED IN OR ABOUT THE REAL PROPERTY IN MATERIAL VIOLATION OF ANY ENVIRONMENTAL LAWS. IF XXXXX (I) BREACHES THE OBLIGATIONS STATED IN THE PRECEDING SENTENCE, OR
Environmental Law Compliance and Indemnity. Each of Borrower and the Guarantor Subsidiaries agrees to promptly pay and discharge when due all debts, claims, liabilities and obligations with respect to any clean-up measures necessary for Borrower or any Consolidated Subsidiary to comply with Applicable Environmental Laws affecting Borrower or any Consolidated Subsidiary. Borrower and the Guarantor Subsidiaries hereby, jointly and severally, indemnify and agree to defend and hold Administrative Agent and each Lender and their
Environmental Law Compliance and Indemnity. Borrower and each Subsidiary agree to promptly pay and discharge when due all debts, claims, liabilities and obligations with respect to any clean-up measures necessary for it to comply with Applicable Environmental Laws affecting it. Borrower hereby indemnifies and agrees to defend and hold Lender and its successors and assigns harmless from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Lender at any time and from time to time including, without limitation, those asserted or arising subsequent to the payment or other satisfaction of all AGF Notes, by reason of, arising out of or related in any way to Lender's entering into this Agreement and the transactions herein contemplated, INCLUDING MATTERS ARISING OUT OF THE ORDINARY CREDIT AGREEMENT 35
Environmental Law Compliance and Indemnity. (a) Borrower will, and will cause each other Credit Party to, comply with all Applicable Environmental Laws, including
Environmental Law Compliance and Indemnity. 27 SECTION 7.13.
Environmental Law Compliance and Indemnity. Borrower and each Subsidiary agree to promptly pay and discharge when due all debts, claims, liabilities and obligations with respect to any clean-up measures necessary for it to comply with Applicable Environmental Laws affecting it. Borrower hereby indemnifies and agrees to defend and hold Lender and its successors and assigns harmless from and against any and all claims, demands, causes of action, loss,
Environmental Law Compliance and Indemnity. (A) SUBJECT TO SECTION 10.4 AND WITHOUT DUPLICATION OF AMOUNTS PAYABLE BY BORROWER THEREUNDER OR PURSUANT TO ANY OTHER PROVISION OF THIS AGREEMENT, BORROWER HEREBY INDEMNIFIES AND AGREES TO DEFEND AND HOLD AGENT AND EACH LENDER AND THEIR SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSS, DAMAGE, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, ASSERTED AGAINST OR INCURRED BY AGENT OR ANY LENDER AT ANY TIME AND FROM TIME TO TIME, INCLUDING, WITHOUT LIMITATION, THOSE ASSERTED OR ARISING SUBSEQUENT TO THE PAYMENT OR OTHER SATISFACTION OF THE NOTES AND EXPIRATION OF THE LETTERS OF CREDIT, BY REASON OF, ARISING OUT OF OR RELATED IN ANY WAY TO (A) ANY LOAN DOCUMENT, INCLUDING, WITHOUT LIMITATION, THE USE OF PROCEEDS OF THE ADVANCES OR THE RELATIONSHIP CREATED BY ANY LOAN DOCUMENT BETWEEN OR AMONG BORROWER, AGENT, ISSUING LENDER AND THE LENDERS AND (B) BORROWER'S FAILURE TO COMPLY WITH APPLICABLE ENVIRONMENTAL LAWS, INCLUDING MATTERS ARISING OUT OF THE ORDINARY NEGLIGENCE OF AGENT OR ANY LENDER, BUT EXCLUDING MATTERS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AGENT OR ANY LENDER.
