Common use of Expenses, Indemnification, Waiver of Consequential Damages, etc Clause in Contracts

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agrees, jointly and severally, that it shall comply with the provisions of Section 15 of the Guaranty Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth herein. (b) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable Law, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter-of-Credit or the use of the proceeds thereof. (c) No Indemnitee referred to in this Section 7.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, or the other Loan Documents or the transactions contemplated hereby or thereby. (d) All amounts due under this Section 7.3 shall be payable promptly after demand therefor. (e) Each party’s obligations under this Section 7.3 shall survive the termination of the Loan Documents and payment of the obligations thereunder.

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agreesGrantor, jointly and severally, that it shall comply with pay all out-of-pocket expenses incurred by the Administrative Agent and each other Secured Party pursuant to, and in accordance with, the applicable provisions of Section 15 12.3 of the Guaranty Credit Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth herein. (b) Each Grantor, jointly and severally, shall indemnify each Indemnitee pursuant to, and in accordance with, Section 12.3 of the Credit Agreement. (c) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable Law, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter-of-Extension of Credit or the use of the proceeds thereof. (cd) No Indemnitee referred to in this Section 7.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. (de) Each Grantor agrees to pay, and to save the Administrative Agent and the other Secured Parties harmless from, any and all liabilities with respect to, or resulting from any such Grantor’s delay in paying, any and all stamp, excise, sales withholding or other taxes which may be payable or determined to be payable in connection with any of the transactions contemplated by this Agreement. (f) All amounts due under this Section 7.3 shall be payable promptly after demand therefor. (e) Each party’s obligations under this Section 7.3 shall survive the termination of the Loan Documents and payment of the obligations thereunder.

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agreesGrantor, jointly and severally, that it shall comply with pay all out-of-pocket expenses incurred by Administrative Agent and each other Secured Party pursuant to, and in accordance with, the applicable provisions of Section 15 11.1 of the Guaranty Loan Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth hereinwith references to this "Agreement" in such section being deemed references to this "Security Agreement" for such references. (b) Each Grantor, jointly and severally, shall indemnify each Indemnitee pursuant to, and in accordance with, Section 11.2 of the Loan Agreement, with references to this "Agreement" in such section being deemed references to this "Security Agreement" for such references. (c) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable LawLegal Requirements, other than in connection with an Indemnitee’s willful misconduct, bad faith or gross negligence, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter-of-Credit Loans or the use of the proceeds thereof. (c) No Indemnitee referred to in this Section 7.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, or the other Loan Documents or the transactions contemplated hereby or thereby. (d) All amounts due under this Section 7.3 shall be payable promptly no later than ten (10) Business Days after demand therefor. (e) Each party’s obligations under this Section 7.3 shall survive the termination of the Loan Documents and payment of the obligations thereunder.

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agreesshall pay all out-of-pocket expenses incurred by the Administrative Agent and each of its Affiliates pursuant to, jointly and severallyin accordance with, that it shall comply with the provisions of Section 15 15.2 of the Guaranty Credit Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth herein. (b) Each Grantor shall indemnify each Indemnitee pursuant to, and in accordance with, Section 15.2 of the Credit Agreement. (c) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable Law, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, Document or any Secured Hedging Agreement or any agreement or instrument contemplated hereby, hereby or the transactions contemplated hereby or thereby, any Loan or Letter-of-Extension of Credit or the use of the proceeds thereof. (cd) No Indemnitee referred to in this Section 7.3 8.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, Agreement or the other Loan Documents or any Secured Hedging Agreement or the transactions contemplated hereby or thereby. (de) Each Grantor agrees to pay, and to save the Administrative Agent and the Lenders harmless from, any and all liabilities with respect to, or resulting from any such Grantor’s delay in paying, any and all stamp, excise, sales, withholding or other taxes which may be payable or determined to be payable in connection with any of the transactions contemplated by this Agreement. (f) All amounts due under this Section 7.3 8.3 shall be payable promptly after demand therefortherefor and shall bear interest (after as well as before judgment) until paid at the rate then applicable to Base Rate Loans under the Credit Agreement and shall be additional Obligations hereunder. (e) Each party’s obligations under this Section 7.3 shall survive the termination of the Loan Documents and payment of the obligations thereunder.

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agreesGrantor, jointly and severally, that it shall comply with pay all out-of-pocket expenses incurred by the Collateral Agent and each other Secured Party pursuant to, and in accordance with, the applicable provisions of Section 15 7.07 of the Guaranty Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth hereinIndenture. (b) Each Grantor, jointly and severally, shall indemnify each Indemnitee pursuant to, and in accordance with, Section 7.07 of the Indenture. (c) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable Law, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, Indenture Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter-of-Credit Note or the use of the proceeds thereof. (cd) No Indemnitee referred to in this Section 7.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, Agreement or the other Loan Indenture Documents or the transactions contemplated hereby or thereby. (de) Each Grantor agrees to pay, and to save the Collateral Agent and the other Secured Parties harmless from, any and all liabilities with respect to, or resulting from any such Grantor’s delay in paying, any and all stamp, excise, sales withholding or other taxes which may be payable or determined to be payable in connection with any of the transactions contemplated by this Agreement. (f) All amounts due under this Section 7.3 shall be payable promptly after demand therefor. (e) Each party’s obligations under this Section 7.3 shall survive the termination of the Loan Documents and payment of the obligations thereunder.

Expenses, Indemnification, Waiver of Consequential Damages, etc. (a) Each Grantor hereby agreesThe Grantors, jointly and severally, that it shall comply with pay all out-of-pocket expenses incurred by the provisions of Administrative Agent and each Lender and Issuing Lender to the extent the Borrower would be required to do so pursuant to Section 15 13.3 of the Guaranty Credit Agreement, which are incorporated by reference, mutatis mutandis, as if fully set forth herein. (b) The Grantors, jointly and severally, shall indemnify each Indemnitee to the extent the Borrower would be required to do so pursuant to Section 13.3 of the Credit Agreement. (c) Notwithstanding anything to the contrary contained in this Agreement, to the fullest extent permitted by Applicable Law, each Grantor shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter-of-Letter of Credit or the use of the proceeds thereof. (c) No Indemnitee referred to in this Section 7.3 shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement, or the other Loan Documents or the transactions contemplated hereby or thereby. (d) All amounts due under this Section 7.3 shall be payable promptly after demand therefortherefore, and any amounts not so paid on demand (in addition to other rights and remedies resulting from such nonpayment) shall bear interest from the date of demand until paid in full at the applicable default rate specified in Section 4.1(c) of the Credit Agreement. (e) Each party’s obligations under this Section 7.3 7.4 shall survive the termination of the Loan Documents Revolving Credit Commitments and payment repayment of the obligations thereunderObligations and all other amounts payable under the Credit Agreement and the other Loan Documents.