Hold Harmless Provisions. The Company hereby releases the Agency from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency and its officers, members, agents (except the Company), employees, representative, successors or assigns, harmless from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Facility or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Facility or (ii) liability arising from or expense incurred by the Agency’s financing, constructing, renovating, equipping, owning and leasing of the Facility, including, without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or its members, officers, agents (except the Company), employees, representatives, successors or assigns and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability; except, however, that, such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the indemnified party.
Appears in 1 contract
Samples: Leaseback Agreement
Hold Harmless Provisions. The Company hereby releases the Agency fromComp.ny hereby.releases the.AgrncyJrorn, agrees agr�es,that � · --·, the Agency shall not be liable for, and agrees to indemnifyinde 1nify, defend and hold har:rpless the Agency and .·. Agency, its chief executive officer, executive directoi.·, directors, officers, employees, 60375-029v3 members, agents (except the Company), employeesrepresentatives, representative, and their respective successors or assigns, harmless and assigns and personal representatives from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Facility Project or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Facility Project or (ii) liability arising from or expense incurred by the Agency’s financing, constructing, renovating, equipping, owning 's and leasing financing of the FacilityProject, including, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expenses incurred incuned in defending any suits or actions which may arise as a result of any of the foregoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or its members, officers, agents (except the Company), employees, representatives, successors or assigns and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability; except, however, that, such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part . The foregoing obligations of the indemnified partyCompany shall remain in full force and effect after the termination of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement
Hold Harmless Provisions. The Company hereby releases the Agency from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency and its executive director, officers, members, agents (except the Company)directors, and employees, representativeand their respective successors, successors assigns or assignspersonal representatives, harmless from and against any and all all
(i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Facility or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Facility or or
(ii) liability arising from or expense incurred by the Agency’s 's financing, acquiring, constructing, renovating, equipping, owning and leasing of the Facility, including, without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing. The fife foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or any of its respective members, directors, officers, agents (except the Company), employees, representatives, successors or assigns employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability; except, however, that, such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the indemnified partyparty to the extent that such an indemnity would be prohibited by law.
Appears in 1 contract
Samples: Leaseback Agreement
Hold Harmless Provisions. The Company hereby releases the Agency from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold harmless the Agency and Agency, its chief executive officer, executive director, directors, officers, employees, members, agents (except the Company), employeesrepresentatives, representative, and their respective successors or assigns, harmless and assigns and personal representatives from and against any and all (i) liability for loss or damage to property or injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Facility Project or arising by reason of or in connection with the occupation or the use thereof or the presence on, in or about the Facility Project or (ii) liability arising from or expense incurred by the Agency’s 's financing, constructing, renovating, equipping, owning constructing and leasing of the FacilityProject to Company, including, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ ' fees and any other expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or its members, officers, agents (except the Company), employees, representatives, successors or assigns and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability; except, however, that, that such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the indemnified party. The foregoing indemnities shall apply notwithstanding the breach of a statutory obligation or the application of any rule of comparative or apportioned liability. The foregoing obligations of the Company shall remain in full force and effect after the termination of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement
Hold Harmless Provisions. The Company hereby releases the Agency from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency and its Chief Executive Officer, directors, officers, membersmembers employees, agents (except the Company), employees, representativerepresentatives, successors or assigns, and assigns harmless from and against any and all (i) liability for loss or damage to property or bodily injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or the Project Facility or arising by reason of or in connection with therewith or breach by the occupation or the use thereof or the presence onCompany of this Agency Lease, in or about the Facility or (ii) liability arising from or expense incurred by the Agency’s financing, acquiring, constructing, renovatinginstalling, equipping, owning and leasing of the Project Facility, including, including without limiting the generality of the foregoing, all causes of action and reasonable attorneys’ fees and any other expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing. The foregoing indemnities shall apply notwithstanding the fault or negligence on the part of the Agency, or any of its respective members, directors, officers, agents (except the Company), ) or employees, representativesother than gross negligence or intentional wrongdoing, successors on the part of the Agency, or assigns any of its respective members, directors, officers, agents (except the Company) or employees, and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability; except, however, that, such indemnities will not be applicable with respect to willful misconduct or gross negligence on the part of the indemnified party.
Appears in 1 contract
Samples: Payment in Lieu of Tax Agreement