Common use of Holder Indemnifies Owner Clause in Contracts

Holder Indemnifies Owner. Holder shall indemnify and defend ------------------------ Owner from all liabilities, damages, claims, costs, and expenses (including reasonable attorneys' fees) that Owner incurs and that arise from Holder's exercise of the entry right granted under Section 4.2. But Holder will not be liable for any decrease in the value of any Offered Parcel resulting from Holder's discovery of any negative matter regarding the Offered Parcel, including without limitation any contaminated soil or water existing at the Offered Parcel before the escrow for Holder's purchase closes (the "Pre-Closing Contamination"). Holder will not be required to remove or dispose of any Pre- Closing Contamination. Holder may disclose the existence of any Pre-Closing Contamination, to the extent that Holder is required to do so under applicable law.

Appears in 5 contracts

Samples: Right of First Refusal Agreement (Discovery Investments Inc), Right of First Refusal Agreement (Discovery Investments Inc), Right of First Refusal Agreement (Discovery Investments Inc)

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Holder Indemnifies Owner. Holder older shall indemnify and defend Owner ------------------------ Owner from all liabilities, damages, claims, costs, and expenses (including reasonable attorneys' fees) that Owner incurs and that arise from Holder's exercise of the entry right granted under Section 4.2. But Holder will not be liable for any decrease in the value of any Offered Parcel resulting from Holder's discovery of any negative matter regarding the Offered Parcel, including without limitation any contaminated soil or water existing at the Offered Parcel before the escrow for Holder's purchase closes (the "Pre-Closing Contamination"). Holder will not be required to remove or dispose of any Pre- Pre-Closing Contamination. Holder may disclose the existence of any Pre-Closing Contamination, to the extent that Holder is required to do so under applicable law.

Appears in 1 contract

Samples: Right of First Refusal Agreement (Discovery Investments Inc)

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