Common use of Indemnification and Holding Harmless Clause in Contracts

Indemnification and Holding Harmless. Lessee agrees to defend, indemnify, reimburse, and hold harmless Lessor and its successors, assigns, directors, officers, employees and servants (hereinafter individually and collectively the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties, fines, other sanctions and any costs and expenses in connection therewith, including but not limited to reasonable attorneys' fees and expenses (any and all of which are hereafter referred to as "Claims") that in any way result from or arise out of or in relation to: (a) the condition, manufacture, delivery under this Agreement, possession, return, disposition after an Event of Default, use or operation of the Aircraft either in the air or on the ground; (b) any defect in the Aircraft arising from the material or any article used therein or from the design, testing or use thereof, or from any maintenance, service, repair, overhaul or testing of the Aircraft, regardless of when such defect shall be discovered, and regardless of where the Aircraft may then be located; (c) any breach by, or noncompliance by Lessee with, any provision of this Agreement or any other agreement or document contemplated hereby or given or entered into by Lessee in connection herewith; or (d) any bodily injury suffered by any person, or any property damage suffered by any person or entity, in the course of or as a result of the use, operation, maintenance, service, repair, overhaul, testing, possession, delivery under this Agreement or return of the Aircraft. The foregoing indemnity shall not apply to (i) any Claim that constitutes a Permitted Lien, (ii) Claims for Taxes, it being agreed that Section 8 hereof (together with the Tax Indemnity Agreement) represents Lessee's entire obligation with respect to Taxes, (iii) Claims attributable to the negligence or wilful misconduct of any Indemnified Party, (iv) Claims attributable to any misrepresentation by any Indemnified Party herein or in any agreement or document delivered by it in connection herewith or (v) Claims attributable to acts or events occurring before the Delivery Date or following Expiration or Termination of this Agreement and the re-delivery of the Aircraft to Lessor (unless any of such events after re-delivery of the Aircraft are attributable to acts (or a failure to act) on the part of Lessee prior to such re-delivery).

Indemnification and Holding Harmless. Lessee agrees to defend, indemnify, reimburse, and hold harmless Lessor Lessor, Lessor’s Lender, and its their respective affiliates, subsidiaries, successors, assignsassigns and subcontractors, together with each of such entities’ respective directors, officers, agents, shareholders and employees and servants (hereinafter individually and collectively the "“Indemnified Parties"”) from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties, fines, other sanctions and any costs and expenses in connection therewith, including but not limited to reasonable attorneys' ’ fees and expenses (any and all of which are hereafter referred to as "“Claims"”) that in any way result from or arise out of or in relation to: (a) the condition, manufacture, delivery under this Agreement, possession, return, disposition after an Event of Default, use or operation of the Aircraft either in the air or on the ground; (b) any defect in the Aircraft arising from the material or any article used therein or from the design, testing or use thereof, or from any maintenance, service, repair, overhaul or testing of the Aircraft, regardless of when such defect shall be discovered, and regardless of where the Aircraft may then be located; (c) any breach by, or noncompliance by Lessee with, any provision of this Agreement or any other agreement or document contemplated hereby or given or entered into by Lessee in connection herewith; or (d) any bodily injury suffered by any person, or any property damage suffered by any person or entity, in the course of or as a result of the use, operation, maintenance, service, repair, overhaul, testing, possession, delivery under this Agreement or return of the Aircraft. The foregoing indemnity shall not apply to (i1) any Claim that constitutes a Permitted Lien, (ii2) Claims for Taxes, it being agreed that Section 8 hereof (together with the Tax Indemnity Agreement) represents Lessee's ’s entire obligation with respect to Taxes, (iii3) Claims attributable to the gross negligence or wilful willful misconduct of any Indemnified Party, (iv4) Claims attributable to any misrepresentation by any Indemnified Party herein or in any agreement or document delivered by it in connection herewith or (v5) with the exception of clause (c) above, Claims attributable to acts or events occurring before the Delivery Date or following Expiration or Termination of this Agreement and the re-delivery Return of the Aircraft to Lessor (unless any of such events after re-delivery of the Aircraft are attributable to acts (or a failure to act) on the part of Lessee prior to such re-delivery)Lessor.

Indemnification and Holding Harmless. Lessee agrees to defend, indemnify, reimburse, and hold harmless Lessor Lessor, Lessor’s Lender, and its their respective affiliates, subsidiaries, successors, assignsassigns and subcontractors, together with each of such entities’ respective directors, officers, agents, shareholders and employees and servants (hereinafter individually and collectively the "“Indemnified Parties"”) from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties, fines, other sanctions and any costs and expenses in connection therewith, including but not limited to reasonable attorneys' ’ fees and expenses (any and all of which are hereafter referred to as "“Claims"”) that in any way result from or arise out of or in relation to: (a) the condition, manufacture, delivery under this Agreement, Initials: ABX:__________ DHL:__________ Those portions of this Agreement marked with an [*] have been omitted pursuant to a request for confidential treatment and have been filed separately with the SEC. possession, return, disposition after an Event of Default, use or operation of the Aircraft either in the air or on the ground; (b) any defect in the Aircraft arising from the material or any article used therein or from the design, testing or use thereof, or from any maintenance, service, repair, overhaul or testing of the Aircraft, regardless of when such defect shall be discovered, and regardless of where the Aircraft may then be located; (c) any breach by, or noncompliance by Lessee with, any provision of this Agreement or any other agreement or document contemplated hereby or given or entered into by Lessee in connection herewith; or (d) any bodily injury suffered by any person, or any property damage suffered by any person or entity, in the course of or as a result of the use, operation, maintenance, service, repair, overhaul, testing, possession, delivery under this Agreement or return of the Aircraft. The foregoing indemnity shall not apply to (i1) any Claim that constitutes a Permitted Lien, (ii2) Claims for Taxes, it being agreed that Section 8 hereof (together with the Tax Indemnity Agreement) represents Lessee's ’s entire obligation with respect to Taxes, (iii3) Claims attributable to the gross negligence or wilful willful misconduct of any Indemnified Party, (iv4) Claims attributable to any misrepresentation by any Indemnified Party herein or in any agreement or document delivered by it in connection herewith or (v5) with the exception of clause (c) above, Claims attributable to acts or events occurring before the Delivery Date or following Expiration or Termination of this Agreement and the re-delivery Return of the Aircraft to Lessor (unless any of such events after re-delivery of the Aircraft are attributable to acts (or a failure to act) on the part of Lessee prior to such re-delivery)Lessor.

Indemnification and Holding Harmless. Lessee agrees to defend, indemnify, reimburse, and hold harmless Lessor Lessor, Lessor’s Lender, and its their respective affiliates, subsidiaries, successors, assignsassigns and subcontractors, together with each of such entities’ respective directors, officers, agents, shareholders and employees and servants (hereinafter individually and collectively the "“Indemnified Parties"”) from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties, fines, other sanctions and any costs and expenses in connection therewith, including but not limited to reasonable attorneys' ’ fees and expenses (any and all of which are hereafter referred to as "“Claims"”) that in any way result from or arise out of or in relation to: (a) the condition, manufacture, delivery under this Agreement, possession, return, disposition after an Event of Default, use or operation of the Aircraft either in the air or on the ground; (b) any defect in the Aircraft arising from the material or any article used therein or from the design, testing or use thereof, or from any maintenance, service, repair, overhaul or testing of the Aircraft, regardless of when such defect shall be discovered, and regardless of where the Aircraft may then be located; (c) any breach by, or noncompliance by Lessee with, any provision of this Agreement or any other agreement or document contemplated hereby or given or entered into by Lessee in connection herewith; or (d) any bodily injury suffered by any person, or any property damage suffered by any person or entity, in the course of or as a result of the use, operation, maintenance, service, repair, overhaul, testing, possession, delivery under this Agreement or return of the Aircraft. The foregoing indemnity shall not apply to (i) any Claim that constitutes a Permitted Lien, (ii) Claims for Taxes, it being agreed that Section 8 hereof (together with the Tax Indemnity Agreement) represents Lessee's entire obligation with respect to Taxes, (iii) Claims attributable to the negligence or wilful misconduct of any Indemnified Party, (iv) Claims attributable to any misrepresentation by any Indemnified Party herein or in any agreement or document delivered by it in connection herewith or (v) Claims attributable to acts or events occurring before the Delivery Date or following Expiration or Termination of this Agreement and the re-delivery of the Aircraft to Lessor (unless any of such events after re-delivery of the Aircraft are attributable to acts (or a failure to act) on the part of Lessee prior to such re-delivery).AIRCRAFT LEASE AGREEMENT 26 MSN