Common use of Indemnification and Release Provisions Clause in Contracts

Indemnification and Release Provisions. Borrower and each Guarantor hereby agree to defend Agents and each Lender and their directors, officers, agents, employees, and counsel from, and hold each of them harmless against, any and all losses, liabilities (including, without limitation, settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interest, judgments, costs, or expenses, including, THIRD AMENDED AND 75 RESTATED CREDIT AGREEMENT without limitation, reasonable fees and disbursements of counsel, incurred by or asserted against any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the Loan, or any Collateral Security Document, including, without Limitation, any and all losses, liabilities, claims, damages, interests, judgments, costs, or expenses relating to or arising under any Environmental Control Statute or the application of any such Statute to Borrower's or any Guarantor's or any Restricted Subsidiary's properties or assets, except, however, to the extent resulting from a Lender's own willful misconduct or gross negligence; PROVIDED, HOWEVER, that Agents, Lenders, and their respective directors, officers, agents, employees, and counsel shall in no event be liable for any consequential damages. Borrower, Communications, and each Guarantor each hereby release Agents and each Lender and its respective directors, officers, agents, employees, and counsel from any and all claims for loss, damages, costs, or expenses caused or alleged to be caused by any act or omission on the part of any of them, except, however, to the extent any of the foregoing results from a Lender's own wilful misconduct or gross negligence. All obligations provided for in this SECTION 14.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.

Indemnification and Release Provisions. Each Borrower and each Guarantor hereby agree agrees to defend Agents and each Lender Agent, Lenders and their directors, officers, agents, employees, employees and counsel attorneys from, and hold each of them harmless against, any and all losses, liabilities (including, including without limitation, limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interestinterests, judgments, costs, or expenses, including, THIRD AMENDED AND 75 RESTATED CREDIT AGREEMENT including without limitation, reasonable limitation fees and disbursements of counselattorneys, incurred by or asserted against any of them arising out of or in connection with or by reason of (a) this Agreement, the Commitment, the making of the LoanLoan or any Collateral, or any Collateral Security other Credit Document, including, including without Limitationlimitation, any and all losses, liabilities, claims, damages, interests, judgments, costs, costs or expenses relating to or arising under any Consumer Finance Laws or Environmental Control Statute or the application of any such Statute statute to Borrower's or any Guarantor's or any Restricted Subsidiary's ’s properties or assetsassets and (b) the creation, exceptgeneration, howevercommunication or storage of records by electronic means, to the extent resulting from a Lender's own utilization by Borrowers of the RouteOne LLC services and its “Paper-In”, “Paper Out” and “Transfer of Control” processes for electronic Records, the negligence, fraudulent or willful misconduct of the Electronic Collateral Custodian in connection with any Collateral which is currently, or gross negligence; PROVIDEDwas formerly, HOWEVERevidenced by an electronic record. Each Borrower hereby releases Agent, that Agents, Lenders, Lenders and their respective directors, officers, agents, employees, employees and counsel shall in no event be liable for any consequential damages. Borrower, Communications, and each Guarantor each hereby release Agents and each Lender and its respective directors, officers, agents, employees, and counsel attorneys from any and all claims for loss, damages, costs, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, exceptother than such loss, however, damage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the extent any gross negligence or willful misconduct of the foregoing results from a Lender's own wilful misconduct or gross negligenceAgent and Lenders. All obligations provided for in this SECTION 14.1 Section 10.1 shall survive any termination of this Agreement or the Commitment Commitments and the repayment of the Loan.

Indemnification and Release Provisions. Each Borrower and each Guarantor hereby agree agrees to defend Agents Agent, Holders and each Lender Lenders and their directors, officers, agents, employees, agents and counsel employees and attorneys from, and hold each of them harmless against, any and all losses, liabilities (including, including without limitation, limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interestinterests, judgments, costs, or expenses, including, THIRD AMENDED AND 75 RESTATED CREDIT AGREEMENT including without limitation, reasonable and documented fees and disbursements of counselattorneys, incurred by or asserted against any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the LoanLoan or any Collateral, or any Collateral Security other Credit Document, includingor related transaction, including without Limitationlimitation, any and all losses, liabilities, claims, damages, interests, judgments, costs, costs or expenses relating to or arising under any Consumer Finance Laws or Environmental Control Statute or the application of any such Statute statute to Borrower's Borrowers’ or any Guarantor's or any Restricted Subsidiary's Guarantors’ properties or assets, exceptassets (provided, however, that the indemnification in this Section 10.1 shall not extend to the extent resulting any Taxes, however denominated, or any costs attributable to any Taxes, including without limitation penalties and interest), other than any Taxes that represent losses, claims, damages, etc. arising from a Lender's own willful misconduct or gross negligence; PROVIDEDany non-Tax claim). Each Borrower and each Guarantor hereby releases Agent, HOWEVERHolders, that Agents, Lenders, Lenders and their respective directors, officers, agents, employees, employees and counsel shall in no event be liable for any consequential damages. Borrower, Communications, and each Guarantor each hereby release Agents and each Lender and its respective directors, officers, agents, employees, and counsel attorneys from any and all claims for loss, damages, costs, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, exceptother than such loss, howeverdamage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of Agent, to the extent any of the foregoing results from a Lender's own wilful misconduct or gross negligenceHolders and Lenders. All obligations provided for in this SECTION 14.1 Section 10.1 shall survive any termination of this Agreement or the Commitment Commitments and the repayment of the Loan.

Indemnification and Release Provisions. Borrower and each Guarantor hereby agree agrees to defend Agents WFFPC and each Lender and their its directors, officers, agents, employees, employees and counsel attorneys from, and hold each of them harmless against, any and all losses, liabilities (including, including without limitation, limitation settlement costs and amounts, transfer taxes, documentary taxes, or assessments or charges made by any governmental authority), claims, damages, interestinterests, judgments, costs, or expenses, including, THIRD AMENDED AND 75 RESTATED CREDIT AGREEMENT including without limitation, reasonable limitation fees and disbursements of counselattorneys, incurred by or asserted against any of them arising out of or in connection with or by reason of this Agreement, the Commitment, the making of the LoanLoan or any Collateral, or any Collateral Security other Credit Document, including, without Limitationlimitation, any and all losses, liabilities, claims, damages, interestsinterest, judgments, costs, costs or expenses relating related to or arising under any Environmental Control Statute Consumer Finance Laws or applicable environmental statutes or the application of any such Statute statute to Borrower's or any Guarantor's or any Restricted Subsidiary's ’s properties or assetsactivities, exceptother than such losses, howeverliabilities, claims, damages, interest, judgments, costs or expenses which has been determined by a court of competent jurisdiction to have been caused by the extent resulting from a Lender's own gross negligence or willful misconduct or gross negligence; PROVIDED, HOWEVER, that Agents, Lenders, and their respective directors, officers, agents, employees, and counsel shall in no event be liable for any consequential damagesof WFFPC. Borrower, Communications, and each Guarantor each Borrower hereby release Agents and each Lender releases WFFPC and its respective directors, officers, agents, employees, employees and counsel attorneys from any and all claims for loss, damages, costs, costs or expenses caused or alleged to be caused by any act or omission on the part of any of them, exceptother than such loss, however, damage cost or expense which has been determined by a court of competent jurisdiction to have been caused by the extent any gross negligence or willful misconduct of the foregoing results from a Lender's own wilful misconduct or gross negligenceWFFPC. All obligations provided for in this SECTION 14.1 Section 10.1 shall survive any termination of this Agreement or the Commitment and the repayment of the Loan.