Common use of Indemnification by Colorado Greenhouse Clause in Contracts

Indemnification by Colorado Greenhouse. (a) Colorado Greenhouse ---------------------------------------- shall indemnify and hold harmless BGPII and Lender and their respective affiliates, officers, directors, managers, shareholders, members, employees and agents, from any loss, liability or damage incurred or suffered by any such person by reason of Colorado Greenhouse's failure to perform its obligations hereunder or its negligence or willful misconduct, including, without limitation, any judgment, award or settlement, other costs and expenses, and reasonable attorneys, fees incurred in connection with the defense of any actual or threatened claim or action based on any such act or omission, unless such loss, liability or damage results from such indemnified person's fraud, negligence or willful misconduct. Such attorneys' fees shall be paid as incurred. (b) Colorado Greenhouse shall indemnify and hold harmless BGPII and Lender and their respective affiliates, officers, directors, managers, shareholders, members, employees and agents from any and all liability, claims, demands, actions and causes of action whatsoever (including without limitation reasonable attorneys' fees and expenses, and costs and expenses reasonably incurred in investigating, preparing or defending against any -litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or related to alleged contamination of the property underlying the Facility (the "Premises") by any hazardous or toxic substance, pollutant or contaminant, or alleged injury or threat of injury, to health, safety or the environment, or alleged noncompliance with any federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder, giving rise to liability under any federal, state or local environmental statutes or ordinances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 (S)(S) SS 9601 et seq., as amended from time -- --- to time, or under any common law claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury to health, safety or the environment relating to the Premises.

Indemnification by Colorado Greenhouse. (a) Colorado -------------------------------------- Greenhouse ---------------------------------------- shall indemnify and hold harmless BGPII Rocky Mountain and Lender its members and their respective affiliates, officers, directors, managers, shareholders, members, employees and agents, from any loss, liability or damage incurred or suffered by any such person by reason of Colorado Greenhouse's failure to perform its obligations hereunder or its negligence or willful misconduct, including, without limitation, any judgment, award or settlement, other costs and expenses, and reasonable attorneys, ' fees incurred in connection with the defense of any actual or threatened claim or action based on any such act or omission, unless such loss, liability or damage results from such indemnified person's fraud, negligence or willful misconduct. Such attorneys' fees shall be paid as incurred. (b) Colorado Greenhouse shall indemnify and hold harmless BGPII Rocky Mountain and Lender and their respective affiliates, officers, directors, managers, shareholders, members, employees and agents from any and all liability, claims, demands, actions and causes of action whatsoever (including without limitation reasonable attorneys' fees and expenses, and costs and expenses reasonably incurred in investigating, preparing or defending against any -litigation litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or related to alleged contamination of the property underlying the Facility (the "Premises") by any hazardous or toxic substance, pollutant or contaminant, or alleged injury or threat of injury, to health, safety or the environment, or alleged noncompliance with any federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder, giving rise to liability under any federal, state or local environmental statutes or ordinances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. (S)(S) SS 9601 et seq., as amended from time -- --- to time, or under any -- --- common law claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury to health, safety or the environment relating to the Premises.

Indemnification by Colorado Greenhouse. (a) Colorado -------------------------------------- Greenhouse ---------------------------------------- shall indemnify and hold harmless BGPII BGP and Lender its partners and their respective affiliates, officers, directors, managers, shareholders, memberspartners, employees and agents, from any loss, liability or damage incurred or suffered by any such person by reason of Colorado Greenhouse's failure to perform its obligations hereunder or its negligence or willful misconduct, including, without limitation, any judgment, award or settlement, other costs and expenses, and reasonable attorneys, ' fees incurred in connection with the defense of any actual or threatened claim or action based on any such act or omission, unless such loss, liability or damage results from such indemnified person's fraud, negligence or willful misconduct. Such attorneys' fees shall be paid as incurred. (b) Colorado Greenhouse shall indemnify and hold harmless BGPII BGP and Lender and their respective affiliates, officers, directors, managers, shareholders, members, employees and agents from any and all liability, claims, demands, actions and causes of action whatsoever (including without limitation reasonable attorneys' fees and expenses, and costs and expenses reasonably incurred in investigating, preparing or defending against any -litigation litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or related to alleged contamination of the property underlying the Facility (the "Premises") by any hazardous or toxic substance, pollutant or contaminant, or alleged injury or threat of injury, to health, safety or the environment, or alleged noncompliance with any federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder, giving rise to liability under any federal, state or local environmental statutes or ordinances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. (S)(S) SS 9601 et seq., as amended from time -- --- to time, or under any -- --- common law claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury to health, safety or the environment relating to the Premises.

Indemnification by Colorado Greenhouse. (a) Colorado Greenhouse ---------------------------------------- -------------------------------------- shall indemnify and hold harmless BGPII WCR and Lender and their respective its affiliates, officers, directors, managers, shareholders, members, employees and agents, from any loss, liability or damage incurred or suffered by any such person by reason of Colorado Greenhouse's failure to perform its obligations hereunder or its negligence or willful misconduct, including, without limitation, any judgment, award or settlement, other costs and expenses, and reasonable attorneys, ' fees incurred in connection with the defense of any actual or threatened claim or action based on any such act or omission, unless such loss, liability or damage results from such indemnified person's fraud, negligence or willful misconduct. Such attorneys' fees shall be paid as incurred. (b) Colorado Greenhouse shall indemnify and hold harmless BGPII WCR and Lender and their respective its affiliates, officers, directors, managers, shareholders, members, employees and agents from any and all liability, claims, demands, actions and causes of action whatsoever (including without limitation reasonable attorneys' fees and expenses, and costs and expenses reasonably incurred in investigating, preparing or defending against any -litigation litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or related to alleged contamination of the property underlying the Facility (the "Premises") by any hazardous or toxic substance, pollutant or contaminant, or alleged injury or threat of injury, to health, safety or the environment, or alleged noncompliance with any federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder, giving rise to liability under any federal, state or local environmental statutes or ordinances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. (S)(S) SS 9601 et seq., as amended from time -- --- to time, or under any common law -- --- claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury to health, safety or the environment relating to the Premises.