Indemnification by Forestar Petroleum. From and after the Closing Date, Forestar Petroleum shall, subject to the other terms and conditions of this Section 11(b), indemnify, defend and hold Purchaser, and any of its respective agents, employees, officers and directors, and each of the heirs, executors, successors and assigns thereof (collectively, the “Purchaser Indemnitees”) harmless from any and all claims, actions, demands, liabilities, losses, fines, costs, expenses (including reasonable attorneys’ fees), and compensatory damages only, and not including any punitive, consequential, incidental or special damages, whether or not resulting from third-party claims (each of the foregoing, a “Loss”) to Purchaser, arising out of or with respect to any breach of any representation or warranty of Forestar Petroleum in this Agreement. For the purposes of determining Losses, all qualifications based on the word material or similar phrases shall be disregarded.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Forestar Group Inc.), Purchase and Sale Agreement (Forestar Group Inc.), Purchase and Sale Agreement (Forestar Group Inc.)
Indemnification by Forestar Petroleum. From and after the Closing Date, Forestar Petroleum shall, subject to the other terms and conditions of this Section 11(b), indemnify, defend and hold Purchaser, and any of its respective agents, employees, officers and directors, and each of the heirs, executors, successors and assigns thereof (collectively, the “Purchaser Indemnitees”) harmless from any and all claims, actions, demands, liabilities, losses, fines, costs, expenses (including reasonable attorneys’ fees), and compensatory damages only, and not including any punitive, consequential, incidental or special damages, whether or not resulting from third-party claims (each of the foregoing, a “Loss”) to Purchaser, arising out of or with respect to any breach of any representation or warranty of Forestar Petroleum in this Agreement. For the purposes of determining Losses, all qualifications based on the word material or similar phrases shall be disregarded.. (c)
Appears in 1 contract
Samples: Purchase and Sale Agreement