Indemnification by Management Company. Subject to the limitations set forth in this Article 8, Management Company hereby agrees to indemnify and hold harmless Tenant at all times against and with respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees and expenses, costs of litigation and costs of investigation (but not including any adjustments or credits expressly provided for in this Agreement) (“Tenant Losses”): (a) resulting from a material breach of a representation or warranty contained in Section 6.2 of this Agreement; (b) resulting from gross negligence or willful misconduct of Management Company in exercising its duties and responsibilities hereunder; or (c) Management Company’s uncured material breach of this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)
Indemnification by Management Company. Subject to the limitations set forth in this Article 8, Management Company hereby agrees to indemnify and hold harmless Tenant at all times from and after the Commencement Date against and with respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees and expenses, costs of litigation and costs of investigation (but not including any adjustments or credits expressly provided for in this Agreement) (“Tenant Losses”):
(a) resulting from a material any breach of a representation or warranty contained in Section 6.2 of this Agreement;
(b) resulting from gross negligence or willful misconduct of Management Company in exercising its duties and responsibilities hereunder; or
(c) Management Company’s uncured material breach of this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)
Indemnification by Management Company. Subject to the limitations set forth in this Article 8, Management Company hereby agrees to indemnify and hold harmless Tenant at all times against and with respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees and expenses, costs of litigation and costs of investigation (but not including any adjustments or credits expressly provided for in this Agreement) (“Tenant Losses”):
(a) resulting from a material breach of a representation or warranty contained in Section 6.2 of this Agreement;
(b) resulting from gross negligence or willful misconduct of Management Company in exercising its duties and responsibilities hereunder; or
(c) Management Company’s uncured material breach of this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)
Indemnification by Management Company. Subject to the limitations set forth in this Article 8, Management Company hereby agrees to indemnify and hold harmless Tenant at all times from and after the Commencement Date against and with respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees and expenses, costs of litigation and costs of investigation (but not including any adjustments or credits expressly provided for in this Agreement) (“Tenant Losses”):
(a) resulting from a material breach of a representation or warranty contained in Section 6.2 of this Agreement;
(b) resulting from gross negligence or willful misconduct of Management Company in exercising its duties and responsibilities hereunder; or
(c) Management Company’s uncured material breach of this Agreement.
Appears in 2 contracts
Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)
Indemnification by Management Company. Subject to the limitations set forth in this Article 8, Management Company hereby agrees to indemnify and hold harmless Tenant at all times from and after the Commencement Date against and with respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees and expenses, costs of litigation and costs of investigation (but not including any adjustments or credits expressly provided for in this Agreement) (“Tenant Losses”):
(a) resulting from a material any breach of a representation or warranty contained in Section 6.2 Article 5 of this Agreement;
(b) resulting from gross negligence or willful misconduct of Management Company in exercising its duties and responsibilities hereunder; or;
(c) or Management Company’s uncured material breach of this Agreement.
Appears in 1 contract
Samples: Management Services Agreement (CNL Healthcare Trust, Inc.)