Common use of Indemnification by Mortgagor Clause in Contracts

Indemnification by Mortgagor. The Mortgagor will protect, indemnify, and save harmless the Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including, without limitation, attorneys fees and expenses) imposed upon or incurred by or asserted against the Mortgagee by reason of (a) ownership of the Mortgaged Property, or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any except if caused by the willful misconduct or gross negligence of the Mortgagee or its agents after Mortgagee gains possession of the Mortgaged Premises or takes title to the Mortgaged Premises, (c) any use, non-use, or condition of the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d) any failure on the part of the Mortgagor to perform or comply with any of the terms of this Mortgage, (e) performance of any labor or services or the furnishing of any materials or other property in respect to the Mortgaged Property or any part thereof, (f) any negligence or tortious act on the part of the Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g) exercise by the Mortgagee of any remedy provided hereunder or at law or equity, unless such were the result of bad faith or willful misconduct of the Mortgagee. Any amounts, payable to the Mortgagee under this section, which are not paid within thirty (30) days after written demand therefor by the Mortgagee shall bear interest at the interest rate per annum then in effect on the Note (unless collection from the Mortgagor of interest at such rate of interest would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate of interest which may be collected from the Mortgagor under applicable law) from the date of such demand, and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against the Mortgagee by reasons of any such occurrence, the Mortgagor upon the Mortgagee’s request will, at the Mortgagor’s expense, resist and defend such action, suit, or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by the Mortgagor approved by the Mortgagee.

Indemnification by Mortgagor. The Mortgagor will protect, indemnify, save and save hold harmless the Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, costs and expenses (including, without limitation, attorneys attorney's fees and expenses) imposed upon or incurred by or asserted against the Mortgagee by reason of (a) ownership any of the following: a. Ownership of the Mortgaged Property, or any interest therein, or receipt of any rent or other sum therefrom, (b) any ; b. Any accident, injury to or death of persons or loss of or damage to property occurring on or about the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, vaults and vault space, if any except if caused by the willful misconduct or gross negligence of the Mortgagee or its agents after Mortgagee gains possession of the Mortgaged Premises or takes title to the Mortgaged Premises, (c) any any; c. Any use, non-use, use or condition of the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, vaults and vault space, if any, (d) any ; d. Any failure on the part of the Mortgagor to perform or comply with any of the terms of this Mortgage, (e) performance ; e. Performance of any labor or services or the furnishing of any materials or other property in respect to of the Mortgaged Property or any part thereof, (f) any ; f. Any negligence or tortious act on the part of the Mortgagor or any of its agents, contractors, sublesseessublessee, licensees, licensees or invitees, or (g) exercise ; or, g. Exercise by the Mortgagee of any remedy provided hereunder or at law or equity, unless such were the result of bad faith or willful misconduct of the Mortgagee. Any amounts, payable to the Mortgagee under this section, which are not paid within thirty (30) days after written demand therefor by the Mortgagee shall bear interest at the interest rate per annum then in effect on the Note (unless collection from the Mortgagor of interest at such rate of interest would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate of interest which may be collected from the Mortgagor under applicable law) from the date of such demand, and shall be secured by this Mortgage. If any action, suit, suit or proceeding is brought against the Mortgagee by reasons reason of any such occurrenceoccurrence for which Mortgagor must indemnify Mortgagee pursuant to this paragraph, the Mortgagor upon the Mortgagee’s 's request will, will at the Mortgagor’s expense, 's expense resist and defend such action, suit, suit or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by the Mortgagor and approved by Mortgagee. Any amounts paid by Mortgagee in connection with any of the Mortgageematters referred to in this Section shall become part of the Indebtedness Secured Hereby. The terms and provisions contained in this Section shall survive the termination, release or satisfaction of the Loan Documents, but shall not apply to any act or omission first occurring after Mortgagee acquires fee title to and possession of the Mortgaged Property.

Indemnification by Mortgagor. The Mortgagor will protect, indemnify, and save harmless the Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, costs and expenses (including, without limitation, attorneys attorneys’ fees and expenses) imposed upon or incurred by or asserted against the Mortgagee by reason of (a) ownership of the Mortgaged Property, or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, injury to to, or death of persons or loss of or damage to property occurring on or about the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any except if caused by the willful misconduct or gross negligence of the Mortgagee or its agents after Mortgagee gains possession of the Mortgaged Premises or takes title to the Mortgaged Premisesany, (c) any use, non-use, or condition of the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d) any failure on the part of the Mortgagor to perform or comply with any of the terms of this Mortgage, (e) performance of any labor or services or the furnishing of any materials or other property in respect to of the Mortgaged Property or any part thereof, (f) any negligence or tortious act on the part of the Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g) exercise by the Mortgagee of any remedy provided hereunder or at law or equity, unless such were the result of bad faith or willful misconduct of the Mortgagee. Any amounts, amounts payable to the Mortgagee under this section, section which are not paid within thirty ten (3010) days after written demand therefor therefore by the Mortgagee shall bear interest at the interest rate of one percent (1.00%) per annum then in effect on excess of the Note “reference rate” publicly announced from time to time by U.S. Bank National Association (unless collection from the Mortgagor of interest at such rate of interest would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate of interest which may be collected from interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under applicable law) from the date of such demand, and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against the Mortgagee by reasons reason of any such occurrence, the Mortgagor upon the Mortgagee’s request will, will at the Mortgagor’s expense, expense resist and defend such action, suit, or proceeding proceeding, or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by the Mortgagor Xxxxxxxxx approved by the Mortgagee.