Indemnification by SUNS Sample Clauses

Indemnification by SUNS. In addition to any other provision of this Agreement or any Ancillary Agreement requiring indemnification, except as otherwise specifically set forth in any provision of this Agreement, and subject to Section 6.11, from and after the Distribution, SUNS shall indemnify, defend, release and discharge AFC Gamma and its Affiliates and their respective current and former directors, officers, employees and agents and each of the heirs, executors, successors and permitted assigns of any of the foregoing (collectively, the “AFC Gamma Indemnified Parties”), from and against any and all Indemnifiable Losses actually suffered or incurred by the AFC Gamma Indemnified Parties relating to, arising out of or resulting from any of the following items regardless of whether arising from or alleged to arise from negligence (whether simple, contributory or gross), recklessness, violation of Law, fraud, misrepresentation or otherwise (without duplication) to the fullest extent permitted by applicable Law: (1) the failure of any member of the SUNS Group or any other Person to pay, perform or otherwise promptly discharge any SUNS Liability in accordance with their respective terms, whether arising prior to, on or after the Distribution; (2) any SUNS Liability; and (3) any breach by any member of the SUNS Group of this Agreement or, subject to Section 6.11 hereof, any of the Ancillary Agreements, subject to any indemnification provision or any specific limitation on liability contained in any Ancillary Agreement.