Common use of Indemnification by Xxxxxx Xxxxxxx Clause in Contracts

Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx agrees to indemnify and hold harmless each of EQR and ERP, and each person, if any, who controls EQR or ERP within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and any trustee, director, officer, employee or affiliate thereof, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6.02, as incurred; but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), the Prospectus (or any amendment or supplement thereto), the Prospectus Supplement, any Issuer Free Writing Prospectus or any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, in reliance upon, and in conformity with, written information furnished to EQR by Xxxxxx Xxxxxxx expressly for use in the Registration Statement (or any amendment thereto), the Prospectus (or any amendment or supplement thereto), the Prospectus Supplement, any Issuer Free Writing Prospectus or any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act.

Indemnification by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx agrees to indemnify and hold harmless each of EQR and ERP, and each person, if any, who controls EQR or ERP within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and any trustee, director, officer, employee or affiliate thereof, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6.026.01, as incurred; but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), the Prospectus (or any amendment or supplement thereto), the Prospectus Supplement, any Issuer Free Writing Prospectus or any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, in reliance upon, and in conformity with, written information furnished to EQR by Xxxxxx Xxxxxxx expressly for use in the Registration Statement (or any amendment thereto), the Prospectus (or any amendment or supplement thereto), the Prospectus Supplement, any Issuer Free Writing Prospectus or any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act.