Common use of Indemnification Etc Clause in Contracts

Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, and expense of every nature, arising by reason of the Secured Party's enforcement of its rights and remedies hereunder, or by reason of the Debtor's failure to comply with any environmental or other law or regulation. As to any action taken by the Secured Party hereunder, the Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its part.

Appears in 9 contracts

Samples: Security Agreement (Pacific Ethanol, Inc.), Security Agreement (Pacific Ethanol, Inc.), Security Agreement (Heron Lake BioEnergy, LLC)

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Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, and expense of every nature, arising by reason of the Secured Party's ’s enforcement of its rights and remedies hereunder, or by reason of the Debtor's ’s failure to comply with any environmental or other law or regulation. As to any action taken by the Secured Party hereunder, the Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its part.

Appears in 5 contracts

Samples: Security Agreement (Heron Lake BioEnergy, LLC), Security Agreement (Heron Lake BioEnergy, LLC), Security Agreement (Dakota Growers Pasta Co Inc)

Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, damage and expense of every nature, arising by reason of the Secured Party's ’s enforcement of its rights and remedies hereunder, or by reason of the Debtor's ’s failure to comply with any environmental or other law or regulation. As to any action taken by the Secured Party hereunder, the Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its part.

Appears in 1 contract

Samples: Security Agreement (South Dakota Soybean Processors LLC)

Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Agent and each Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, and expense of every nature, arising by reason of the Agent or such Secured Party's ’s enforcement of its rights and remedies hereunder, or by reason of the Debtor's ’s failure to comply with any environmental or other law or regulation. As to any action taken by the Agent or Secured Party hereunder, the such Agent or Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its partpart as determined by a court of compentent jurisdiction in a final and non-appealable judgment.

Appears in 1 contract

Samples: Security Agreement (Pacific Ethanol, Inc.)

Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Agent and each Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, and expense of every nature, arising by reason of the Agent or such Secured Party's ’s enforcement of its rights and remedies hereunder, or by reason of the Debtor's ’s failure to comply with any environmental or other law or regulation. As to any action taken by the Agent or Secured Party hereunder, the such Agent or Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its partpart as determined by a court of competent jurisdiction in a final and non-appealable judgment.

Appears in 1 contract

Samples: Security Agreement (Pacific Ethanol, Inc.)

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Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, damage and expense of every nature, arising by reason of the Secured Party's enforcement of its rights and remedies hereunder, or by reason of the Debtor's failure to comply with any environmental or other law or regulation. As to any action taken by the Secured Party hereunder, the Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its part.

Appears in 1 contract

Samples: Mortgage (Soybean Processors LLC)

Indemnification Etc. The Debtor hereby expressly indemnifies and holds the Lending Parties and Secured Party harmless from any and all claims, causes of action, or other proceedings, and from any and all liability, loss, damage, and expense of every nature, arising by reason of the Secured Party's enforcement of its rights and remedies hereunder, or by reason of the Debtor's failure to comply with any environmental or other law or regulation. As to any action taken by the Secured Party hereunder, the Secured Party shall not be liable for any error of judgment or mistake of fact or law, absent gross negligence or willful misconduct on its part.

Appears in 1 contract

Samples: Security Agreement (Pacific Ethanol, Inc.)

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