Indemnification for Environmental Liabilities. (a) Lessee agrees to indemnify, defend (with counsel reasonably acceptable to Lessor at Lessee’s sole cost) and hold Lessor and the Lessor Indemnitees (as defined below) harmless from and against all environmental liabilities and costs, liabilities and obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages except as set forth below), disbursements or expenses of any kind (including attorneys’ and experts fees and fees and expenses incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by or asserted or awarded against Lessor or any of Lessor Indemnitees in connection with or arising from or out of Lessee’s violation of any of its obligations set forth in Section 9.01; provided, however, that notwithstanding the foregoing, Lessee shall not be liable for indemnification of consequential damages arising out of or based on claims brought by Lessor or Lessor’s employees.
Indemnification for Environmental Liabilities. ACF shall indemnify and hold ARI harmless from and against any and all costs, losses, claims, liabilities, fines, penalties, damages and expenses (including court costs and reasonable fees and disbursements of counsel) resulting from or arising out of any Environmental Liability which relates to any action or inaction which occurred, or any condition, known or unknown, which existed, on or prior to the Effective Date and ARI shall indemnify and hold ACF harmless from and against any and all costs, losses, claims, liabilities, fines, penalties, damages and expenses (including court costs and reasonable fees and disbursements of counsel) resulting from or arising out of any Environmental Liability which relates to any action or inaction which occurs, or any condition which arises, after the Effective Date, excluding those resulting from ACF’s cleanup and closure activities after the Effective Date, as more fully described in Section 11.2 hereof. ARI shall not take any action not specifically permitted or required by this Agreement with respect to any Environmental Liability for which ACF is or may be required to indemnify ARI pursuant to the proceeding paragraph, including negotiating and/or agreeing to cleanup, remediate or settle such Environmental Liability, without the prior written approval of ACF. In the event that, notwithstanding the foregoing, ARI takes any of the foregoing actions with respect to any Environmental Liability without ACF’s prior written approval, ACF shall not be obligated to indemnify ARI for any costs, losses, claims, liabilities, fines, penalties, damages and expenses (including court costs and reasonable fees and disbursements of counsel) resulting from or arising out of such Environmental Liability. In addition, ARI agrees to indemnify and hold ACF harmless from and against any costs, losses, claims, liabilities, fines, penalties, damages and expenses (including court costs and reasonable fees and disbursements of counsel) resulting from: (a) any breach of this Agreement, to the extent that such breach prejudices ACF’s ability to take any action which is permitted or contemplated by the terms of this Agreement with respect to any Environmental Liability for which ACF is or may be required to indemnify ARI pursuant to the first paragraph of this Section 11.1; or (b) any breach by ARI of the first sentence of this paragraph. Notwithstanding anything else in this Agreement to the contrary, ACF shall have no indemnification liabilit...
Indemnification for Environmental Liabilities. 11.2 For greater certainty and without limiting the generality of the foregoing, the Parties acknowledge and agree that the Optionee shall not be responsible for any environmental or other liabilities accrued on the Project by the Optionor or any predecessor thereof prior to the date of this Agreement, and the Optionor hereby agrees to indemnify and hold harmless the Optionee and all of its directors, officers, servants, agents and employees, together with the Successors, assigns, administrators, executors, heirs and all other legal representatives of the Optionee, in connection with such matters.
Indemnification for Environmental Liabilities. Without limitation to the indemnity set forth in Section 10.3, Borrower and Guarantors shall indemnify Administrative Agent and each Lender for all amounts, including costs, expenses and attorneys’ fees, paid by Administrative Agent or such Lender or any of their respective Affiliates arising in connection with any Environmental Liabilities alleged or imposed relating to the Owned Land.
Indemnification for Environmental Liabilities. 1. Lessee agrees at its sole cost to indemnify, defend (with counsel reasonably acceptable to Lessor) and hold Lessor and the Lessor Indemnitees (as defined below) harmless from and against all environmental liabilities and costs, liabilities and obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages except as set forth below), disbursements or expenses of any kind (including attorneys’ and experts fees and fees and expenses incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by or asserted or awarded against Lessor or any of Lessor Indemnitees in connection with or arising from or out of Lessee’s violation of any of its obligations set forth in Paragraph IX.A above; provided, however, that notwithstanding the foregoing, Lessee shall not be liable for indemnification of consequential damages arising out of or based on claims brought by Lessor or Lessor’s employees.
