Indemnification; No Consequential Damages. (a) Whether or not the transactions contemplated hereby are consummated, the Borrower shall indemnify the Senior Lenders and their officers, directors, employees, agents and representatives (each, an “Indemnitee”) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and expenses (including fees, charges and disbursements of counsel) incurred by or asserted against any Indemnitee arising out of, in connection with, or related to (i) the execution, delivery or performance of any Financing Document or any other agreement or instrument contemplated thereby or the consummation of the transactions contemplated hereby, (ii) the relevant Senior Loan or the use of proceeds thereof, (iii) non-compliance with any law or regulation, including any environmental law or regulation, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory and regardless of whether any Indemnitee is party thereto; provided that such indemnity will not be available to any Indemnitee to the extent that such losses, claims, damages, liabilities or expenses resulted directly from such Indemnitee’s gross negligence or willful misconduct as determined by a final judgment of a court of competent jurisdiction.
Indemnification; No Consequential Damages. (a) Con Edison will indemnify and hold harmless Generator and its Affiliates and their respective directors, officers, employees, agents and representatives (collectively with Generator and its Affiliates, the “Generator Indemnitees”) from and against any claims, causes of action, demands, or suits by any person, and all losses, liabilities, damages, obligations, payments (including amounts paid in settlement in accordance with this Section 5.15), judgments, orders, decrees, rulings, liens, charges, costs and expenses (including reasonable legal fees and expenses and including costs and expenses incurred in connection with investigations and settlement proceedings) (each, an “Indemnifiable Loss”), as incurred, asserted against or suffered by any Generator Indemnitee relating to, resulting from or arising out of any breach by Con Edison of any covenant or agreement of Con Edison contained in this Agreement.
Indemnification; No Consequential Damages. (other than payments pursuant to Section 2.09 (Increased Costs) and/or Section 2.12 (Taxes)) in excess of its Ratable Portion of all payments obtained by all the Lenders, such Lender (a “Purchasing Lender”) shall forthwith purchase from the other Lenders (each, a “Selling Lender”) such participations in their Loans or other obligations as shall be necessary to cause such Purchasing Lender to share the excess payment ratably with each of them.
Indemnification; No Consequential Damages does not violate any duty owed to the Borrower and each Co-Borrower under this Agreement or under any such other agreement.
Indemnification; No Consequential Damages. 6.1 To the extent allowed by law, Recipient shall defend, indemnify and hold harmless Duke and its directors, officers, employees, agents, representatives, and subsidiary and affiliated companies and their directors, officers, employees, agents and representatives, from and against all claims, demands, losses, damages, penalties, fines, liabilities, obligations, and attorneys’ and other professionals’ fees and expenses arising out of or relating to any negligent or wrongful act or omission of Recipient or its employees, contractors and agents in connection with the Purpose or Recipient’s receipt of funds hereunder, including without limitation any claim arising out of Recipient’s failure to comply with applicable laws, rules, regulations, orders or ordinances.
Indemnification; No Consequential Damages. 11.1 Except as otherwise provided below, Carrier shall protect, defend, hold harmless and indemnify CMM and/or any CMM Customer and their respective directors, officers, employees, and agents (hereinafter collectively referred to as “Indemnitee”) from and against:
Indemnification; No Consequential Damages. 4R, its officers, manager, members, directors, agents, employees and Affiliates shall not be liable to the Partnerships, the General Partner, or Limited Partners for claims demands, damages, losses, liabilities, costs or expenses (including, without limitation, reasonable attorneys’ fees and other costs and expenses incident to any suit, proceeding or investigation of any claim) arising out of the rendering of the Services by 4R hereunder except that 4R shall be liable for willful misconduct in the rendering of the Services. 4R shall be indemnified by and reimbursed by the Partnership to the same extent as the Partnerships are obligated to indemnify and reimburse the General Partner pursuant to the Partnership Agreements. Under no circumstances shall 4R be liable for any consequential, speculative, indirect, special, exemplary or punitive damages, or for lost profits or lost business revenues.
Indemnification; No Consequential Damages. The Borrower shall indemnify the Indemnified Persons named in Section 8.03 (Indemnity) of the Common Terms Agreement pursuant to the provisions thereof, which mutatis mutandis apply in its entirety to this Agreement.
Indemnification; No Consequential Damages. (a) The Borrower shall indemnify, defend and hold harmless IFC and each Participant and their respective officers, directors, employees, agents and representatives (each, an “Indemnitee”) against, and hold each Indemnitee harmless from, any and all actual or contingent losses, damages, liabilities, obligations, commitments, deficiencies, awards, fines, penalties, judgments, orders, decrees, claims, actions, suits, proceedings, investigations, demands, complaints, grievances, settlements, disputes, litigation, costs and expenses (including attorney fees and expenses, consultant, engineer, and other professional costs and expenses) (“Losses”) arising out of, in connection with, or related in any way to:
Indemnification; No Consequential Damages
