Common use of Indemnification of Assignee Clause in Contracts

Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) directly or indirectly arising out of or based upon the failure of Assignor to keep, perform, fulfill, and observe all of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or observed by Assignor under, or with respect to, the Contracts prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 4 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions (Pro Dex Inc), Purchase and Sale Agreement and Escrow Instructions (Pan Pacific Retail Properties Inc), Purchase and Sale Agreement (Pan Pacific Retail Properties Inc)

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Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) directly or indirectly arising out of or based upon the Assignor's failure of Assignor to keep, perform, fulfill, and observe all any of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or and observed by Assignor under, or with respect to, the Contracts lessor under the Leases prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Pan Pacific Retail Properties Inc), Purchase and Sale Agreement and Escrow Instructions (Pan Pacific Retail Properties Inc), Purchase and Sale and Ground Lease Assignment and Assumption Agreement and Escrow Instructions (Pan Pacific Retail Properties Inc)

Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) incurred by Assignee directly or indirectly arising out of or based upon the Assignor’s failure of Assignor to keep, perform, fulfill, and observe all any of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or and observed by Assignor under, or with respect to, the Contracts landlord under the Lease prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership)

Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) directly or indirectly arising out of or based upon the Assignor’s failure of Assignor to keep, perform, fulfill, and observe all any of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or and observed by Assignor under, or with respect to, the Contracts tenant under the Lease prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Herbst Gaming, LLC)

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Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) directly or indirectly arising out of or based upon the Assignor's failure of Assignor to keep, perform, fulfill, and observe all any of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or and observed by Assignor under, or with respect to, the Contracts lessee under the Ground Lease prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 1 contract

Samples: Purchase and Sale and Ground Lease Assignment and Assumption Agreement and Escrow Instructions (Pan Pacific Retail Properties Inc)

Indemnification of Assignee. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and against any and all liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) directly or indirectly arising out of or based upon the Assignor’s failure of Assignor to keep, perform, fulfill, and observe all any of the terms covenants, obligations, agreements, and conditions required to be kept, performed, fulfilled, or and observed by Assignor under, or with respect to, the Contracts lessor under the Leases prior to the execution and delivery of this Assignment by Assignor and Assignee.

Appears in 1 contract

Samples: Corn Supply Agreement (BioFuel Energy Corp.)

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