Common use of Indemnification of Assignee Clause in Contracts

Indemnification of Assignee. Assignor hereby agrees to indemnify and hold Assignee harmless from any and all liability, loss or damage that Assignee may incur under the Leases or by reason of this Assignment. Such indemnification shall also cover any and all claims that may be asserted against Assignee under the Leases or this Assignment. Nothing in this Section 6 shall be construed to bind Assignee to the performance of any lease provisions, or to otherwise impose any liability upon Assignee including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Lessee shall have been joined as party defendant in any action to foreclose the Mortgage and shall have been barred thereby of all right, title, interest, and equity of redemption in the Property or any part thereof; nor shall anything herein operate to place any obligation or liability for the control, care, management or repair of the Property upon Assignee or to make Assignee responsible or liable for any waste committed on the Property by the tenants or any other parties, or for any dangerous or defective condition of the Property, including, without limitation, the presence of any hazardous waste or substance, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee or stranger. This Assignment imposes no liability upon Assignee for the operation and maintenance of the Property or for carrying out the terms of any Lease before Assignee has entered and taken possession of the Property. Any loss or liability incurred by Assignee, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Assignee's request, be immediately reimbursed by Xxxxxxxx. Such reimbursement shall include interest at the Default Rate (as such term is defined in the Mortgage), costs, expenses and attorneys' fees. Assignee may, upon entry and taking of possession, collect the rents, income and profits and apply them to reimbursement for any such loss or liability. The provisions of this Section 6 shall survive satisfaction of the Obligations and any termination, satisfaction or foreclosure of this Assignment.

Indemnification of Assignee. Assignor hereby agrees to indemnify and hold Assignee harmless from any and all claims, liability, loss or damage that Assignee may incur under the Leases or by reason of this Assignment. Such ; provided, however, that such indemnification shall also cover any and all claims that may be asserted against Assignee under not apply to damages which result directly from the Leases willful misconduct or this Assignmentgross negligence of Assignee. Nothing in this Section 6 paragraph shall be construed to bind Assignee to the performance of any lease Lease provisions, or to otherwise impose any liability upon Assignee including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Lessee shall have been joined as party defendant in any action to foreclose the Mortgage Security Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the Property or any part thereof; nor shall anything herein operate to place any obligation or liability for the control, care, management or repair of the Property upon Assignee or to make Assignee responsible or liable for any waste committed on the Property by the tenants or any other parties, or for any dangerous or defective condition of the Property, including, without limitation, the presence of any hazardous waste or substance, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee or strangerpremises. This Assignment imposes no liability upon Assignee for the operation and maintenance of the Property premises or for carrying out the terms of any Lease (except as may be herein provided) before Assignee has entered and taken possession of the Propertypremises following an Event of Default. Any loss or liability incurred by Assignee, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Assignee's ’s request, be immediately reimbursed by XxxxxxxxAssignor. Such reimbursement shall include interest at the rate (including, without limitation, any applicable Default Rate (as such term is defined Rate) set forth in the Mortgage)Note, costs, expenses and reasonable attorneys' ’ fees. Assignee may, upon entry and taking of possession, collect the rents, income and profits and apply them to reimbursement for any such loss or liability. The provisions of this Section 6 shall survive satisfaction of the Obligations and any termination, satisfaction or foreclosure of this Assignment.

Indemnification of Assignee. Assignor hereby agrees to indemnify indemnify, ---------------------------- defend, protect and hold Assignee harmless from and against any and all liability, loss loss, cost, expense or damage (including reasonable attorneys' fees) that Assignee may or might incur under the Leases or by reason of this AssignmentAssignment other than liability, loss, cost, expense, or damage incurred as a result of Assignee's gross negligence or willful misconduct. Such indemnification shall also cover any and all claims and demands that may be asserted against Assignee under the Leases or this Assignment. Nothing in this Section 6 paragraph shall be construed to bind Assignee to the performance of any lease Lease provisions, or to otherwise impose any liability upon Assignee Assignee, including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Lessee shall have been joined as party defendant in any action to foreclose the Mortgage and shall have been barred thereby of all right, title, interest, and equity of redemption in the Property or any part thereof; nor shall anything herein operate to place any obligation or liability for the control, care, management or repair of the Property upon Assignee or to make Assignee responsible or liable for any waste committed on the Property by the tenants or any other parties, or for any dangerous or defective condition of the Property, including, without limitation, the presence of any hazardous waste or substance, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee or stranger. This Assignment imposes no liability upon Assignee for the operation and maintenance of the Property or for carrying out the terms of any Lease before Assignee has entered and taken possession of the Property. Any loss or liability incurred by Assignee, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Assignee's request, be immediately reimbursed by XxxxxxxxAssignor. Such reimbursement shall include interest at the Default Rate (as such term is defined provided in the Mortgage)Note, costs, expenses and reasonable attorneys' fees. Assignee may, upon entry and taking of possession, collect the rents, income and profits Rents and apply them to reimbursement for any such loss or liability. The provisions of this Section 6 Paragraph 7 shall survive satisfaction repayment of the Obligations and any termination, ----------- satisfaction or foreclosure of this Assignment.

Indemnification of Assignee. Assignor hereby agrees to indemnify indemnify, --------------------------- defend, protect and hold Assignee harmless from and against any and all liability, loss loss, cost, expense or damage (including reasonable attorneys' fees) that Assignee may or might incur under the Leases or by reason of this AssignmentAssignment other than liability, loss, cost, expense, or damage incurred as a result of Assignee's gross negligence or willful misconduct. Such indemnification shall also cover any and all claims and demands that may be asserted against Assignee under the Leases or this Assignment. Nothing in this Section 6 paragraph shall be construed to bind Assignee to the performance of any lease Lease provisions, or to otherwise impose any liability upon Assignee Assignee, including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Lessee shall have been joined as party defendant in any action to foreclose the Mortgage and shall have been barred thereby of all right, title, interest, and equity of redemption in the Property or any part thereof; nor shall anything herein operate to place any obligation or liability for the control, care, management or repair of the Property upon Assignee or to make Assignee responsible or liable for any waste committed on the Property by the tenants or any other parties, or for any dangerous or defective condition of the Property, including, without limitation, the presence of any hazardous waste or substance, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee or stranger. This Assignment imposes no liability upon Assignee for the operation and maintenance of the Property or for carrying out the terms of any Lease before Assignee has entered and taken possession of the Property. Any loss or liability incurred by Assignee, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Assignee's request, be immediately reimbursed by XxxxxxxxAssignor. Such reimbursement shall include interest at the Default Rate (as such term is defined provided in the Mortgage)Note, costs, expenses and reasonable attorneys' fees. Assignee may, upon entry and taking of possession, collect the rents, income and profits Rents and apply them to reimbursement for any such loss or liability. The provisions of this Section 6 Paragraph 7 shall survive satisfaction repayment of the Obligations and any termination, ----------- satisfaction or foreclosure of this Assignment.