Common use of Indemnification of Attorneys Fees and out Clause in Contracts

Indemnification of Attorneys Fees and out. −of−pocket costs. Should any Party materially breach this Agreement, the non−breaching Party shall be indemnified by the breaching Party for its reasonable attorneys fees and out−of−pocket costs which in any way relate to, or were precipitated by, the breach hereof. The term “out−of−pocket costs”, as used herein, shall not include lost profits. A default by BORROWER which is not cured within fifteen (15) days after receiving a written notice of default from LENDER constitutes a material breach of this Agreement by BORROWER.

Appears in 3 contracts

Samples: Fourth Loan Agreement and Promissory Note (We Save Homes, Inc.), Fifth Loan Agreement and Promissory Note (We Save Homes, Inc.), Fourth Loan Agreement and Promissory Note (We Save Homes, Inc.)

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Indemnification of Attorneys Fees and out. −of−pocket costs. Should any Party party materially breach this Agreementagreement, the non−breaching Party party shall be indemnified by the breaching Party party for its reasonable attorneys fees and out−of−pocket costs which in any way relate to, or were precipitated by, the breach hereofof this agreement. The term “out−of−pocket costs”, as used herein, shall not include lost profits. A default by BORROWER Borrower which is not cured within fifteen (15) 5 days after receiving a written notice of default from LENDER Lender constitutes a material breach of this Agreement agreement by BORROWERBorrower.

Appears in 1 contract

Samples: Loan Agreement and Promissory Note (Sylios Corp)

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