Common use of Indemnification of Lender Clause in Contracts

Indemnification of Lender. Borrower hereby agrees to indemnify and hold Lender harmless from any and all Losses that Lender may incur under the Leases or by reason of this Assignment, except for Losses incurred as a direct result of Lender's willful misconduct or gross negligence. Nothing in this Assignment shall be construed to bind Lender to the performance of any Lease Provisions or to otherwise impose any liability on Lender including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Tenant shall have been joined as party defendant in any action to foreclose the Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the premises. This Assignment imposes no liability upon Lender for the operation and maintenance of the Property or for carrying out the terms of any Lease before Lender has entered and taken actual possession and complete control of all operations of the Property. Any Losses incurred by Lender, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Lender's request, be reimbursed by Borrower. Such reimbursement shall include interest at the Default Rate and Costs. Lender may, upon entry and taking of possession, collect the Rents and apply them to reimbursement for any such items.

Indemnification of Lender. Borrower Xxxxxxxx hereby agrees to indemnify and hold Lender Xxxxxx harmless from any and all Losses that Lender Xxxxxx may incur under the Leases or by reason of this Assignment, except for Losses incurred as a direct result of Lender's Xxxxxx’s willful misconduct or gross negligence. Nothing in this Assignment shall be construed to bind Lender to the performance of any Lease Provisions of the terms of the Leases or to otherwise impose any liability on Lender including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Tenant shall have been joined as party defendant in any action to foreclose the Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the premises. This Assignment imposes no liability upon Lender for the operation and maintenance of the Property or for carrying out the terms of any Lease before Lender has entered and taken actual possession and complete control of all operations of the Property. Any Losses incurred by LenderXxxxxx, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Lender's Xxxxxx’s request, be reimbursed by BorrowerXxxxxxxx. Such reimbursement shall include interest at the Default Rate from the date of demand by Xxxxxx and Costsany and all Costs incurred by Xxxxxx. Lender may, upon entry and taking of possession, collect the Rents and apply them to reimbursement for any such items.

Indemnification of Lender. Borrower hereby agrees to indemnify indemnify, defend, protect and hold Lender harmless from and against any and all Losses liability, loss, cost, expense or damage (including reasonable attorney fees) that Lender may or might incur under the Leases or by reason of this Assignment, except for Losses incurred as a direct result of Lender's willful misconduct . Such indemnification shall also cover any and all claims and demands that may be asserted against Lender under the Leases or gross negligencethis Assignment. Nothing in this Assignment section shall be construed to bind Lender to the performance of any Lease Provisions provisions, or to otherwise impose any liability on Lender upon Lender, including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Tenant Lessee shall have been joined as party defendant in any action to foreclose the Security Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the premisesProperty. This Assignment imposes no liability upon Lender for the operation and maintenance of the Property or for carrying out the terms of any Lease before Lender has entered and taken actual possession and complete control of all operations of the Property. Any Losses loss or liability incurred by Lender, Lender by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Lender's ’s request, be immediately reimbursed by Borrower. Such reimbursement shall include interest at the Default Rate provided in the Note, costs, expenses and Costsreasonable attorney fees. Lender may, upon entry and taking of possession, collect the Rents and apply them to reimbursement for any such itemsloss or liability. The provisions of this Section 9 shall survive repayment of the Obligations and any termination or satisfaction of this Assignment.

Indemnification of Lender. Borrower hereby agrees to indemnify and hold Lender harmless from any and all Losses that Lender may incur under the Leases or by reason of this Assignment, except for Losses incurred as a direct result of Lender's willful misconduct or gross negligence. Nothing in this Assignment shall be construed to bind Lender to the performance of any Lease Provisions provisions or to otherwise impose any liability on Lender including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Tenant shall have been joined as party defendant in any action to foreclose the Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the premises. This Assignment imposes no liability upon Lender for the operation and maintenance of the Property or for carrying out the terms of any Lease before Lender has entered and taken actual possession and complete control of all operations of the Property. Any Losses incurred by Lender, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Lender's request, be reimbursed by Borrower. Such reimbursement shall include interest at the Default Rate and Costs. Lender may, upon entry and taking of possession, collect the Rents and apply them to reimbursement for any such items.

Indemnification of Lender. Borrower hereby Boxxxxxx xereby agrees to indemnify and hold Lender harmless Lexxxx xarmless from any and all Losses that Lender may Lexxxx xay incur under the Leases or by reason of this Assignment, except for Losses incurred as a direct result of Lender's Lexxxx’s willful misconduct or gross negligence. Nothing in this Assignment shall be construed to bind Lender to the performance of any Lease Provisions of the terms of the Leases or to otherwise impose any liability on Lender including, without limitation, any liability under covenants of quiet enjoyment in the Leases in the event that any Tenant shall have been joined as party defendant in any action to foreclose the Instrument and shall have been barred thereby of all right, title, interest, and equity of redemption in the premises. This Assignment imposes no liability upon Lender for the operation and maintenance of the Property or for carrying out the terms of any Lease before Lender has entered and taken actual possession and complete control of all operations of the Property. Any Losses incurred by LenderLexxxx, by reason of actual entry and taking possession under any Lease or this Assignment or in the defense of any claims shall, at Lender's Lexxxx’s request, be reimbursed by Borrower. Such reimbursement shall include interest at the Default Rate from the date of demand by Lexxxx xnd any and Costsall Costs incurred by Lender. Lender may, upon entry and taking of possession, collect the Rents and apply them to reimbursement for any such items.