Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against all liability and expenses that he may incur in the performance of his duties hereunder except for gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp), Deed of Trust (Day International Group Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify Borrower hereby indemnifies Trustee against all liability and expenses that which he may incur in the performance of his duties hereunder hereunder, except for those arising from Trustee’s gross negligence or willful misconduct.
Appears in 4 contracts
Samples: Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Leasehold Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)
Indemnification of Trustee. Except for gross negligence or and willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shallshall be held in trust, but need not be segregated (except to the extent required by law), until used or applied as herein provided, be held provided in trust, and this Deed of Trust. Trustee shall not be liable for interest thereonon the money. Grantor Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses that he which Trustee may incur in the performance of his duties hereunder except for gross negligence or willful misconductits duties.
Appears in 4 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Deed of Trust, Security Agreement and Fixture Filing (Maguire Properties Inc), Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify Xxxxxxx hereby indemnifies Trustee against all liability and expenses that he may incur in the performance of his duties hereunder except for gross negligence or willful misconducthereunder.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Second Deed of Trust, Security Agreement and Fixture Filing (Industrial Income Trust Inc.)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify hereby indemnifies Trustee against all liability and expenses that expenses, which he may incur in the performance of his duties hereunder except for gross negligence or willful misconducthereunder.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Highland Hospitality Corp)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify hereby indemnifies Trustee against all liability and expenses that which he may incur in the performance of his duties hereunder except for gross negligence or willful misconducthereunder.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement (Hispanic Television Network Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, . Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against all liability and expenses that he it may incur in the performance of his its duties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against all liability and expenses that he it may incur in the performance of his its duties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit Agreement (Health Management Associates Inc)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify hereby indemnifies Trustee against all liability and expenses that which he may incur in the performance of his duties hereunder except (other than for the gross negligence or willful misconductmisconduct of Trustee).
Appears in 1 contract
Samples: Deed of Trust (Newmark Homes Corp)
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against all liability and expenses that he may incur in the performance of his duties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustor hereby indemnifies Trustee against all liability and expenses that expenses, which he may incur in the performance of his duties hereunder except for gross negligence or willful misconducthereunder.
Appears in 1 contract
Indemnification of Trustee. Except for gross negligence or willful misconduct, Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed by him in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, and Trustee shall not be liable for interest thereon. Grantor shall indemnify Trustee against all liability and expenses that he may incur in the performance of his duties hereunder except for gross negligence or willful misconduct.
Appears in 1 contract
