Indemnification; Risk of Loss Sample Clauses

Indemnification; Risk of Loss. In any suit, proceeding or action brought by or against the Lender relating to the Collateral, the Borrower will defend, indemnify and keep the Lender harmless from and against all expense, loss or damage (including reasonable attorneys’ fees) suffered by reason of any defense, set-off, counterclaim, recoupment or reduction of liability whatsoever of account debtor or other obligor of the Borrower. The foregoing obligation of the Borrower to indemnify the Lender shall survive the payment of the Loan and the termination of this Agreement, but shall not extend to any suit, proceeding or action arising out of the Lender’s gross negligence or willful misconduct. In addition, the risk of any loss or damage associated with the Collateral, including without limitation, any Collateral in the possession of Lender shall be borne by the Borrower; provided, that Lender shall be responsible for any loss resulting from Lender’s gross negligence or willful misconduct. In the event that Lender is in possession of Collateral, (a) Borrower shall be liable to Lender and shall pay to Lender, upon demand, all reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use or operation of the Collateral, and all such expenses shall be secured by the Collateral; and (b) Lender may use and operate the Collateral, as determined in its sole and absolute discretion, (i) to preserve the Collateral or its value, (ii) as permitted by an order of a court having competent jurisdiction, or (iii) as otherwise set forth herein or as previously or hereafter agreed to by Borrower. Notwithstanding anything in this Agreement to the contrary, Lender shall have no duty and be under no obligation to collect any income accruing on the Collateral or to preserve any rights relating to the Collateral.
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Indemnification; Risk of Loss. Developer shall indemnify and hold Company harmless for, from and against any and all claims, demands and other liabilities and expenses (including attorneys’ fees and other costs of litigation) arising out of or otherwise relating to Developer’s failure to comply with any of the terms and conditions contained herein, including (without limitation) Company’s refusal to serve any unit within the Development based on Developer’s failure to pay all amounts required hereunder in a timely manner. Developer’s duty to indemnify Company shall extend to all construction activities undertaken by Developer, its contractors, subcontractors, agents, and employees hereunder.
Indemnification; Risk of Loss. Developer shall indemnify and hold Company harmless for, from and against any and all claims, demands and other liabilities and expenses (including attorneys’ fees and other costs of litigation) arising out of or otherwise relating to Developer’s failure to comply with any of the terms and conditions contained herein, including (without limitation) Company’s refusal to serve any unit within the Development based on Developer’s failure to pay all amounts required hereunder in a timely manner. Developer’s duty to indemnify Company shall extend to all construction activities undertaken by Developer, its contractors, subcontractors, agents, and employees hereunder. Developer’s duty to indemnify shall not apply to the extent any claims, demands and/or other liabilities and expenses are caused by Company’s negligent or intentional actions or inaction. Company shall indemnify and hold Developer harmless for, from and against any and all claims, demands and other liabilities and expenses (including attorneys’ fees and other costs of litigation) arising out of or otherwise relating to Company’s failure to comply with any of the terms and conditions contained herein. Company’s duty to indemnify Developer shall extend to all construction activities undertaken by Company, its contractors, subcontractors, agents, and employees hereunder. Company’s duty to 20060939440 indemnify shall not apply to the extent any claims, demands and/or other liabilities and expenses are caused by Developer’s negligent or intentional actions or inaction. This indemnity clause shall not apply to the extent such claim, demand, liability and/or expense is attributable to any third party.
Indemnification; Risk of Loss. Developer shall indemnify and hold Company harmless for, from and against any and all claims, demands and other liabilities and expenses (including attorneys’ fees and other costs of litigation) arising out of or otherwise relating to construction of the facilities under this Agreement. Developer’s duty to indemnify Company shall extend to all construction activities undertaken by Developer, its contractors, subcontractors, agents, and employees hereunder. This indemnity clause shall apply solely and exclusively to the extent that such claim, demand, liability and/or expense is caused by Developer and/or its contractors, subcontractors, agents and/or employees. This indemnity clause shall not apply to the extent such claim, demand, liability and/or expense is caused by Company, Global Water Resources, LLC and/or their respective agents, partners, members, directors, principals, officers, employees, representatives, parents, subsidiaries, affiliates, consultants, insurers and/or sureties, and/or any other third party.
Indemnification; Risk of Loss. 19.1. To the fullest extent permitted by Applicable Law, Service Provider shall defend, indemnify and hold harmless each of the Company Indemnified Parties from and against all losses, claims, liens, damages, liabilities, costs, expenses, fees, fines, penalties, actions, suits, judgments, awards or proceedings and reasonable expenses (including reasonable legal fees) (collectively, “Losses”) to which such Company Indemnified Parties may become subject, to the extent such Losses arise out of or result from: 19.1.1. a third-party claim for personal injury or property damage caused by the negligence or willful misconduct of any Service Provider Indemnified Party; 19.1.2. bodily injury to or death of any individual who is a Service Provider Indemnified Party at or in connection with the Facility or in connection with the performance of the Services, including but not limited to injury or death arising out of, caused by, or resulting from the negligence, gross negligence, willful misconduct, or recklessness of any of the Company Indemnified Parties; 19.1.3. loss of, damage to or destruction of the Facility caused by the gross negligence or willful misconduct of any Service Provider Indemnified Party; 19.1.4. except for any liability described in Section 19.1(b), any liability with respect to the employees of any Service Provider Indemnified Party arising out of or attributable to acts or omissions of any Service Provider Indemnified Party, including (but not limited to) any liability arising out of or attributable to Applicable Laws governing the employment or workplace of such individuals, including any employment- or workplace-related claims by such employees and Subcontractors against any Company Indemnified Party; 19.1.5. any failure by any Service Provider Indemnified Party to comply with any Applicable Law; 19.1.6. any release of hazardous waste due to the negligence, gross negligence, or willful misconduct of any Service Provider Indemnified Party; and 19.1.7. subject to the Company’s compliance with its payment and funding obligations hereunder, any liens or encumbrances which attach to the Facility due to the actions of any Service Provider Indemnified Party. Notwithstanding anything in this Section 19.1 to the contrary, the Service Provider shall not have any obligation to indemnify any Company Indemnified Party for Losses to the extent such Losses are caused by (i) any supplier or other contractor of Company, unless such supplier or other contractor ...
Indemnification; Risk of Loss. 27 Section 10.1
Indemnification; Risk of Loss. 41 23.1 Tenant's Indemnification...................................41 23.2 Landlord's Indemnification of Tenant.......................42 23.3 Mechanics of Indemnification...............................42 23.4 Survival of Indemnification Obligations....................42 23.5 Risk of Loss...............................................42
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Indemnification; Risk of Loss. 44 23.1 Subtenant's Indemnification..................................... 44 23.2 Sublandlord's Indemnification of Subtenant...................... 45 23.3
Indemnification; Risk of Loss. 47 23.1 Tenant's Indemnification of Landlord........................... 47 23.2 Landlord's Indemnification of Tenant........................... 48 23.3
Indemnification; Risk of Loss. 7.1 Asset to Be Conveyed Free of Liabilities or Encumbrances 7.2 Indemnification of Assignee 7.3 Indemnification of Assignor
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