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 Loans 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.
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. 7.1 Asset to Be Conveyed Free of Liabilities or Encumbrances 7.2 Indemnification of Assignee 7.3 Indemnification of Assignor
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 Loans 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.
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. Customer shall indemnify, defend and hold harmless the Company, and its officers, subsidiaries, subcontractors, agents, directors, and assigns, if any, from and against, or with respect to, any claim, judgment, suit, action, liabilities or damages arising out of, or in connection with, the use, possession, or resale of the Product or Products purchased from the Company. Customer assumes all loss and liability in connection with the use, possession or resale of the Product(s) purchased from the Company.
Indemnification; Risk of Loss. 27 Section 10.1
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. 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 only to the extent such claim, demand, liability and/or expense is caused by Developer and/or its contractors, subcontractors, agents and 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, agents, employees, representatives, parents, subsidiaries, affiliates, consultants, insurers and/or sureties, and/or any other 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.
