Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this Mortgage, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.
Indemnification; Subrogation. (a) Mortgagor shall indemnify, defend and hold Mortgagee harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the secured indebtedness, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Mortgagee's reasonable attorneys' fees, together with reasonable appellate counsel fees, if any) of whatever kind or nature which may be asserted against, imposed on or incurred by Mortgagee in connection with the secured indebtedness, this Mortgage, the Property, or any part thereof, or the exercise by Mortgagee of any rights or remedies granted to it under this Mortgage; provided, however, that nothing herein shall be construed to obligate Mortgagor to indemnify, defend and hold harmless Mortgagee from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Mortgagee by reason of Mortgagee's willful misconduct or gross negligence.
Indemnification; Subrogation. (A) GRANTOR SHALL INDEMNIFY, DEFEND AND HOLD BENEFICIARY HARMLESS AGAINST: (I) ANY AND ALL CLAIMS FOR BROKERAGE, LEASING, FINDER'S OR SIMILAR FEES WHICH MAY BE MADE RELATING TO THE PROPERTY OR THE SECURED INDEBTEDNESS, (II) ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, CLAIMS, ACTIONS, SUITS, LIENS, CHARGES, ENCUMBRANCES, COSTS AND EXPENSES (INCLUDING BENEFICIARY'S ATTORNEYS' FEES, TOGETHER WITH REASONABLE APPELLATE COUNSEL FEES, IF ANY) OF WHATEVER KIND OR NATURE WHICH MAY BE ASSERTED AGAINST, IMPOSED ON OR INCURRED BY BENEFICIARY UNDER ANY LEASE OR OCCUPANCY AGREEMENT, FOR ANY LOSS ARISING FROM A FAILURE OR INABILITY TO COLLECT RENTS AND PROFITS OR IN CONNECTION WITH THE SECURED INDEBTEDNESS, THIS DEED OF TRUST, THE PROPERTY, OR ANY PART THEREOF, OR THE EXERCISE BY BENEFICIARY OF ANY RIGHTS OR REMEDIES GRANTED TO IT UNDER THIS DEED OF TRUST, AND ANY DEFAULT UNDER THIS DEED OF TRUST, (III) ANY LIENS (WHETHER JUDGMENTS, MECHANICS', MATERIALMEN'S OR OTHERWISE), CHARGES AND ENCUMBRANCES FILED AGAINST THE PROPERTY, AND (IV) ANY CLAIMS AND DEMANDS FOR DAMAGES OR INJURY, INCLUDING CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR WRONGFUL DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCIDENT OR FIRE OR OTHER CASUALTY ON THE REAL ESTATE OR THE IMPROVEMENTS OR ANY NUISANCE OR TRESPASS MADE OR SUFFERED THEREON, INCLUDING, IN ANY CASE, ATTORNEYS' FEES, COSTS AND EXPENSES AS AFORESAID, WHETHER AT PRETRIAL, TRIAL OR APPELLATE LEVEL FOR ANY CIVIL, CRIMINAL OR ADMINISTRATIVE PROCEEDINGS. SHOULD BENEFICIARY INCUR ANY LIABILITY UNDER THIS DEED OF TRUST OR ANY OF THE OTHER LOAN DOCUMENTS, THE AMOUNT THEREOF, INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES, TOGETHER WITH INTEREST THEREON AT THE DEFAULT INTEREST RATE FROM THE DATE INCURRED BY BENEFICIARY UNTIL ACTUALLY PAID BY GRANTOR, SHALL BE IMMEDIATELY DUE AND PAYABLE TO BENEFICIARY BY GRANTOR ON DEMAND AND SHALL BE SECURED HEREBY AND BY ALL OF THE OTHER LOAN DOCUMENTS SECURING ALL OR ANY PART OF THE INDEBTEDNESS EVIDENCED BY THE NOTE. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO OBLIGATE GRANTOR TO INDEMNIFY, DEFEND AND HOLD HARMLESS BENEFICIARY FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, CLAIMS, ACTIONS, SUITS, COSTS AND EXPENSES ENACTED AGAINST, IMPOSED ON OR INCURRED BY BENEFICIARY BY REASON OF BENEFICIARY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS INDEMNITY SHALL SURVIVE PAYMENT IN FULL OF THE INDEBTEDNESS SECURED HEREBY.
Indemnification; Subrogation. Renter agrees, for itself, and to have its insurer waive any right of subrogation of any claim of Renter against Owner, its employees, or agents. Renter agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Renter’s Personal Property however occurring, or arising out of or related to any breach of this Rental Agreement by Renter, Renter’s invitees or guests. Renter shall also pay Owner for all of Owner’s attorney fees incurred in enforcing any obligation under this Provision.
Indemnification; Subrogation. Xxxxxxxx agrees to have Xxxxxxxx's insurer waive any right of subrogation of any claim of Occupant against Owner, Owner's employees, or agents. Occupant agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing losses to Personal Property, or damages to Occupant's Personal Property however occurring, or arising out of or related to any breach of this Rental Agreement by Occupant, Occupant's invitees, or guests or arising from the use of the Leased Space or Facility by Occupant, Occupant's invitees or guests. Occupant's obligation to indemnify Owner specifically applies to any violation by Occupant of the Owner's environmental conditions and restrictions resulting in damages caused by Occupant, its invitees or guests, regardless of any negligence on the part of Occupant.
Indemnification; Subrogation. Renter agrees to have its insurer waive any right of subrogation of any claim of Renter against Owner, its employees, or agents. Renter agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Renter’s Personal Property however occurring, or arising out of or related to the use of the Rented Space and Facility by Renter, Renter’s invitees, and guests or any breach of this Rental Agreement by Renter, Renter’s invitees, or guests. Renter shall also pay Owner for all of Owner’s attorney fees incurred in enforcing any obligation under this Provision #17. Renter’s obligation to indemnify Owner specifically applies to any violation by Renter of the Owner’s environmental conditions and restrictions resulting in damages caused by Renter, its invitees or guests, regardless of any negligence on the part of Renter.
Indemnification; Subrogation. You agree, for Yourself, and to have Your insurer waive any right of subrogation of any claim You have against Us, Our employees, or agents. You agree to indemnify, defend and hold Us harmless from any and all losses, claims, demands, damages, liabilities, expenses, fines, or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or personal property, or damages to Your personal property however occurring, or arising out of or related to any breach of this Lease Agreement by You, Your invitees or guests. You shall also pay Us for all of Our attorney fees incurred in enforcing any obligation under this Provision.
Indemnification; Subrogation waiver of offset. Mortgagor hereby covenants and agrees to the following conditions:
Indemnification; Subrogation. 17.1(a) The Seller shall at all times prior to the Closing Date protect and hold the Purchaser and any director, member, officer, employee, servant or agent thereof and persons under the Purchaser's control or supervision (collectively, the "Purchaser's Indemnified Parties" and each a "Purchaser Indemnified Party") harmless of, from and against any and all claims (whether in tort, contract or otherwise), demands, expenses and liabilities for losses, damage, injury and liability of every kind and nature and however caused, and taxes (of any kind and by whomsoever imposed), resulting from, arising out of or in any way related to the breach by Seller of its representations and warranties set forth in this Agreement, other than, with respect to each Purchaser Indemnified Party, losses arising from the gross negligence or willful misconduct of such Purchaser Indemnified Party. The Purchaser's Indemnified Parties, jointly or severally, shall not be liable for any damage or injury to the person or property of the Seller or its respective directors, officers, partners, employees, agents or servants or persons under the control or supervision of the Seller or any other Person who may be about the Premises, due to any breach by Seller of its representations and warranties set forth herein, other than, with respect to any Purchaser Indemnified Party, the gross negligence or willful misconduct of such Purchaser Indemnified Party. Each Purchaser Indemnified Party, as the case may be, shall promptly notify the Seller in writing of any claim or action brought against such Purchaser Indemnified Party in which indemnity may be sought against the Purchaser pursuant to this Section; such notice shall be given in sufficient time to allow the Purchaser to defend or participate in such claim or action, but the failure to give such notice in sufficient time shall not constitute a defense hereunder nor in any way impair the obligations of the Seller under this Section.
Indemnification; Subrogation. 41 Section 11.1
