Common use of Indemnification; Subrogation; Waiver of Offset Clause in Contracts

Indemnification; Subrogation; Waiver of Offset. A. If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Trustor, then Trustor shall indemnify, defend and hold Beneficiary harmless from all liability by reason of said litigation, including reasonable attorneys’ fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary commences an action against Trustor to enforce any of the terms hereof or because of the breach by Trustor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor shall pay to Beneficiary reasonable attorneys’ fees and expenses, and the right to such attorneys’ fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor breaches any term of this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by Trustor, Trustor shall pay Beneficiary reasonable attorneys’ fees and expenses incurred by Beneficiary, whether or not an action is actually commenced against Trustor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary is made a party defendant to any litigation litigation, commenced by anyone other than Trustor, concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Trustor, except in cases of fraud, gross negligence or willful misconduct on the part of Beneficiary, then Trustor shall shall, to the extent permitted by law, indemnify, defend and hold Beneficiary harmless from and against all liability by reason of said litigationlitigation (including any appeals), including reasonable attorneys’ fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary commences an action against Trustor to enforce any of the terms hereof or because of the breach by Trustor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor shall pay to Beneficiary reasonable attorneys’ fees and expensesexpenses actually incurred (including Beneficiary’s attorney’s fees and costs associated with all appeals), and the right to such attorneys’ attorney’s fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor breaches any term of this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by Trustor, Trustor shall pay Beneficiary reasonable attorneys’ attorney’s fees and expenses incurred by BeneficiaryBeneficiary (including those associated with any appeal), whether or not an action is actually commenced against Trustor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary is Mortgagee or any Lenders are made a party defendant to any litigation concerning the Notes, this Deed Mortgage, the other Deeds of Trust or Trust, any of the Trust Estate Loan Documents, the Mortgaged Property or any part thereof or interest therein, or the occupancy thereof of the Mortgaged Property by TrustorMortgagor, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee and such Lenders harmless from all liability by reason of said litigation, including reasonable attorneys’ ' fees and expenses incurred by Beneficiary in Mortgagee and such Lenders as a result of any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary commences an action against Trustor However, Mortgagor will not be obligated to enforce indemnify, defend and hold Mortgagee and such Lenders harmless from any claims which arise solely out of the terms hereof gross negligence or because willful misconduct of the breach by Trustor of any of the terms hereof, Mortgagee or for the recovery of any sum secured hereby, Trustor shall pay to Beneficiary reasonable attorneys’ fees such Lenders. Mortgagee and expenses, and the right to such attorneys’ fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor breaches any term of this Deed of Trust, Beneficiary Lenders may employ an attorney or attorneys to protect its their rights hereunder, and in the event of such employment following any breach by TrustorMortgagor, Trustor Mortgagor shall pay Beneficiary Mortgagee and such Lenders reasonable attorneys’ ' fees and expenses incurred by Beneficiarythem, whether or not an action is actually commenced against Trustor Mortgagor by reason of its breach. This Section 1.7 will not apply to any matters covered by the Environmental Indemnity.

Indemnification; Subrogation; Waiver of Offset. A. If Beneficiary (a) That in the event Mortgagee is made a party defendant to any litigation concerning this Deed of Trust Mortgage or the Trust Estate Mortgaged Property or any part thereof or interest therein, or in the occupancy thereof by TrustorMortgagor or persons claiming through the Mortgagor, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee harmless from all liability by reason of said litigation, including reasonable attorneys’ ' fees and expenses incurred by Beneficiary Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary Mortgagee commences an action against Trustor Mortgagor to enforce any of the terms hereof or because of the breach by Trustor Mortgagor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor Mortgagor shall pay to Beneficiary reasonable Mortgagee attorneys’ ' fees and expenses, and the right to such attorneys’ ' fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor breaches any term an Event of Default occurs under this Deed of TrustMortgage, Beneficiary Mortgagee may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by TrustorEvent of Default, Trustor Mortgagor shall pay Beneficiary reasonable Mortgagee attorneys’ ' fees and all other expenses incurred by BeneficiaryMortgagee, whether or not an action is actually commenced against Trustor Mortgagor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If the Beneficiary is made a party defendant to any proceeding or litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Trustorthe Grantor, then Trustor the Grantor shall indemnify, defend and hold the Beneficiary and the Trustee harmless from all liability by reason of said such proceeding or litigation, including reasonable attorneys’ ' fees and expenses incurred by the Beneficiary or the Trustee in any such proceeding or litigation, whether or not any such proceeding or litigation is prosecuted to judgment. If the Beneficiary or the Trustee commences an action against Trustor the Grantor to enforce any of the terms hereof or because of the breach by Trustor the Grantor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor the Grantor shall pay to the Beneficiary reasonable or the Trustee, as the case may be, attorneys’ ' fees and expenses, and the . The right to such attorneys’ ' fees and expenses shall be deemed to have accrued on the commencement of such action, action and shall be enforceable whether or not such action is prosecuted to judgmentjudgment or otherwise completed. If Trustor the Grantor breaches any term of this Deed of Trust, the Beneficiary or the Trustee may employ an attorney or attorneys to protect its rights hereunder, and in . In the event of such employment following any breach by Trustorthe Grantor, Trustor the Grantor shall pay the Beneficiary reasonable or the Trustee, as the case may be, attorneys’ ' fees and expenses incurred by Beneficiarysuch party, whether or not an action is actually commenced against Trustor the Grantor by reason of such breach.

Indemnification; Subrogation; Waiver of Offset. A. If Beneficiary (a) That in the event Mortgagee is made a party defendant to any litigation concerning this Deed of Trust Mortgage or the Trust Estate Mortgaged Property or any part thereof or interest therein, or in the occupancy thereof by TrustorMortgagor or persons claiming through the Mortgagor, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee harmless from all liability by reason of said litigation, including reasonable attorneys’ ' fees and expenses incurred by Beneficiary Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary Mortgagee commences an action against Trustor Mortgagor to enforce any of the terms hereof or because of the breach by Trustor Mortgagor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor Mortgagor shall pay to Beneficiary Mortgagee reasonable attorneys’ ' fees and expenses, and the right to such reasonable attorneys’ ' fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor Mortgagor breaches any term of this Deed of TrustMortgage, Beneficiary Mortgagee may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by TrustorMortgagor, Trustor Mortgagor shall pay Beneficiary reasonable Mortgagee attorneys’ ' fees and all other expenses incurred by BeneficiaryMortgagee, whether or not an action is actually commenced against Trustor Mortgagor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary Mortgagee is made a party defendant to any litigation concerning this Deed of Trust Mortgage or the Trust Estate Premises or any part thereof or any interest therein, or the construction, operation or occupancy thereof by TrustorMortgagor, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee harmless from all liability by reason of said such litigation, including reasonable attorneys’ ' fees and expenses incurred by Beneficiary Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary Mortgagee commences an action against Trustor Mortgagor to enforce any of the terms hereof or because of the breach by Trustor Mortgagor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor Mortgagor shall pay to Beneficiary Mortgagee reasonable attorneys’ ' fees and expenses, and the right to such attorneys’ ' fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor Mortgagor breaches any term of this Deed of TrustMortgage, Beneficiary Mortgagee may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by TrustorMortgagor, Trustor Mortgagor shall pay Beneficiary reimburse Mortgagee for any reasonable attorneys’ ' fees and expenses incurred by Beneficiary, whether or not an action is actually commenced against Trustor Mortgagor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary is made a party defendant to any litigation litigation, commenced by anyone other than Trustor, concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Trustor, except in cases of fraud, gross negligence or willful misconduct on the part of Beneficiary, then Trustor shall shall, to the extent permitted by law, indemnify, defend and hold Beneficiary harmless from and against all liability by reason of said litigation, litigation (including any appeals) including reasonable attorneys’ fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgmentby judgement. If Beneficiary commences an action against Trustor to enforce any of the terms hereof or because of the breach by Trustor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor shall pay to Beneficiary reasonable attorneys’ fees and expensesexpenses actually incurred (including Beneficiary’s attorney’s fees and costs associated with all appeals), and the right to such attorneys’ attorney’s fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgmentjudgement. If It Trustor breaches any term of this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by Trustor, Trustor shall pay Beneficiary reasonable attorneys’ attorney’s fees and expenses incurred by BeneficiaryBeneficiary (including those associated with any appeal), whether or not an action is actually commenced against Trustor by reason of breach.

Indemnification; Subrogation; Waiver of Offset. A. If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by TrustorGrantor, then Trustor Grantor shall indemnify, defend defend, and hold Beneficiary harmless from all liability by reason of said litigation, including reasonable attorneys’ ' fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary commences an action against Trustor Grantor to enforce any of the terms hereof or because of the breach by Trustor Grantor of any of the terms hereof, hereof or for the recovery of any sum secured hereby, Trustor Grantor shall pay to Beneficiary reasonable attorneys’ ' fees and expenses, and the right to such attorneys’ fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor Grantor breaches any term of this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunderhereunder and, and in the event of such employment following any breach by TrustorXxxxxxx, Trustor Grantor shall pay Beneficiary reasonable Beneficiary's attorneys’ ' fees and expenses incurred by Beneficiary, whether or not an action is actually commenced against Trustor Grantor by reason of such breach.

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary Mortgagee is made a party defendant to any litigation concerning this Deed of Trust Mortgage or the Trust Estate Property or any part thereof or interest therein, or the occupancy thereof by TrustorMortgagor, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee harmless from all liability by reason of said litigation, including reasonable attorneys’ fees and expenses incurred by Beneficiary Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary Mortgagee commences an action against Trustor Mortgagor to enforce any of the terms hereof or because of the breach by Trustor Mortgagor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor Mortgagor shall pay to Beneficiary Mortgagee, Mortgagee’s reasonable attorneys’ fees and expenses, and the right to such attorneys’ fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Trustor Mortgagor breaches any term of this Deed of TrustMortgage, Beneficiary Mortgagee may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by TrustorMortgagor, Trustor Mortgagor shall pay Beneficiary Mortgagee reasonable attorneys’ fees and expenses incurred by BeneficiaryMortgagee, whether or not an action is actually commenced against Trustor Mortgagor by reason of breach.;

Indemnification; Subrogation; Waiver of Offset. A. (a) If Beneficiary is Mortgagee, its officers, employees, agents, or representatives, are made a party defendant to any litigation concerning this Deed of Trust the Mortgage or the Trust Estate Mortgaged Property or any part thereof or interest therein, or the construction, operation, or occupancy thereof by TrustorMortgagor or others, then Trustor Mortgagor shall indemnify, defend and hold Beneficiary Mortgagee, its officers, directors, employees, agents, or representatives, harmless from all liability by reason of said litigation, including reasonable attorneys’ ' fees, appraisers' fees and expenses incurred by Beneficiary Mortgagee, its officers, directors, employees, agents, or representatives, in any such litigation, whether or not any such litigation is prosecuted to judgment. If Beneficiary Mortgagee commences an action against Trustor Mortgagor to enforce any of the terms hereof or because of the breach by Trustor Mortgagor of any of the terms hereof, or for the recovery of any sum secured hereby, Trustor Mortgagor shall pay to Beneficiary Mortgagee reasonable attorneys’ ' fees and expenses, expenses and the right to such attorneys’ ' fees, appraisers' fees and expenses shall be deemed to have accrued on the commencement of such action, action and shall be enforceable enforceable, whether or not such action is prosecuted to judgment. If Trustor breaches any term of this Deed of Trust, Beneficiary may employ an attorney or attorneys to protect its rights hereunder, and in the event of such employment following any breach by Trustor, Trustor shall pay Beneficiary reasonable attorneys’ fees and expenses incurred by Beneficiary, whether or not an action is actually commenced against Trustor by reason of breach.