Indemnification, Suspension Clause Samples

Indemnification, Suspension. In the event that the Lessor fails to fulfill any of its responsibilities under this Agreement or any Lease Agreement or any Lease Supplement: (a) the Lessor shall be liable to Ex-Im Bank for all of the actual damages suffered by, or costs incurred by, Ex-Im Bank as a result thereof and shall indemnify Ex-Im Bank for such actual damages and costs. The Lessor shall not be liable for incidental or consequential damages. The coverage of this Agreement with respect to any interest in a Lease Agreement or Lease Supplement held by the Lessor in its capacity as an Interestholder shall not be affected by any such failure, and such failure shall not impair the rights of any other Interestholder under this Agreement. Ex-Im Bank may enforce its rights under this Section 9.07, and pursue all remedies available with respect thereto, in any court of competent jurisdiction. Notwithstanding anything to the contrary contained herein, the agreements set forth in this Section 9.07 shall survive the termination of this Agreement and the payment of all or any portion of a Guaranteed Amount; and (b) Ex-Im Bank may, by written notice to the Lessor, suspend the Lessor from concluding Transactions under this Agreement; provided that such suspension shall not affect any Transaction with respect to which Ex-Im Bank has issued an Ex-Im Bank Approval.