Common use of Indemnify the Lender Clause in Contracts

Indemnify the Lender. Borrower shall indemnify and hold the Lender, its elected and appointed officials and any employees, harmless from all claims and causes of actions of any person or entity which results in damages or injury incurred by the Lender of whatsoever nature (excluding any consequential or incidental damages or damages, claims or causes of action due to the Lender's negligence or the Lender's breach of this Loan Agreement), caused by any acts or omissions of Borrower and arising out of or in any way connected with this Loan Agreement, the Project Site and or the development of the Project or arising out of Borrower's breach of the provisions of this Loan Agreement, including the cost and defense thereof using counsel approved by the Lender. Notwithstanding anything contained herein to the contrary, the foregoing indemnification given by Borrower to the Lender shall not be effective or enforceable against Borrower unless the Lender gives Borrower written notice of any such claims or causes of action of said person or entity made against the Lender within ten (10) working days of the Lender's knowledge of such claims or causes of action, and the Lender does not commence or enter into any settlements or negotiations of settlement with any person or entity relating to the matters covered by Borrower's indemnification without Borrower's prior written consent. If Borrower fails to defend or perform its obligations under this indemnification within twenty (20) days after written request by the Lender, the Lender may settle, commence, or defend any action or proceeding purporting to affect the rights, duties or liabilities of the Lender, the parties to the Loan Document, or the Project Site or the Project and Borrower shall pay all of the Lender's costs and expense incurred thereby on demand. This section shall survive execution, delivery and performance of the Loan Documents.

Indemnify the Lender. Borrower shall indemnify and hold the Lender, its elected and appointed officials and any employeesemployees thereof, harmless from all claims and causes of actions of any person or entity which results in damages or injury incurred by the Lender of whatsoever nature (excluding any consequential or incidental damages or damages, claims or causes of action actions due to the Lender's negligence or the Lender's breach of this Loan Agreement), ) caused by any acts or omissions of Borrower and arising out of or in any way connected with this Loan Agreement, the Project Site and or the development of the Project or arising out of Borrower's breach of the provisions of this Loan Agreement, including the cost and defense thereof using counsel approved by the Lender. Notwithstanding anything contained herein to the contrary, the foregoing indemnification given by Borrower to the Lender shall not be effective or enforceable against Borrower unless the Lender gives Borrower written notice of any such claims or causes of action actions of said person or entity made against the Lender within ten (10) working days of the Lender's knowledge of such claims or causes of actionactions, and the Lender does not commence or enter into any settlements or negotiations of settlement with any person or entity relating to the matters covered by Borrower's indemnification without Borrower's prior written consent. If Borrower fails to defend or perform its obligations under this indemnification within twenty thirty (2030) days after written request by the Lender, the Lender may settle, commence, or defend any action or proceeding purporting to affect the rights, duties or liabilities of the Lender, the parties to the Loan DocumentDocuments, or the Project Site or the Project and Borrower shall pay all of the Lender's costs and expense expenses incurred thereby on demand. This section shall survive execution, delivery and performance of the Loan Documents.

Indemnify the Lender. Borrower shall indemnify and hold the Lender, its elected and appointed officials and any employees, harmless from all claims and causes of actions of any person or entity which results in damages or injury incurred by the Lender of whatsoever nature (excluding any consequential or incidental damages or damages, claims or causes of action due to the Lender's negligence or the Lender's breach of this Loan Agreement), caused by any acts or omissions of Borrower and arising out of or in any way connected with this Loan Agreement, the Project Site and or the development of the Project or arising out of Borrower's breach of the provisions of this Loan Agreement, including the cost and defense thereof using counsel approved by the Lender, which such approval shall not be unreasonably withheld. Notwithstanding anything contained herein to the contrary, the foregoing indemnification given by Borrower to the Lender shall not be effective or enforceable against Borrower unless the Lender gives Borrower written notice of any such claims or causes of action of said person or entity made against the Lender within ten (10) working days of the Lender's knowledge of such claims or causes of action, and the Lender does not commence or enter into any settlements or negotiations of settlement with any person or entity relating to the matters covered by Borrower's indemnification without Borrower's prior written consent. If Borrower fails to defend or perform commence performance of its obligations under this indemnification within twenty (20) days after written request by the Lender, the Lender may settle, commence, or defend any action or proceeding purporting to affect the rights, duties or liabilities of the Lender, the parties to the Loan Document, or the Project Site or the Project and Borrower shall pay all of the Lender's costs and expense incurred thereby on demand. This section shall survive execution, delivery and performance of the Loan Documents.