Common use of Indemnities by the Collateral Manager Clause in Contracts

Indemnities by the Collateral Manager. a. Without limiting any other rights that any such Person may have hereunder or under Applicable Law, the Collateral Manager hereby agrees to indemnify each Indemnified Party, forthwith on demand, from and against any and all Indemnified Amounts (except to the extent resulting from gross negligence or willful misconduct on the part of such Indemnified Party as determined by a court of competent jurisdiction in a final non-appealable judgment) awarded against or incurred by any such Indemnified Party by reason of the Collateral Manager’s gross negligence or willful misconduct in the performance or failure to perform any of its obligations under this Agreement, as determined by a court of competent jurisdiction in a final non-appealable judgment. The provisions of this indemnity shall run directly to and be enforceable by an injured party subject to the limitations hereof.

Indemnities by the Collateral Manager. a. (a) Without limiting any other rights that any such Person may have hereunder or under Applicable Law, the Collateral Manager hereby agrees to indemnify each Indemnified Party, forthwith on demand, from and against any and all Indemnified Amounts (except to the extent resulting from gross negligence or willful misconduct on the part of such Indemnified Party as determined by a court of competent jurisdiction in a final non-appealable judgment) awarded against or incurred by any such Indemnified Party by reason of the Collateral Manager’s gross negligence or willful misconduct in the performance or failure to perform any of its obligations under this Agreement, as determined by a court of competent jurisdiction in a final non-appealable judgment. The provisions of this indemnity shall run directly to and be enforceable by an injured party subject to the limitations hereof.