Indemnity and Guaranty. Indemnitor hereby assumes liability for, hereby guarantees payment to Lender of, hereby agrees to pay, protect, defend and save Lender harmless from and against, and hereby indemnifies Lender from and against any and all liabilities, obligations, losses, damages, costs and expenses (including, without limitation, attorneys’ fees), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, “Costs”) which may at any time be imposed upon, incurred by or awarded against Lender as a result of:
Indemnity and Guaranty. Indemnitor hereby assumes liability for, hereby guarantees payment to Lender of, hereby agrees to pay, protect, defend and save Lender harmless from and against, and hereby indemnifies Lender from and against any and all liabilities, obligations, losses, damages, costs and expenses (including, without limitation, attorneys’ fees (which attorneys’ fees shall include but not be limited to appellate fees and fees for all paralegals, legal assistants and other paraprofessionals)), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, “Costs”) which may at any time be imposed upon, incurred by or awarded against Lender as a result of any of the Guaranteed Recourse Obligations of Borrower (hereinafter defined). As used herein, the term “Guaranteed Recourse Obligations of Borrower” shall mean all obligations and liabilities of Borrower for which Borrower shall be personally liable pursuant to Section 3 of the Note, together with all costs and expenses, including reasonable fees and out of pocket expenses of attorneys (including but not limited to appellate fees and fees for all paralegals, legal assistants and other paraprofessionals) and expert witnesses, incurred by Lender in enforcing its rights under this Agreement. This is a guaranty of payment and performance and not of collection. The liability of Indemnitor under this Agreement shall be direct and immediate and not conditional or contingent upon the genuineness, validity or enforceability of the Note, the Security Instrument, or any other Loan Document, or the pursuit of any remedies against Borrower or any other person (including, without limitation, other guarantors, if any), nor against the collateral for the Loan. Indemnitor waives any right to require that an action be brought against Borrower or any other person or to require that resort be had to any collateral for the Loan or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other person. In the event, on account of the Bankruptcy Reform Act of 1978, as amended, or any other debtor relief law (whether statutory, common law, case law or otherwise) of any jurisdiction whatsoever, now or hereafter in effect, which may be or become applicable, Borrower shall be relieved of or fail to incur any debt, obligation or liability as provided in the Loan Documents, Indemnitor shall nevertheless be fully liable therefor. In the event of a default under the ...
Indemnity and Guaranty. (a) Guarantor unconditionally and irrevocably (i) assumes liability for, (ii) guarantees timely payment to Lender of, (iii) agrees to pay, protect, defend, save harmless and indemnify Lender from and against any and all liens, damages (including, without limitation, punitive or exemplary damages), losses, liabilities (including, without limitation, strict liability), obligations, settlement payments, penalties, fines, assessments, citations, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, and expenses of any kind whatsoever (including reasonable attorneys’, consultants’ and experts’ fees and disbursements actually incurred in investigating, defending, settling or prosecuting any claim or proceeding or enforcing any term of this Guaranty) (collectively “Costs”) which may at any time be imposed upon, incurred by or asserted against Lender in connection with these transactions. The liability of the Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon pursuit by the Lender of any remedies it may have against the Borrower, or its successors and assigns, with respect to the guaranteed obligations, whether pursuant to the terms of the Note or by law.
Indemnity and Guaranty. Indemnitor hereby assumes liability for, guarantees payment to Lender of, agrees to pay, protect, defend and save Lender harmless and indemnifies Lender from and against, any and all liabilities, obligations, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees, costs and disbursements), causes of action, suits, claims, demands and judgments paid, imposed upon Lender or to which Lender may be subject, or any reduction in amounts recovered by Lender directly or indirectly (including, without limitation, any future reduction in sales price of, or unmarketability and consequent inability of Lender to foreclose on or otherwise sell, the Property and the lost opportunity costs resulting from the inability of Lender to sell or dispose of its interest in the Property) (collectively, "Costs") as a result of Borrower, or any Affiliate, indemnitor, guarantor, agent or employee of Borrower:
Indemnity and Guaranty. (a) In addition to any and all guarantees delivered by Guarantor or any of them to Administrative Agent, Guarantor absolutely, unconditionally and irrevocably guarantees to Administrative Agent for the benefit of Administrative Agent and the Lenders and becomes surety for, and agrees to pay, protect, defend and save Administrative Agent and the Lenders harmless from and against, and indemnifies Administrative Agent and the Lenders from and against, any and all liabilities, obligations, losses, damages, costs and expenses (including reasonable attorneys' fees), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, "Costs") which may at any time be imposed upon, incurred or suffered by or awarded against Administrative Agent or any Lender as a result of one or more of the following:
Indemnity and Guaranty. 1. Indemnitor hereby assumes liability for, hereby guarantees to pay to Lender, hereby agrees to pay, protect, defend absolutely and unconditionally and save the Indemnified Parties harmless from and against, and hereby indemnifies the Indemnified Parties from and against any Indemnified Liabilities which may at any time be imposed upon, incurred by or awarded against the Indemnified Parties as a result of the occurrence of any one or more of the following (collectively, the "Recourse Obligations"):
Indemnity and Guaranty. (a) Indemnitor hereby assumes liability for, hereby guarantees payment to Lender of, hereby agrees to pay, protect, defend and save Lender harmless from and against, and hereby indemnifies Lender from and against any and all liabilities, obligations, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, "COSTS") for which Borrower is liable pursuant to SECTION 18.32 of the Mortgage, a copy of which Indemnitor acknowledges receiving.
Indemnity and Guaranty. Guarantor hereby assumes liability for, hereby guarantees payment to Lender of, hereby agrees to pay, protect, defend (at trial and appellate levels) with attorneys, consultants and experts acceptable to Lender, and save Lender harmless from and against, and hereby indemnifies Lender from and against any and all liabilities, obligations, losses, damages, costs and expenses (including without limitation, reasonable attorneys' fees), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, "Costs") which may accrue from and after the Effective Date (as such term is defined in the Assignment and Assumption Agreement) and which may at any time from and after the Effective Date be imposed upon, incurred by or awarded against Lender as a result of the occurrence of any of the following from and after the Effective Date (regardless of whether Borrower is liable therefor pursuant to the terms of the Note):
Indemnity and Guaranty. (a) Indemnitor Parties hereby assume liability for, hereby guarantee payment to or on behalf of Quixotic, hereby agree to pay, protect, defend (at Quixotic's option) and save Quixotic harmless from and against, and hereby indemnify Quixotic from and against any and all liabilities, obligations, losses, damages, costs and expenses (including, without limitation, attorneys' fees, including the attorneys' fees incurred by Quixotic in connection with the Lawsuit and the claims made therein, the negotiation of the Settlement Agreement and the preparation and negotiation of the this Agreement), causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, "Costs") which may at any time be imposed upon, incurred by or awarded against Quixotic as a result of the Lawsuit and the claims made therein, the Settlement Agreement and any failure by Clear Skies to timely make any and all payments to Alpha as may be required under the Settlement Agreement, it being acknowledged and agreed to by the Indemnitor Parties that, notwithstanding anything to the contrary contained in the Settlement Agreement, as between Clear Skies and Quixotic, Clear Skies is liable for all amounts payable under the Settlement Agreement, and shall timely pay any and all such amounts as and when due.
Indemnity and Guaranty. (a) Guarantor hereby assumes liability for, hereby guarantees payment to Administrative Agent (for the benefit of the Lenders) of, hereby agrees to pay, protect, defend and save Administrative Agent harmless from and against, and hereby indemnifies Administrative Agent and the Lenders from and against any and all liabilities, obligations, losses, damages, costs, fees and expenses, including without limitation reasonable attorneys’ fees incurred by Administrative Agent or Lenders in the enforcement of this Agreement, causes of action, suits, claims, demands and judgments of any nature or description whatsoever (collectively, “Costs”) which may at any time be imposed upon, incurred or suffered by or awarded against Administrative Agent or the Lenders to the extent arising out of any one or more of the following:
