Indemnity and Hold Harmless Provisions. To the extent legally permissible, the Borrower hereby releases the Issuer, the Administrator, and the Bank and their respective members, agents, employees, attorneys, and consultants from, agrees that the Issuer, the Administrator, and the Bank and their respective members, agents, employees, attorneys, and consultants shall not be liable for, and agrees to reimburse and indemnify and hold the Issuer, the Administrator, and the Bank, and their respective members, agents, employees, attorneys, and consultants harmless from and against, any and all: (1) liability for loss to the Project (or any injury to or death of any and all Persons that may be occasioned by any cause whatsoever pertaining to Project or arising by reason of or in connection with the acquisition, installation, maintenance, checkout, or use of or failure to use the Project); (2) liability arising from, or expense incurred by the Issuer and the Bank by reason of, the Loan or this Loan Agreement and all causes of action and attorneys’ fees and any other expense incurred in defending any suits or actions which may arise as a result of any of the foregoing; and, (3) all costs and expenses of the Issuer and the Bank and their respective officers, directors, employees, agents, and attorneys incurred as a result of carrying out their obligations under this Loan Agreement; provided, however, the provisions of this Section 8.03 shall survive the termination of this Loan Agreement.
Indemnity and Hold Harmless Provisions. The Company hereby releases the Issuer, its members, agents, employees, and consultants from; agrees that the Issuer, its members, agents, employees, and consultants shall not be liable for; and agrees to reimburse and indemnify and hold the Issuer, its members, agents, employees, and consultants harmless from and against, any and all: (a) liability for loss or damage to Property or any injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the Project or arising by reason of or in connection with the acquisition, occupation, or use of said Project; (b) liability arising from, or expense incurred by reason of, the Issuer's leasing of the Project, and all causes of action and attorneys fees and any other expense incurred in defending any suits or actions which may arise as a result of any of the foregoing excluding Issuer's obligations to the Company hereunder; and (c) all costs and expenses of the Issuer or the officers, directors, or employees thereof, incurred as a result of carrying out its obligations under this Lease, the Loan Documents, or any other document herein contemplated; provided, however, that the foregoing shall not apply to the negligence or wanton or willful misconduct of the Issuer, its members, agents, consultants and employees.
Indemnity and Hold Harmless Provisions. To the extent legally permissible, the Borrower hereby releases the Issuer, the Administrator, and the Bank and their respective members, agents, employees, attorneys, and consultants from, agrees that the Issuer, the Administrator, and the Bank and their respective members, agents, employees, attorneys, and consultants shall not be liable for, and agrees to reimburse and indemnify and hold the Issuer, the Administrator, and the Bank, and their respective members, agents, employees, attorneys, and consultants harmless from and against, any and all: (1) liability for loss to the Project (or any injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to Project or arising by reason of or in connection with the acquisition, installation, maintenance, checkout, or use of or failure to use the Project); (2) liability arising from, or expense incurred by the Issuer and the Bank by reason of, the Loan or this Loan Agreement and all causes of action and attorneys’ fees and any other expense incurred in defending any suits or actions which may arise as a result of any of the foregoing; and,
Indemnity and Hold Harmless Provisions. (a) Except as expressly provided herein, Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person (i) occasioned by theft, act of God, terrorist act, riot, strike, insurrection, war, governmental edict or requisition or act of a governmental authority, or (ii) arising by reason of repair, alteration or maintenance of any part of the Building, or the failure to make any such repairs unless the manner of conducting such repairs, alterations or maintenance (or the failure to perform same) would otherwise constitute an event of default hereunder after satisfaction of any applicable notice and cure periods or is covered by the indemnity provisions contained herein. It is the intention of the parties that each party will be responsible for damage caused by the negligence or willful misconduct of such party or those over whom it has the ability to exercise control. Tenant therefore waives all claims against Landlord for damages to persons or property (including related expenses, including but not limited to attorney’s fees) arising for any reason in or on the Leased Premises, the Building or the Property other than claims, actions, proceedings, damages, fines, and expenses (including reasonable attorney’s fees) to the extent resulting or arising from the intentional acts, willful misconduct or negligence of Landlord or Landlord’s Related Parties (as defined below), or a breach of this Agreement by Landlord, as to which Landlord agrees to defend, save harmless and indemnify Tenant and Tenant’s permitted subtenants or assignees, and Tenant’s agents, employees, contractors, licensees or invitees (“Tenant’s Related Parties”). Neither Landlord nor Landlord’s agents, employees, officers, directors, shareholders, partners, members, venturers, beneficiaries, mortgagees, agents or representatives (collectively, “Landlord’s Related Parties”) shall be liable for, and Tenant shall indemnify and save harmless Landlord and Landlord’s Related Parties of and from all fines, legal proceedings and actions, claims, demands, losses, costs, damages, expenses (including but not limited to reasonable attorney’s fees) to the extent resulting or arising from any and all injuries to or death of any person or damage to or loss of any property, caused by, resulting from or resulting or arising from (i) any breach, violation or non-performance of any condition of this Lease by Tenant or Tenant’s Related Parties, (ii) the use or occupancy of the L...
