Indemnity and Waiver. The Pledgor shall promptly indemnify each Finance Party and each of their Affiliates and each of its respective officers, directors, employees, agents and representatives (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, costs and expenses (including, without limitation, fees and disbursements of legal counsel) that may be incurred by or asserted or awarded against any Indemnified Party, arising out of or in connection with or relating to the Transaction Documents or the transactions contemplated hereby or thereby or any use made or proposed to be made with the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (to the extent that it may at any time exist, whether on the grounds of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets or from execution of judgment shall be claimed by it or any Group Company or on behalf of it or any Group Company or with respect to those assets, any such immunity being irrevocably waived. The Pledgor irrevocably agrees that it and those assets are, and shall be, subject to such proceedings, attachment or execution in respect of its obligations under the Finance Documents. The Pledgor agrees that the process by which any proceedings are commenced in the English courts in support of, or in connection with, an arbitration commenced pursuant to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth Floor, 100 Wood Street, London EC2V 7EX. If such person is not or ceases to be effectively appointed to accept service of process on behalf of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner permitted by law. [SIGNATURE PAGE FOLLOWS]
Appears in 1 contract
Samples: Share Pledge Agreement
Indemnity and Waiver. The Pledgor shall promptly (a) Except as otherwise provided in the SPA, -------------------- Tenant agrees to defend, indemnify each Finance Party and each of their Affiliates and each of save harmless Landlord, its respective officers, directors, employees, agents and representatives servants (each an collectively, "Indemnified PartyRelated Parties") from and against any and all claimsliability, damages, losses, liabilities, costs and loss or expenses (including, without limitationbut not limited to penalties, fees costs and disbursements attorneys' fees) for any suit, cause of action, claim, demand, settlement, award or judgment (hereinafter referred to singly or collectively as "Claim") to the extent arising out of (i) default by Tenant in the performance of any of its covenants or obligations hereunder; or (ii) the incorrectness or incompleteness of any representation or warranty of Tenant made herein; or (iii) any personal injury, loss or damage to property, including loss of use thereof, or involving damage to the environment (including (A) releases of contaminants into or onto the air, water or land, (B) violation of any federal, state or other environmental statute, law, regulation or other legal counselrequirement or duty, (C) that may be incurred penalties for such violations and (D) natural resource damages), sustained by any person or asserted persons (including third parties or awarded against any Indemnified Partycontractors or subcontractors employees, agents or servants), arising out of of, resulting from or in connection with consequence of Tenant's occupancy and use of the Premises or relating the Access Road, except to the Transaction Documents extent caused by the negligence or the transactions contemplated hereby willful misconduct of Landlord or thereby or any use made or proposed its Related Parties; provided, however, with respect to be made with the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim brought against Landlord, Tenant shall, upon Landlord's request, permit Landlord to participate in the defense or negotiate settlement thereof. This indemnification shall survive the expiration or earlier termination of this Lease.
(b) Except as otherwise provided in the SPA, Landlord agrees to defend, indemnify and save harmless Tenant and its Related Parties from and against all liability, loss or expenses (including, but not limited to penalties, costs and attorneys' fees) for any such damagessuit, whether causes of action, claim, demand, settlement, award or not accrued and whether judgment (hereinafter referred to singly or not known or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (collectively as "claim") to the extent that it may at arising out of (i) default by Landlord in the performance of any time exist, whether on the grounds of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets covenants or obligations hereunder; or (ii) the incorrectness or incompleteness of any representation or warranty of Landlord made herein; or (iii) any personal injury, loss or damage to property, including loss of use thereof, or involving damage to the environment (including (A) releases of contaminants into or onto the air, water or land, (B) violation of any federal, state or other environmental statute, law, regulation or other legal requirement or duty, (C) penalties for such violations and (D) natural resource damages), sustained by any person or persons (including third parties or contractors or subcontractors employees, agents or servants), arising out of, resulting from execution or in consequence of judgment shall be claimed Landlord's occupancy and use of the Hercules Land, except to the extent caused by it the negligence or any Group Company or on behalf willful misconduct of it or any Group Company or Tenant; provided, however, with respect to those assets, any such immunity being irrevocably waivedclaim brought against Tenant, Landlord shall, upon Tenant's request, permit Tenant to participate in the defense or negotiate settlement thereof. The Pledgor irrevocably agrees that it and those assets areThis indemnification shall survive the expiration or earlier termination of this Lease.
(c) Notwithstanding any provision of this lease to the contrary, and shall be, but subject to such proceedingsthe terms and provisions of the SPA, attachment Landlord and Tenant hereby waive any and all right of recovery, claim, action or execution in respect cause of its obligations action by the waiving party, or anyone claiming through or under the Finance Documents. The Pledgor agrees that waiving party by way of subrogation or otherwise, against the process by which any proceedings are commenced in the English courts in support ofother party, its agents or employees, or in connection withany person or party to which or to whom coverage is afforded under any policy required to be maintained under Section 15 of this Lease, an arbitration commenced pursuant for any loss or damage to the Premises, as a result of fire or other cause which could be insured against under the terms of a standard fire, vandalism, malicious mischief and extended coverage insurance policy or policies, building contents and business interruption insurance policies, or for which the waiving party may be reimbursed as a result of insurance coverage affecting any loss suffered by either party to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth FloorLease, 100 Wood Streetregardless of cause or origin, London EC2V 7EX. If such person is not even if the fire or ceases to be effectively appointed to accept service other cause shall have been the result of process on behalf negligent conduct of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner permitted by law. [SIGNATURE PAGE FOLLOWS]party.
Appears in 1 contract
Samples: Ground Lease Agreement (Geo Specialty Chemicals Inc)
Indemnity and Waiver. The Pledgor Tenant shall promptly indemnify each Finance Party and each hold harmless -------------------- Landlord, its successors and assigns, its mortgagees and any other persons or business organizations holding title to or any interest in any portion of Lot 5 from time to time, and their Affiliates and each of its respective directors, officers, directorstrustees, employeesmanagers, agents members and representatives employees (each an collectively, "Indemnified PartyParties") from and against any and all claims, liabilities, damages, losses, liabilities, costs and expenses arising out of (includingi) the use, without limitationoperation, fees inspection, repair, replacement, maintenance or removal of the Pump House or the Pumping Equipment, (ii) the presence and disbursements activities of legal counselTenant's agents, employees, contractors or invitees on the Leased Land or any other portion of Lot 5, (iii) that may the negligence or willful misconduct of the Tenant or its agents, employees, contractors or invitees on or about Lot 5, or (iv) any default by Tenant in the payment or performance of its obligations under this Lease, except to the extent such claims, liabilities, damages, losses, costs or expenses arise out of the negligence or willful misconduct of the Indemnified Parties. Landlord shall not be incurred liable to Tenant for any claim, liability, damage, loss, cost or expense, whether or not caused by the negligence of Landlord or asserted or awarded against any Indemnified Party, arising out of or in connection with or relating to the Transaction Documents or the transactions contemplated hereby or thereby or any use made or proposed to be made with the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (to the extent that it may at such claim, liability, damage, loss, cost or expense is covered under any time exist, whether on the grounds insurance carried by Tenant or would have been covered under any insurance which Tenant is required to carry under Section 9 of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets or from execution of judgment shall be claimed by it or any Group Company or on behalf of it or any Group Company or with respect to those assets, any such immunity being irrevocably waived. The Pledgor irrevocably agrees that it and those assets are, and shall be, subject to such proceedings, attachment or execution in respect of its obligations under the Finance Documents. The Pledgor agrees that the process by which any proceedings are commenced in the English courts in support of, or in connection with, an arbitration commenced pursuant to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth Floor, 100 Wood Street, London EC2V 7EX. If such person is not or ceases to be effectively appointed to accept service of process on behalf of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner permitted by law. [SIGNATURE PAGE FOLLOWS]Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Sycamore Networks Inc)
Indemnity and Waiver. The Pledgor Except to the extent of CP's own negligence, Contractor shall promptly indemnify each Finance Party be liable to CP for, and each shall indemnify, defend, and save harmless CP from and against, any and all Claims (including legal costs on a solicitor and own client basis) suffered or incurred by CP that arise out of their Affiliates or result from any act or omission under this Purchase Order, or any breach of this Purchase Order, by the Contractor, or its subcontractors, including without limitation:
(a) those resulting from any action, suit or proceeding brought by any third party;
(b) those brought or executed in respect of bodily injury (including injury resulting in death) or damage or destruction of property, including CP's property;
(c) those made under workers' compensation legislation;
(d) those legal costs and each fines resulting from the failure of Contractor to comply with any applicable laws, regulations, by-laws, rules or orders of any government, authority or body having jurisdiction;
(e) those arising from Product defects and related loss or damage;
(f) those resulting from the release, discharge, seepage or other escape of any substance including chemicals, hazardous or toxic materials, substances, pollutants, contaminants or wastes, whether liquid, gaseous, micro-organic, or of any other nature, which are attributable to Contractor's performance of its respective obligations in this Purchase Order; and
(g) those brought for actual, alleged, direct or contributory infringement of any patent, trade xxxx, copyright or industrial property right. Except to the extent of CP's own negligence, Contractor shall make no claim or demand against CP for any injury (including death), claim, expense, loss or damage to property suffered or sustained by Contractor or any other person which arises out of or is connected with this Purchase Order or anything done or not done as required hereunder, or any other errors or omissions of Contractor, and hereby waives as against CP all such claims and demands. The onus of establishing that CP was negligent, and the relative extent of that negligence, shall be upon Contractor. CP shall not be deemed to have caused or contributed to a Claim merely by reason of its knowledge, approval or acceptance of the Product, materials, shop drawings, specifications, supplies, equipment, or procedures of Contractor. For the purposes of this Section, any reference to "CP" shall include CP and its affiliates, together with the directors, officers, directors, employees, representatives and agents of CP and representatives (each an its affiliates; and any reference to "Indemnified PartyContractor" shall include Contractor's directors, officers, employees, affiliates, representatives, and agents. For the purposes of this Section, ") from and against Claims" means any and all claims, damagessuits, demands, awards, actions, proceedings, losses, liabilitiescosts, costs and expenses (including, without limitation, fees and disbursements of legal counsel) that may be incurred by or asserted or awarded against any Indemnified Party, arising out of or in connection with or relating to the Transaction Documents or the transactions contemplated hereby or thereby or any use made or proposed to be made with the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim for any such damages, whether or expenses. This Section shall not accrued and whether be replaced or not known modified by any terms contained elsewhere in this Purchase Order, including any schedules attached hereto. This Section shall survive the expiration or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (to the extent that it may at any time exist, whether on the grounds termination of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets or from execution of judgment shall be claimed by it or any Group Company or on behalf of it or any Group Company or with respect to those assets, any such immunity being irrevocably waived. The Pledgor irrevocably agrees that it and those assets are, this Purchase Order and shall be, subject to such proceedings, attachment in no manner limit or execution in respect restrict the liabilities and obligations of its obligations under the Finance Documents. The Pledgor agrees that the process by which any proceedings are commenced in the English courts in support of, or in connection with, an arbitration commenced pursuant to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth Floor, 100 Wood Street, London EC2V 7EX. If such person is not or ceases to be effectively appointed to accept service of process on behalf of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing Contractor in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner permitted by law. [SIGNATURE PAGE FOLLOWS]Purchase Order.
Appears in 1 contract
Samples: Purchase Order
Indemnity and Waiver. The Pledgor shall promptly (a) Except as otherwise provided in the -------------------- Collateral Agreements, Tenant agrees to defend, indemnify each Finance Party and each of their Affiliates and each of save harmless Landlord, its respective officers, directors, employees, agents and representatives servants (each an collectively, "Indemnified PartyRelated Parties") from and against any and all claimsliability, damages, losses, liabilities, costs and loss or expenses (including, without limitationbut not limited to penalties, fees costs and disbursements attorneys' fees) for any suit, cause of action, claim, demand, settlement, award or judgment (hereinafter referred to singly or collectively as "Claim") to the extent arising out of (i) default by Tenant in the performance of any of its covenants or obligations hereunder; or (ii) the incorrectness or incompleteness of any representation or warranty of Tenant made herein; or (iii) any personal injury, loss or damage to property, including loss of use thereof, or involving damage to the environment (including (A) releases of contaminants into or onto the air, water or land, (B) violation of any federal, state or other environmental statute, law, regulation or other legal counselrequirement or duty, (C) that may be incurred penalties for such violations and (D) natural resource damages), sustained by any person or asserted persons (including third parties or awarded against any Indemnified Partycontractors or subcontractors employees, agents or servants), arising out of of, resulting from or in connection with consequence of Tenant's occupancy and use of the Premises or relating the Appurtenant Facilities, except to the Transaction Documents extent caused by the negligence or the transactions contemplated hereby willful misconduct of Landlord or thereby or any use made or proposed its Related Parties; provided, however, with respect to be made with the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim brought against Landlord, Tenant shall, upon Landlord's request, permit Landlord to participate in the defense or negotiate settlement thereof. This indemnification shall survive the expiration or earlier termination of this Lease.
(b) Except as otherwise provided in the Collateral Agreements, Landlord agrees to defend, indemnify and save harmless Tenant and its Related Parties from and against all liability, loss or expenses (including, but not limited to penalties, costs and attorneys' fees) for any such damagessuit, whether causes of action, claim, demand, settlement, award or not accrued and whether judgment (hereinafter referred to singly or not known or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (collectively as "claim") to the extent that it may at arising out of (i) default by Landlord in the performance of any time exist, whether on the grounds of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets covenants or obligations hereunder; or (ii) the incorrectness or incompleteness of any representation or warranty of Landlord made herein; or (iii) any personal injury, loss or damage to property, including loss of use thereof, or involving damage to the environment (including (A) releases of contaminants into or onto the air, water or land, (B) violation of any federal, state or other environmental statute, law, regulation or other legal requirement or duty, (C) penalties for such violations and (D) natural resource damages), sustained by any person or persons (including third parties or contractors or subcontractors employees, agents or servants), arising out of, resulting from execution or in consequence of judgment shall be claimed Landlord's occupancy and use of the Retained Land, except to the extent caused by it the negligence or any Group Company or on behalf willful misconduct of it or any Group Company or Tenant; provided, however, with respect to those assets, any such immunity being irrevocably waivedclaim brought against Tenant, Landlord shall, upon Tenant's request, permit Tenant to participate in the defense or negotiate settlement thereof. The Pledgor irrevocably agrees that it and those assets areThis indemnification shall survive the expiration or earlier termination of this Lease.
(c) Notwithstanding any provision of this Lease to the contrary, and shall be, but subject to such proceedingsthe terms and provisions of the Collateral Agreements, attachment Landlord and Tenant hereby waive any and all right of recovery, claim, action or execution in respect cause of its obligations action by the waiving party, or anyone claiming through or under the Finance Documents. The Pledgor agrees that waiving party by way of subrogation or otherwise, against the process by which any proceedings are commenced in the English courts in support ofother party, its agents or employees, or in connection withany person or party to which or to whom coverage is afforded under any policy required to be maintained under Section 15 of this Lease, an arbitration commenced pursuant for any loss or damage to the Premises or to the Facility Site or any improvements thereon, as a result of fire or other cause which could be insured against under the terms of a standard fire, vandalism, malicious mischief and extended coverage insurance policy or policies, building contents and business interruption insurance policies, or for which the waiving party may be reimbursed as a result of insurance coverage affecting any loss suffered by either party to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth FloorLease, 100 Wood Streetregardless of cause or origin, London EC2V 7EX. If such person is not even if the fire or ceases to be effectively appointed to accept service other cause shall have been the result of process on behalf negligent conduct of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner permitted by law. [SIGNATURE PAGE FOLLOWS]party.
Appears in 1 contract
Indemnity and Waiver. The Pledgor shall promptly After delivery of the Premises and continuing during the term of this Lease, Xxxxxx agrees to defend, indemnify each Finance Party and each of hold harmless Landlord, any mortgagee, ground lessor, Xxxxxxxx's managing agent, Xxxxxxxx's broker and their Affiliates respective agents and each of its respective officers, directors, employees, agents and representatives (each an "Indemnified Party") from and against any and all claimsinjuries, damages, lossesclaims, liabilitiesdemands, costs and expenses of every kind and nature (includingincluding attorneys' fees), without limitationincluding those arising from any injury or damage to any person, fees property or business: (a) sustained in or about the Premises, (b) resulting from the negligence of Tenant, its employees, agents, servants, invitees, licensees or subtenants, or (c) resulting from the failure of Tenant to perform its obligations under this Lease; provided, however, Tenant's obligations under this section shall not apply to injury or damage resulting from the sole negligence of Landlord, any mortgagee or ground lessor, Landlord's managing agent, Xxxxxxxx's broker or their respective agents and disbursements employees, or the failure of Landlord to perform its obligations hereunder. If any such proceeding is brought against Landlord or the parties listed above or their respective agents or employees, Tenant covenants to defend such proceeding at its sole cost by legal counsel) that may be incurred by or asserted or awarded counsel reasonably satisfactory to Landlord. Subject to the above paragraph, Xxxxxxxx agrees to defend, indemnify and hold harmless Tenant and its respective agents and employees, against any Indemnified Partyand all injuries, damages, claims, demands, costs and expenses of every kind and nature (including attorneys' fees), arising out from any injury or damage to any person, property or business resulting from the negligence of Landlord, its employees, agents, or in connection with contractors, or relating resulting from the failure of Landlord to perform its obligations under this Lease. If any such proceeding is brought against Tenant or its respective agents or employees, Landlord covenants to defend such proceeding at its sole cost by legal counsel reasonably satisfactory to Tenant. Unless caused by the Transaction Documents sole negligence of Landlord, any mortgagee or ground lessor, Xxxxxxxx's managing agent, Xxxxxxxx's broker or their respective agents and employees, or the transactions contemplated hereby failure of Landlord to perform its obligations hereunder, Landlord shall not be liable or thereby responsible for any personal property of Tenant, or any use made of employees, agents, customers or proposed to be made with other invitees of Tenant, wherever located in or about the proceeds of any Facility (including those incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry concerning the use of proceeds Premises of the Facility). In no event shall any Finance Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Pledgor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour. The Pledgor irrevocably agrees that, should any Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (to the extent that it may at any time exist, whether on the grounds of sovereignty or otherwise) from those proceedings, from attachment (whether in aid of execution, before judgment or otherwise) of its assets or from execution of judgment shall be claimed by it or any Group Company or on behalf of it or any Group Company or with respect to those assets, any such immunity being irrevocably waived. The Pledgor irrevocably agrees that it and those assets areBuilding, and shall benot be liable for any damage to or loss of such personal property arising from any act or neglect of any other tenants of the Building or their employees, subject customers, agents, or other invitees, or any other persons, or from the bursting, running, over-flowing, or leaking of any tank, sewer, water pipe, stream pipe or boiler, or from heating or plumbing fixtures or from electric wires or from gas or odors in or about the Premises or in or about the building. Tenant acknowledges that portions of the Premises are under the Outback Steakhouse restaurant and that leakage may, from time to time, occur. Tenant shall not store high value items in this area and shall take necessary precautions against occasional leakage. All of Tenant's property stored in the unfinished portion of the basement will be at the sole risk of Tenant and Tenant shall make no claim against Landlord or its employees or officers on account of damage to such proceedings, attachment or execution in respect of its obligations under property. To the Finance Documents. The Pledgor agrees that the process by which any proceedings are commenced in the English courts in support of, or in connection with, an arbitration commenced pursuant to this Clause 21 (Arbitration) may be served on it by being delivered to Law Debenture Corporate Services Limited at Fifth Floor, 100 Wood Street, London EC2V 7EX. If such person is not or ceases to be effectively appointed to accept service of process on behalf of the Pledgor, the Pledgor irrevocably agrees to appoint a further person in England to accept service of process on its behalf and, failing such appointment within 14 days, the Pledgee shall be entitled to appoint such a person by written notice to the Obligors. Nothing in this Clause 19.6 (Service of process) shall affect the right of the Pledgee to serve process in any other manner full extent permitted by law. [SIGNATURE PAGE FOLLOWS], Xxxxxx xxxxxx releases and waives all claims against Landlord, any mortgagee or ground lessor, Xxxxxxxx's managing agent and their respective agents and employees for injury or damage to persons, property or business sustained in or about the Building or Premises by Tenant, its agents, employees or invitees due to lack or failure of security.
Appears in 1 contract
Samples: Lease Agreement (Panera Bread Co)