Common use of Indemnity; Assumption of Risk Clause in Contracts

Indemnity; Assumption of Risk. (a) To the fullest extent permitted by law, the Borrower shall defend, indemnify and hold harmless the Custodian and the Bank, and their respective officers, directors, agents, employees, members and affiliated companies (collectively, the "Indemnitees") from and against all claims, judgments, damages, losses, penalties, liabilities, costs and expenses of investigation and defense of any claim and of any good faith settlement of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, attorneys' fees and expenses, any of which are incurred at any time as a result of or in connection with, the entering into of this Agreement or the transactions contemplated thereby except to the extent arising from the gross negligence of willful misconduct of the Custodian or the Bank.

Indemnity; Assumption of Risk. (a) To the fullest extent permitted by law, the Borrower shall defend, indemnify and hold harmless each of the Custodian Bank and the BankCustodian, and their respective officers, directors, agents, employees, members and affiliated companies (collectively, the "Indemnitees") ), from and against all claims, judgments, damages, losses, penalties, liabilities, costs and expenses of investigation and defense of any claim and of any good faith settlement of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorneys' fees and expenses, any of which are incurred at any time as a result of of, or in connection with, the entering into of this Agreement or the transactions contemplated thereby thereby, except to the extent arising from the gross negligence of or willful misconduct of the Custodian or the Bank.

Indemnity; Assumption of Risk. (a) To the fullest extent permitted by ----------------------------- law, the Borrower shall defend, indemnify and hold harmless each of the Custodian Bank and the BankCustodian, and their respective officers, directors, agents, employees, members and affiliated companies (collectively, the "Indemnitees") ), from and against all claims, judgments, damages, losses, penalties, liabilities, costs and expenses of investigation and defense of any claim and of any good faith settlement of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorneys' fees and expenses, any of which are incurred at any time as a result of of, or in connection with, the entering into of this Agreement or the transactions contemplated thereby except to the extent arising from the gross negligence of willful misconduct of the Custodian or the Bankthereby.