Common use of Indemnity by Lessee Clause in Contracts

Indemnity by Lessee. LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR OR ANY ASSIGNEE HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN ANY MANNER PERTAINING TO THE EQUIPMENT OR THIS MASTER LEASE INCLUDING, WITHOUT LIMITATION, THE OWNERSHIP, SELECTION, POSSESSION, PURCHASE, DELIVERY, INSTALLATION, LEASING, OPERATION, USE, CONTROL, MAINTENANCE AND RETURN OF THE EQUIPMENT AND THE RECOVERY OF CLAIMS UNDER INSURANCE POLICIES. Lessee acknowledges that the Equipment is owned by Lessor ("Owner"). It is the intent of Owner/Lessor and Lessee that this Lease constitute a true lease for Federal income tax purposes so that, for the purpose of determining its liability for Federal income taxes, Owner shall be entitled to the tax benefits as are provided by the Internal Revenue Code of 1986, as amended, (the "Code") to an owner of personal property. In addition notwithstanding any other provision of this Master Lease, if as to any Equipment, the modified accelerated cost recovery system or depreciation deductions allowed under the Code shall be lost, disallowed, eliminated, reduced, recaptured or otherwise unavailable to Lessor for any reason, then Lessee shall pay to Lessor as additional rent within 30 days after such a loss an amount equal to the sum of (i) the additional federal, state, local and foreign income or any other taxes payable as a result of such loss, disallowance, elimination, reduction, recapture or unavailability of accelerated cost recovery or depreciation deductions plus (ii) the amount of any interest, penalties or additions to tax payable by the Lessor as a result of such additional tax. The indemnities given and liabilities assumed by the Lessee pursuant to this Section 18 shall continue in full force and effect notwithstanding the expiration or other termination of this Master Lease.

Indemnity by Lessee. LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR OR ANY ASSIGNEE HARMLESS FROM ANY AND ALL CLAIMSLessee agrees to indemnify and hold Lessor or any assignee harmless from any and all claims, ACTIONSactions, PROCEEDINGSproceedings, EXPENSESexpenses, DAMAGES AND LIABILITIESdamages and liabilities, INCLUDING ATTORNEYSincluding attorneys' FEESfees, ARISING OUT OF OR IN ANY MANNER PERTAINING TO THE EQUIPMENT OR THIS MASTER LEASE INCLUDINGarising out of or in any manner pertaining to the Equipment or this Master Lease including, WITHOUT LIMITATIONwithout limitation, THE OWNERSHIPthe ownership, SELECTIONselection, POSSESSIONpossession, PURCHASEpurchase, DELIVERYdelivery, INSTALLATIONinstallation, LEASINGleasing, OPERATIONoperation, USEuse, CONTROLcontrol, MAINTENANCE AND RETURN OF THE EQUIPMENT AND THE RECOVERY OF CLAIMS UNDER INSURANCE POLICIESmaintenance and return of the Equipment and the recovery of claims under insurance policies. Lessee acknowledges that the Equipment is owned by Lessor ("Owner"). It is the intent of Owner/Lessor and Lessee that this Lease constitute a true lease for Federal income tax purposes so that, for the purpose of determining its liability for Federal income taxes, Owner shall be entitled to the tax benefits as are provided by the Internal Revenue Code of 1986, as amended, (the "Code") to an owner of personal property. In addition notwithstanding any other provision of this Master Lease, if as to any Equipment, the modified accelerated cost recovery system or depreciation deductions allowed under the Code shall be lost, disallowed, eliminated, reduced, recaptured or otherwise unavailable to Lessor for any reason, then Lessee shall pay to Lessor as additional rent within 30 days after such a loss an amount equal to the sum of (i) the additional federal, state, local and foreign income or any other taxes payable as a result of such loss, disallowance, elimination, reduction, recapture or unavailability of accelerated cost recovery or depreciation deductions plus (ii) the amount of any interest, penalties or additions to tax payable by the Lessor as a result of such additional tax. The indemnities given and liabilities assumed by the Lessee pursuant to this Section 18 19 shall continue in full force and effect notwithstanding the expiration or other termination of this Master Lease.

Indemnity by Lessee. LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR OR ANY ASSIGNEE HARMLESS FROM ANY AND ALL CLAIMSLessee agrees to indemnify and hold lessor or any assignee harmless from any and all claims, ACTIONSactions, PROCEEDINGSproceedings, EXPENSESexpenses, DAMAGES AND LIABILITIESdamages and liabilities, INCLUDING ATTORNEYS' FEESincluding attorney's fees, ARISING OUT OF OR IN ANY MANNER PERTAINING TO THE EQUIPMENT OR THIS MASTER LEASE INCLUDINGarising out of or in any manner pertaining to the Equipment or this Master Lease including, WITHOUT LIMITATIONwithout limitation the ownership, THE OWNERSHIPselection, SELECTIONpossession, POSSESSIONpurchase, PURCHASEdelivery, DELIVERYinstallation, INSTALLATIONleasing, LEASINGoperation, OPERATIONuse control, USE, CONTROL, MAINTENANCE AND RETURN OF THE EQUIPMENT AND THE RECOVERY OF CLAIMS UNDER INSURANCE POLICIESmaintenance and return of the Equipment and the recovery of claims under insumnce policies. Lessee acknowledges that the Equipment to be leased by Lessor to Lessee pursuant to this Agreement is owned by Lessor ("Owner"). It is the intent of Owner/Lessor and Lessee that this Lease constitute a true lease for Federal income tax purposes so that, for the purpose of determining its liability for Federal income taxes, Owner shall be entitled to the tax benefits as are provided by lowed under the Internal Revenue Code of 1986, as amended, shall (the "Code") to an owner of personal property. In addition addition, notwithstanding any other provision of this Master Lease, if as to any Equipment, Equipment the modified accelerated cost recovery system or depreciation deductions allowed under the Internal Revenue Code of 1986, as amended, shall be lost, disallowed, eliminated, reduced, recaptured or otherwise unavailable to Lessor for any reason, then Lessee shall pay to Lessor as an additional rent within 30 days after such a loss an amount which shall be equal to the sum of (i) the additional federal, state, local and foreign income or any other taxes payable as a result of such loss, disallowance, elimination, reduction, recapture or unavailability of accelerated cost recovery or depreciation deductions plus (ii) the amount of any interest, penalties or additions to tax payable by the Lessor as a result of such additional tax. The indemnities given and liabilities assumed by the Lessee pursuant to this Section 18 19 shall continue in full force and effect notwithstanding the expiration or other termination of this Master Lease.

Indemnity by Lessee. LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR OR ANY ASSIGNEE HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN ANY MANNER PERTAINING TO THE EQUIPMENT OR THIS MASTER LEASE INCLUDING, WITHOUT LIMITATION, THE OWNERSHIP, SELECTION, POSSESSION, PURCHASE, DELIVERY, INSTALLATION, LEASING, OPERATION, USE, CONTROL, MAINTENANCE AND RETURN OF THE EQUIPMENT AND THE RECOVERY OF CLAIMS UNDER INSURANCE POLICIES. THE FOREGOING INDEMNITY OBLIGATIONS UNDER THIS PARAGRAPH ARE SPECIFICALLY LIMITED AS FOLLOWS: LESSEE SHALL HAVE NO INDEMNITY OBLIGATIONS AS TO MATTERS ARISING SOLELY FROM THE INTENTIONAL MISCONDUCT OF LESSOR OR ITS ASSIGNEE. Lessee acknowledges that the Equipment is owned by Lessor ("Owner"). It is the intent of Owner/Lessor and Lessee that this Lease constitute a true lease for Federal income tax purposes so that, for the purpose of determining its liability for Federal income taxes, Owner shall be entitled to the tax benefits as are provided by the Internal Revenue Code of 1986, as amended, (the "Code") to an owner of personal property. In addition notwithstanding any other provision of this Master Lease, if as to any Equipment, the modified accelerated cost recovery system or depreciation deductions allowed under the Code shall be lost, disallowed, eliminated, reduced, recaptured or otherwise unavailable to Lessor for any reason, then Lessee shall pay to Lessor as additional rent within 30 days after such a loss an amount equal to the sum of (i) the additional federal, state, local and foreign income or any other taxes payable as a result of such loss, disallowance, elimination, reduction, recapture or unavailability of accelerated cost recovery or depreciation deductions plus (ii) the amount of any interest, penalties or additions to tax payable by the Lessor as a result of such additional tax. The indemnities given and liabilities assumed by the Lessee pursuant to this Section 18 19 shall continue in full force and effect notwithstanding the expiration or other termination of this Master Lease.