Indemnity in favour of the Agents. (a) The Issuer shall indemnify each Agent against any claim, demand, action, liability, damages, cost, loss or expense (including, without limitation, legal fees and any applicable value added tax) which it incurs otherwise than by reason of its own gross negligence or wilful misconduct or wilful default, as a result of or arising out of or in relation to its acting as the agent of the Issuer in relation to the Notes or as a direct result of the breach by the Issuer of its undertaking under Clause 12.6.2. (b) Notwithstanding any provision of this Agreement to the contrary, including, without limitation, any indemnity given by the Agents herein, each of the Agents shall not in any event be liable for the following direct losses: loss of profits, loss of contracts or loss of goodwill. (c) The indemnity contained in this sub-clause 12.3.1 shall survive termination or expiry of this Agreement.
Appears in 5 contracts
Samples: Agency Agreement, Agency Agreement, Agency Agreement
