Common use of Indemnity Prior to Completion Date Clause in Contracts

Indemnity Prior to Completion Date. The Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4 and 11.5 with respect to any Claim arising thereunder for the period prior to the Completion Date related to the applicable Property. Notwithstanding the foregoing, to the extent that the Owner Trustee becomes obligated to any Indemnified Person pursuant to the next succeeding paragraph of Section 11.7, the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. To the extent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person's acts or a failure to act while any Construction Agency Person is in possession or control of the applicable Construction Period Property, then amounts paid by Advances prior to the Completion Date for such Claim shall be an Excluded Cost (such amounts paid shall be referred to as the "Excluded Indemnity Amount"). To the extent the Indemnity Provider is not obligated to indemnify any Indemnified Person with respect to Claims arising under Sections 11.1, 11.2, 11.3, 11.4 or 11.5, prior to the Completion Date related to the applicable Property, the Owner Trustee shall provide such indemnities in favor of such Indemnified Person in accordance with the relevant provisions of Sections 11.1, 11.2, 11.3, 11.4 or 11.5 as the case may be, but the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE OWNER TRUSTEE PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.

Indemnity Prior to Completion Date. The Owner Trustee Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements, (a) the Lessor shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 and 11.5 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements with respect to any Claim arising thereunder solely for the period prior to the Completion Date related to the applicable Property, and (b) such limited rights of indemnification referenced in Section 11.7(a) shall be limited to Claims caused by or resulting from the Indemnity Provider’s acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider (including, without limitation, contractors, subcontractors and other Persons contracted or controlled by the Construction Agent). Notwithstanding After the foregoingCompletion Date, to the extent that the Owner Trustee becomes obligated to any each Indemnified Person pursuant to the next succeeding paragraph of Section 11.7, the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. To the extent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person's acts or a failure to act while any Construction Agency Person is in possession or control beneficiary of the applicable Construction Period Property, then amounts paid by Advances prior to the Completion Date for such Claim shall be an Excluded Cost (such amounts paid shall be referred to as the "Excluded Indemnity Amount")provisions set forth in Sections 11.1 through 11.6. To the extent the Indemnity Provider is not obligated to indemnify any Indemnified Person with respect to Claims arising under Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 or 11.5, 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date related to the applicable PropertyDate, the Owner Trustee Lessor shall provide such indemnities (but only to the extent Loans and Lessor Advances are made available to the Lessor to pay such amounts) in favor of such Indemnified Person in accordance with the relevant provisions of Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 or 11.5 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be, but . It is acknowledged and agreed that any amount which the Owner Trustee Lessor pays in favor of any Indemnified Person with Loans and/or Lessor Advances shall only be obligated to make such payments added to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such paymentsProperty Cost. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE OWNER TRUSTEE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.

Indemnity Prior to Completion Date. The Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4 and 11.5 with respect to any Claim arising thereunder for the period prior to the Completion Date related to the applicable Property. Notwithstanding the foregoing, to the extent that the Owner Trustee becomes obligated to any Indemnified Person pursuant to the next succeeding paragraph of Section 11.7, the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. To the extent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person's ’s acts or a failure to act while any Construction Agency Person is in possession or control of the applicable Construction Period Property, then amounts paid by Advances prior to the Completion Date for such Claim shall be an Excluded Cost (such amounts paid shall be referred to as the "“Excluded Indemnity Amount"”). To the extent the Indemnity Provider is not obligated to indemnify any Indemnified Person with respect to Claims arising under Sections 11.1, 11.2, 11.3, 11.4 or 11.5, prior to the Completion Date related to the applicable Property, the Owner Trustee shall provide such indemnities in favor of such Indemnified Person in accordance with the relevant provisions of Sections 11.1, 11.2, 11.3, 11.4 or 11.5 as the case may be, but the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE OWNER TRUSTEE PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.

Indemnity Prior to Completion Date. The Owner Trustee Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements, (a) the Lessor shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 and 11.5 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements with respect to any Claim arising thereunder solely for the period prior to the Completion Date related to the applicable Property. Notwithstanding the foregoing, and (b) such limited rights of indemnification referenced in Section 11.7(a) (to the extent that relating to third-party claims) shall be limited to third-party claims caused by or resulting from the Owner Trustee becomes obligated to any Indemnity Provider’s acts or omissions and/or all other Persons acting by, through or under the Indemnity Provider (including, without limitation, contractors, subcontractors and other Persons contracted or controlled by the Construction Agent). After the Completion Date, each Indemnified Person pursuant to the next succeeding paragraph of Section 11.7, the Owner Trustee shall only be obligated to make such payments to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such payments. To the extent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person's acts or a failure to act while any Construction Agency Person is in possession or control beneficiary of the applicable Construction Period Property, then amounts paid by Advances prior to the Completion Date for such Claim shall be an Excluded Cost (such amounts paid shall be referred to as the "Excluded Indemnity Amount")provisions set forth in Sections 11.1 through 11.6. To the extent the Indemnity Provider is not obligated to indemnify any Indemnified Person with respect to Claims arising under Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 or 11.5, 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date related to the applicable PropertyDate, the Owner Trustee Lessor shall provide such indemnities (but only to the extent Loans and Lessor Advances are made available to the Lessor to pay such amounts) in favor of such Indemnified Person in accordance with the relevant provisions of Sections 11.1, 11.2, 11.3, 11.4 11.4, 11.5 or 11.5 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be, but . It is acknowledged and agreed that any amount which the Owner Trustee Lessor pays in favor of any Indemnified Person with Loans and/or Lessor Advances shall only be obligated to make such payments added to the extent the Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the Lenders and Holders to make such paymentsProperty Cost. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE OWNER TRUSTEE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.