Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) 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, 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 Property, and (b) such limited rights of indemnification referenced in Section 11.7(a) (to the extent relating to third-party claims) shall be limited to third-party 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). After the Completion Date for the Property, each Indemnified Person shall be a beneficiary of the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date, the Lessor 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which the Lessor becomes obligated to any Indemnified Person pursuant hereto shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject to the limitations set forth in subpart (b) of the first sentence of the preceding paragraph. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.
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Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) and any other indemnity obligations of the Indemnity Provider under the Operative Agreements, (a) the 72 Lessor shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 Property, and (b) such limited rights of indemnification referenced in Section 11.7(a) (to the extent relating to third-party claims) shall be limited to third-party claims Claims caused by or resulting from the Indemnity Provider's ’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 for the PropertyDate, each Indemnified Person shall be a beneficiary of the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date, the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which the Lessor becomes obligated to pays in favor of any Indemnified Person pursuant hereto with Loans and/or Lessor Advances shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject be added to the limitations set forth in subpart (b) of the first sentence of the preceding paragraphProperty Cost. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.
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Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) 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, 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 Property, and (b) such limited rights of indemnification referenced in Section 11.7(a) (to the extent relating to third-party claims) shall be limited to third-party 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 limitationlimitations, contractors, subcontractors and other Persons contracted or controlled by the Construction Agent). After the Completion Date for the Property, each Indemnified Person shall be a beneficiary of the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date, the Lessor 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which the Lessor becomes obligated to any Indemnified Person pursuant hereto shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject to the limitations set forth in subpart (b) of the first sentence of the preceding paragraph. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.
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Samples: Participation Agreement (Capital One Financial Corp)
Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) 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, 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 Property, and (b) such limited rights of indemnification referenced in Section 11.7(a) (to the extent relating to third-party claims) shall be limited to third-party claims caused by or resulting from the Indemnity Provider's ’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 for the PropertyDate, each Indemnified Person shall be a beneficiary of the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion Date, the 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, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which the Lessor becomes obligated to pays in favor of any Indemnified Person pursuant hereto with Loans and/or Lessor Advances shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject be added to the limitations set forth in subpart (b) of the first sentence of the preceding paragraphProperty Cost. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.. 77
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Samples: Participation Agreement (Human Genome Sciences Inc)
Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) and any other indemnity obligations of the Indemnity Provider under the Operative Agreements, (a) the Lessor The Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4, 11.4 and 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 relating that the Owner Trustee becomes obligated to third-party claims) 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 limited required for the Lenders and Holders to third-party claims caused by or resulting from make such payments. To the Indemnity Provider's extent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person’s acts or omissions and/or all other Persons acting bya failure to act while any Construction Agency Person is in possession or control of the applicable Construction Period Property, through or under the Indemnity Provider (including, without limitation, contractors, subcontractors and other Persons contracted or controlled then amounts paid by the Construction Agent). After Advances prior to the Completion Date for the Property, each Indemnified Person such Claim shall be a beneficiary of an Excluded Cost (such amounts paid shall be referred to as the provisions set forth in Sections 11.1 through 11.6“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, 11.411.4 or 11.5, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion DateDate related to the applicable Property, the Lessor 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, 11.4 or 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which , but the Lessor becomes Owner Trustee shall only be obligated to any Indemnified Person pursuant hereto shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject make such payments to the limitations set forth in subpart (b) of extent the first sentence of Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the preceding paragraphLenders and Holders to make such payments. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR OWNER TRUSTEE PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.
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Indemnity Prior to Completion Date. Notwithstanding the provisions of Sections 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 (other than with respect to matters concerning indemnification for environmental conditions existing on or before the Closing Date, including without limitation the Existing Environmental Matters) and any other indemnity obligations of the Indemnity Provider under the Operative Agreements, (a) the Lessor The Owner Trustee shall be the only beneficiary of the provisions set forth in Sections 11.1, 11.2, 11.3, 11.4, 11.4 and 11.5 and 11.6 (again, subject to the immediately preceding parenthetical phrase) 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 relating that the Owner Trustee becomes obligated to third-party claims) 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 limited required for the Lenders and Holders to third-party claims caused by or resulting from make such payments. To the Indemnity Providerextent any such Claim arising pursuant to Section 11.1 does not arise in connection with any Construction Agency Person's acts or omissions and/or all other Persons acting bya failure to act while any Construction Agency Person is in possession or control of the applicable Construction Period Property, through or under the Indemnity Provider (including, without limitation, contractors, subcontractors and other Persons contracted or controlled then amounts paid by the Construction Agent). After Advances prior to the Completion Date for the Property, each Indemnified Person such Claim shall be a beneficiary of an Excluded Cost (such amounts paid shall be referred to as the provisions set forth in Sections 11.1 through 11.6"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, 11.411.4 or 11.5, 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements prior to the Completion DateDate related to the applicable Property, the Lessor 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, 11.4 or 11.5 or 11.6 and any other indemnity obligations of the Indemnity Provider under the Operative Agreements as the case may be. It is acknowledged and agreed that any amount for which , but the Lessor becomes Owner Trustee shall only be obligated to any Indemnified Person pursuant hereto shall become a Claim for which the Lessor is entitled to indemnity from the Indemnity Provider pursuant to and subject make such payments to the limitations set forth in subpart (b) of extent the first sentence of Lenders and Holders make Advances for such payments, provided, no Requisition shall be required for the preceding paragraphLenders and Holders to make such payments. THE INDEMNITY OBLIGATIONS UNDERTAKEN BY THE LESSOR OWNER TRUSTEE PURSUANT TO THIS SECTION 11.7 ARE IN ALL RESPECTS SUBJECT TO THE LIMITATIONS ON LIABILITY REFERENCED IN SECTION 12.9.
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