Common use of Mortgagor's Indemnities Clause in Contracts

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party from and against any and all Losses which Mortgagee or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or such Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that Mortgagee or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party from and against any and all Losses which Mortgagee or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or such Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that Mortgagee or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party related to Mortgagee from and against any and all Losses which Mortgagee or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or any such other Lender or Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall not include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or any Indemnified Party. In the event that Mortgagee or any of the other Lenders or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' ’ fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) business days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party from and against any and all Losses which Mortgagee or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or such Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that Mortgagee or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. The Mortgagor hereby agrees to protect, indemnify and hold harmless the Mortgagee and each Indemnified Secured Party (collectively, the "INDEMNITEES") from and against any and all Losses losses which the Mortgagee or Indemnified Party any such Indemnitee may incur under or by reason of this Article IIIthe assignment of Leases and Rents, or for any action taken by the Mortgagee or such Indemnified Party any Lender or Indemnitee hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against the Mortgagee or Indemnified Party any such Indemnitee arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by the Mortgagor, but not delivered to the Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that the Mortgagee or any Indemnified Party of the Secured Parties incurs any Losses losses covered by the indemnity set forth in this Section 3.07Section, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Overdue Rate, shall be payable by the Mortgagor to the Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of the Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each of the other Indemnitees and each Indemnified Party related to Mortgagee or such other Indemnitees from and against any and all Losses which Mortgagee or any such other Indemnitees or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or any such other Lender or Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or any such other Indemnitees or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or such other Indemnitees or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or any such other Indemnitees or Indemnified Party. In the event that Mortgagee or any of the other Lenders or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each of the other Indemnitees and each Indemnified Party related to Mortgagee or such other Indemnitees from and against any and all Losses which Mortgagee or any such other Indemnitees or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or any such other Buyer or Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or any such other Indemnitees or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or such other Indemnitees or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or any such other Indemnitees or Indemnified Party. In the event that Mortgagee or any Buyers or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' ’ fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. The Mortgagor hereby agrees to protect, indemnify and hold harmless the Mortgagee and each Indemnified Secured Party (collectively, the "INDEMNITEES") from and against any and all Losses losses which the Mortgagee or Indemnified Party any such Indemnitee may incur under or by reason of this Article IIIthe assignment of Leases and Rents, or for any action taken by the Mortgagee or such Indemnified Party any Bank or Indemnitee hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against the Mortgagee or Indemnified Party any such Indemnitee arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by the Mortgagor, but not delivered to the Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that the Mortgagee or any Indemnified Party of the Secured Parties incurs any Losses losses covered by the indemnity set forth in this Section 3.07Section, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Overdue Rate, shall be payable by the Mortgagor to the Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of the Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party from and against any and all Losses which Mortgagee or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or such Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that Mortgagee or any of the other Holders or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party from and against any and all Losses which Mortgagee or such Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or such Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or Indemnified Party. In the event that Mortgagee or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each Indemnified Party Person from and against any and all Losses which Mortgagee or any such Indemnified Party Person may actually incur under or by reason of this Article III, or for any action taken by Mortgagee or any such Indemnified Party Person hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or any such Indemnified Party Person arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or Indemnified Party, but not include any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or any such Indemnified Party. In the event that Person, in which case Mortgagor shall have no obligation to Mortgagee or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07Person. WITHOUT LIMITATION, the amount thereofTHE FOREGOING INDEMNITY SHALL APPLY TO MORTGAGEE AND EACH INDEMNIFIED PERSON WITH RESPECT TO LOSSES WHICH IN WHOLE OR IN PART ARE CAUSED BY OR ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION OF MORTGAGEE, including reasonable attorneys' fees, with interest thereon at the Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this MortgageSUCH INDEMNIFIED PERSON OR ANY OTHER PERSON. The liabilities of Mortgagor as set forth in this This Section 3.07 shall survive the termination of this Mortgage and the repayment payment and performance of the Senior Secured Note Obligations.

Mortgagor's Indemnities. Mortgagor hereby agrees to protect, indemnify and hold harmless Mortgagee and each of the other Indemnitees and each Indemnified Party related to Mortgagee or such other Indemnitees from and against any and all Losses which Mortgagee or any such other Indemnitees or Indemnified Party may incur under or by reason of this Article III, or for any action taken by Mortgagee or any such other Lender or Indemnified Party hereunder, or by reason or in defense of any and all claims and demands whatsoever which may be asserted against Mortgagee or any such other Indemnitees or Indemnified Party arising out of the Leases, including, without limitation, any claim by any third Person for credit on account of Rents paid to and received by Mortgagor, but not delivered to Mortgagee or its agents, representatives or employees, for any period under any Lease more than one (1) month in advance of the due date thereof. The foregoing indemnity shall include, in any case, such Loss as may result from the ordinary negligence of Mortgagee or such other Indemnitees or Indemnified Party, but not any such Loss that is caused by the gross negligence or willful misconduct of Mortgagee or any such other Indemnitees or Indemnified Party. In the event that Mortgagee or any of the other Lenders or any Indemnified Party incurs any Losses covered by the indemnity set forth in this Section 3.07, the amount thereof, including reasonable attorneys' fees, with interest thereon at the Post-Default Rate, shall be payable by Mortgagor to Mortgagee within ten (10) days after demand therefor, and shall be secured hereby and by all other security for the payment and performance of the Senior Secured Note Obligations, including, without limitation, the lien and security interest of this Mortgage. The liabilities of Mortgagor as set forth in this Section 3.07 shall survive the termination of this Mortgage and the repayment of the Senior Secured Note Obligations.