No Liability; Indemnification. (a) The Bank shall not be deemed to have assumed any liability or responsibility to the Borrower or any Person for the correctness, validity or genuineness of any instruments or documents that may be released or endorsed to the Borrower by the Bank (which shall automatically be deemed to be without recourse to the Bank in any event), or for the existence, character, quantity, quality, condition, value or delivery of any goods purporting to be represented by any such documents; and the Bank shall not be deemed to have assumed any obligation or liability to any supplier or Account Debtor or to any other Person. The Borrower hereby agrees to indemnify and defend the Bank and hold it harmless in respect to any claim or proceeding arising out of any matter referred to in this Subsection 13.1.
Appears in 1 contract
Samples: Loan and Security Agreement (New Brunswick Scientific Co Inc)
No Liability; Indemnification. (a) The Bank shall not be deemed to have assumed any liability or responsibility to the Borrower Obligors or any Person for the correctness, validity or genuineness of any instruments or documents that may be released or endorsed to the Borrower any Obligor by the Bank (which shall automatically be deemed to be without recourse to the Bank in any event), or for the existence, character, quantity, quality, condition, value or delivery of any goods purporting to be represented by any such documents; and the Bank shall not be deemed to have assumed any obligation or liability to any supplier or Account Debtor or to any other Person. The Borrower Obligors hereby agrees agree to indemnify and defend the Bank and hold it harmless in respect to any claim or proceeding arising out of any matter referred to in this Subsection 13.110.1(a), except to the extent attributable to the gross negligence or willful misconduct of the Bank.
Appears in 1 contract
No Liability; Indemnification. (a) The Bank shall not be deemed to have assumed any liability or responsibility to the Borrower Obligors or any Person for the correctness, validity or genuineness of any instruments or documents that may be released or endorsed to the Borrower Obligors by the Bank (which shall automatically be deemed to be without recourse to the Bank in any event), or for the existence, character, quantity, quality, condition, value or delivery of any goods purporting to be represented by any such documents; and the Bank shall not be deemed to have assumed any obligation or liability to any supplier or Account Debtor or to any other Person. The Borrower Obligors hereby agrees agree to indemnify and defend the Bank and hold it harmless in respect to any claim or proceeding arising out of any matter referred to in this Subsection 13.110.1(a).
Appears in 1 contract
Samples: Loan and Security Agreement (Boron Lepore & Associates Inc)
No Liability; Indemnification. (a) The Bank Lender shall not be deemed to have assumed any liability or responsibility to the Borrower or any Person for the correctness, validity or genuineness of any instruments or documents that may be released or endorsed to the Borrower by the Bank Lender (which shall automatically be deemed to be without recourse to the Bank Lender in any event), or for the existence, character, quantity, quality, condition, value or delivery of any goods purporting to be represented by any such documents; and the Bank Lender shall not be deemed to have assumed any obligation or liability to any supplier or Account Debtor account debtor or to any other Person. The Borrower hereby agrees to indemnify and defend the Bank Lender and hold it harmless in respect to of any claim or proceeding arising out of any matter referred to in this Subsection 13.1Section 11.10 (a).
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Samples: Loan and Security Agreement (Comstock Homebuilding Companies, Inc.)
No Liability; Indemnification. (a) The Bank shall not be deemed to have assumed any liability or responsibility to the Borrower or any Person for the correctness, validity or genuineness of any instruments or documents that may be released or endorsed to the Borrower by the Bank (which shall automatically be deemed to be without recourse to the Bank in any event), or for the existence, character, quantity, quality, condition, value or delivery of any goods purporting to be represented by any such documents; and the Bank shall not be deemed to have assumed any obligation or liability to any supplier or Account Debtor or to any other Person. The Borrower hereby agrees to indemnify and defend the Bank and hold it harmless in respect to of any claim or proceeding arising out of any matter referred to in this Subsection 13.110.1.
Appears in 1 contract
Samples: Loan and Security Agreement (Forward Industries Inc)