Common use of Purchaser’s Agreement to Indemnify Clause in Contracts

Purchaser’s Agreement to Indemnify. Purchaser indemnifies and holds Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees actually incurred) arising out of Purchaser's inspections or tests permitted under this Agreement or any violation of the provisions of Sections 4.3, 4.8 and 4.10; provided, however, the indemnity shall not extend to protect Seller, Seller’s negligence or wilful misconduct or from any pre-existing liabilities for matters merely discovered by Purchaser (i.e., latent environmental contamination) so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. Purchaser also indemnifies and holds Seller harmless from and against any claim or cause of action asserted by any tenant arising from Purchaser's breach of its obligation under Section 4.8 above to maintain the confidential nature of any Property Documents or other information relative to such tenant. Purchaser's obligations under this Section 4.11 shall survive the termination of this Agreement and shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Preferred Apartment Communities Inc)

AutoNDA by SimpleDocs

Purchaser’s Agreement to Indemnify. Purchaser indemnifies and holds Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees actually incurred’ fees) arising out of Purchaser's ’s inspections or tests permitted under this Agreement or any violation of the provisions of Sections 4.34.2, 4.8 4.7 and 4.104.9; provided, however, the indemnity shall not extend to protect Seller, Seller’s negligence or wilful misconduct or Seller from any pre-existing liabilities for matters merely discovered by Purchaser (i.e., latent environmental contamination) so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. Purchaser also indemnifies and holds Seller and any tenant harmless from and against any claim and all claims, causes of action, damages, liabilities and expenses which such tenant may suffer or cause of action asserted by any tenant arising from incur due to Purchaser's ’s breach of its obligation under Section 4.8 above to maintain the confidential nature of any Property Documents or other information relative to such tenant. Purchaser's ’s obligations under this Section 4.11 4.10 shall survive the termination of this Agreement and shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Inland Western Retail Real Estate Trust Inc)

Purchaser’s Agreement to Indemnify. Purchaser indemnifies and holds Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees actually incurred’ fees) arising out of Purchaser's ’s inspections or tests permitted under this Agreement or any violation of the provisions of Sections 4.3, 4.8 and 4.10; provided, however, the indemnity shall not extend to protect Seller, Seller’s negligence or wilful misconduct or Seller from any pre-existing liabilities for matters merely discovered by Purchaser (i.e., latent environmental contamination) contamination so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Sellerliabilities). Purchaser also indemnifies and holds Seller any tenant harmless from and against any claim and all claims, causes of action, damages, liabilities and expenses which such tenant may suffer or cause of action asserted by any tenant arising from incur due to Purchaser's ’s breach of its obligation under Section 4.8 above to maintain the confidential nature of any Property Documents or other information relative to such tenant. Purchaser's ’s obligations under this Section 4.11 shall survive the termination of this Agreement and shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Plymouth Industrial REIT Inc.)

AutoNDA by SimpleDocs

Purchaser’s Agreement to Indemnify. Purchaser indemnifies hereby agrees to indemnify, defend and holds hold Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys' fees actually incurred’ fees) arising out of Purchaser's ’s inspections or tests permitted under this Agreement or any violation of the provisions of Sections Section 4.3, 4.8 Section 4.7, and 4.10Section 4.9, including any and all claims or causes of action which a Tenant may bring against Seller arising out of Purchaser’s breach of its obligation under Section 4.7 above to maintain the confidential nature of any Property Documents or other information relative to such Tenant; provided, however, the indemnity shall not extend to protect Seller, Seller’s negligence or wilful misconduct or Seller from any pre-existing liabilities for matters merely discovered by Purchaser (i.e., latent environmental contamination) so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. Purchaser also indemnifies and holds Seller harmless from and against any claim or cause of action asserted by any tenant arising from Purchaser's breach of its obligation under Section 4.8 above to maintain the confidential nature of any Property Documents or other information relative to such tenant. Purchaser's ’s obligations under this Section 4.11 4.10 shall survive the termination of this Agreement and shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Ii Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.