Common use of Seller’s Non-Environmental Indemnity Obligation Clause in Contracts

Seller’s Non-Environmental Indemnity Obligation. Seller shall, ----------------------------------------------- subject to the limitations set forth below, release Buyer from and shall fully protect, indemnify and defend Buyer, its officers, agents, employees and Affiliates ("Buyer Group") and hold them harmless from and against any and all Non-Environmental Claims, and any and all occurrences and conditions which would otherwise constitute Non-Environmental Claims but which are asserted by Seller, its officers, agents, employees and Affiliates ("Seller Group"), relating to, arising out of, or connected, directly or indirectly, with the ownership or operation of the Properties, or any part thereof, pertaining to the period of time prior to Closing, including without limitation, Non- Environmental Claims relating to: (a) injury or death of any person or persons whomsoever, (b) damages to or loss of any property or resources, (c) common law causes of action such as negligence, gross negligence, strict liability, nuisance or trespass, and/or (d) fault imposed by statute, rule, regulation or otherwise. The indemnity obligation and release provided herein shall apply regardless of cause or of any negligent acts or omissions of Buyer Group. Notwithstanding anything contained in this Agreement to the contrary, Seller shall have no obligation under this Agreement or otherwise to protect, indemnify, defend and hold harmless Buyer Group from and against any one or more of the following:

Seller’s Non-Environmental Indemnity Obligation. From and after the Closing Date, Seller shall, ----------------------------------------------- shall release Buyer Group from and subject to the limitations set forth belowin this Agreement, release Buyer from and shall fully protect, defend, indemnify and defend Buyer, its officers, agents, employees and Affiliates ("hold Buyer Group") and hold them Group harmless from and against any and (a) all Non-Environmental Claims, and any and all occurrences and conditions which would otherwise constitute Non-Environmental Claims but which are asserted by Seller, its officers, agents, employees and Affiliates ("Seller Group"), to the extent relating to, arising out of, or connectedconnected with, directly or indirectly, with the ownership or operation of the Properties, Properties or any part thereof, pertaining thereof prior to the period of time prior to ClosingClosing Date, including without limitation, Non- Non-Environmental Claims relating to: (ai) injury or death of any person or persons whomsoever, (bii) damages to or loss of any property or resources, (ciii) common law breach of contract, (iv) causes of action such as negligence, gross negligence, strict liability, nuisance or trespass, and/or or (dv) fault imposed by statuteLaw or otherwise and (b) all Claims arising out of any breach by Seller of Seller’s representations, rulewarranties, regulation covenants or otherwiseagreements set forth in this Agreement. The These indemnity obligation and release provided herein shall defense obligations apply regardless of cause or of any negligent acts or omissions (including sole negligence, concurrent negligence or strict liability), breach of duty (statutory or otherwise), violation of law, or other fault of Buyer Group. Notwithstanding anything contained in this Agreement to the contrary, Seller shall have no obligation under this Agreement or otherwise to protect, indemnify, defend and hold harmless Buyer Group from and against any one or more of the following:pre-existing defect.

Seller’s Non-Environmental Indemnity Obligation. From and after the Closing Date, Seller shall, ----------------------------------------------- shall release Buyer Group from and subject to the limitations set forth belowin this Agreement, release Buyer from and shall fully protect, defend, indemnify and defend Buyer, its officers, agents, employees and Affiliates ("hold Buyer Group") and hold them Group harmless from and against any and (a) all Non-Environmental Claims, and any and all occurrences and conditions which would otherwise constitute Non-Environmental Claims but which are asserted by Seller, its officers, agents, employees and Affiliates ("Seller Group"), to the extent relating to, arising out of, or connectedconnected with, directly or indirectly, with the ownership or operation of the Properties, Properties or any part thereof, pertaining thereof prior to the period of time prior to ClosingClosing Date, including without limitation, Non- Non-Environmental Claims relating to: (ai) injury or death of any person or persons whomsoever, (bii) damages to or loss of any property or resources, (ciii) breach of contract, (iv) common law causes of action such as negligence, gross negligence, strict liability, nuisance or trespass, and/or or (dv) fault imposed by statuteLaw or otherwise and (b) all Claims arising out of any breach by Seller of Seller’s representations, rulewarranties, regulation covenants or otherwiseagreements set forth in this Agreement. The These indemnity obligation and release provided herein shall defense obligations apply regardless of cause or of any negligent acts or omissions (including sole negligence, concurrent negligence or strict liability), breach of duty (statutory or otherwise), violation of law, or other fault of Buyer Group. Notwithstanding anything contained in this Agreement to the contrary, Seller shall have no obligation under this Agreement or otherwise to protect, indemnify, defend and hold harmless Buyer Group from and against any one or more of the following:pre-existing defect.

Seller’s Non-Environmental Indemnity Obligation. From and after the Closing Date, Seller shall, ----------------------------------------------- shall release Buyer Group from and subject to the limitations set forth belowin this Agreement, release Buyer from and shall fully protect, defend, indemnify and defend Buyer, its officers, agents, employees and Affiliates ("hold Buyer Group") and hold them Group harmless from and against any and (a) all Non-Environmental Claims, and any and all occurrences and conditions which would otherwise constitute Non-Non- Environmental Claims but which are asserted by Seller, its officers, agents, employees and Affiliates ("Seller Group"), to the extent relating to, arising out of, or connectedconnected with, directly or indirectly, with the ownership or operation of the Properties, Properties or any part thereof, pertaining thereof prior to the period of time prior to ClosingClosing Date, including without limitation, Non- Non-Environmental Claims relating to: (ai) injury or death of any person or persons whomsoever, (bii) damages to or loss of any property or resources, (ciii) breach of contract, (iv) common law causes of action such as negligence, gross negligence, strict liability, nuisance or trespass, and/or or (dv) fault imposed by statuteLaw or otherwise and (b) all Claims arising out of any breach by Seller of Seller’s representations, rulewarranties, regulation covenants or otherwiseagreements set forth in this Agreement. The These indemnity obligation and release provided herein shall defense obligations apply regardless of cause or of any negligent acts or omissions (including sole negligence, concurrent negligence or strict liability), breach of duty (statutory or otherwise), violation of law, or other fault of Buyer Group. Notwithstanding anything contained in this Agreement to the contrary, Seller shall have no obligation under this Agreement or otherwise to protect, indemnify, defend and hold harmless Buyer Group from and against any one or more of the following:pre-existing defect.