Common use of Specific Environmental Indemnification Clause in Contracts

Specific Environmental Indemnification. Each of the Borrowers will defend and indemnify each Lender and the Agent (and each of their directors, officers, employees, affiliates, agents and representatives) and hold each harmless at all times from and against any and all costs, losses, damages, expenses, judgments, suits, claims, awards, fines, sanctions and liabilities whatsoever (including any reasonable out-of-pocket costs or expenses for preparing any necessary environmental assessment report or other such other reports) by a third party against any Lender or the Agent (and each of their directors, officers, employees, affiliates, agents and representatives) or any of them related to or as a result of (i) any release, deposit, discharge, or disposal of any Hazardous Substance in connection with the property or business of the Obligors; and (ii) the remedial actions (if any) taken by the Agent on behalf of the Lenders, in respect of such release, deposit, discharge or disposal; or (iii) a failure by any Obligor or any Unrestricted Subsidiary to comply with Requirements of Environmental Law. The applicable Borrower will have the sole right, at its expense, to control any such legal action or claim and to settle on terms and conditions approved by such Borrower and approved by the party named in such legal action or claim whether it be the Lenders or the Agent, or any of them acting reasonably provided that if, in the opinion of the Lenders or the Agent, or any of them as the case may be, the interests of the Lenders or the Agent or any of them are different from those of such Borrower in connection with such legal action or claim, the Lenders or the Agent or any of them will have the sole right, at such Borrower’s expense, to defend their own interests provided that any settlement of such legal action or claim will be on terms and conditions approved by such Borrower, acting reasonably. If a Borrower does not defend the legal action or claim, the Agent and the Lenders will have the right to do so on their own behalf and on behalf of such Borrower, as the case may be, at the expense of the Borrowers. The defence and indemnity obligations contained throughout this Agreement will survive the termination of this Agreement and repayment of the Obligations.

Specific Environmental Indemnification. Each of the Borrowers The Borrower will defend and indemnify each the Lender and the Agent (and each of their directors, officers, employees, affiliates, agents and representativesits Related Parties) and hold each of them harmless at all times from and against any and all costs, losses, damages, expenses, judgments, suits, claims, awards, fines, sanctions and liabilities whatsoever (including any reasonable out-of-pocket costs or expenses for preparing any necessary environmental assessment report or other such other reports) by a third party against any the Lender or the Agent (and each of their directors, officers, employees, affiliates, agents and representativesits Related Parties) or any of them related to or as a result of (i) any release, deposit, discharge, or disposal Release of any Hazardous Substance Materials in connection with the property or business of the ObligorsBorrower or its Subsidiaries; and (ii) the remedial actions (if any) taken by the Agent on behalf of the LendersLender, in respect of such release, deposit, discharge or disposalRelease; or (iii) a failure by any Obligor Borrower or any Unrestricted Subsidiary its Subsidiaries to comply with Requirements of Environmental Law. The applicable Borrower will have the sole right, at its expense, to control any such legal action or claim and to settle on terms and conditions approved by such the Borrower and approved by the party named in such legal action or claim whether it be of the Lenders or the AgentLender, or any of them acting reasonably provided that that, if, in the opinion of the Lenders or the Agent, or any of them as the case may beLender, the interests of the Lenders or the Agent or any of them Lender, as applicable, are different from those of such the Borrower in connection with such legal action or claim, the Lenders or the Agent or any of them Lender will have the sole right, at such the Borrower’s expense, to defend their its own interests interests, provided that any settlement of such legal action or claim will be on terms and conditions approved by such the Borrower, acting reasonably. If a the Borrower does not defend the legal action or claim, the Agent and the Lenders Lender will have the right to do so on their its own behalf and on behalf of such the Borrower, as the case may be, at the expense of the BorrowersBorrower. The defence and indemnity obligations contained throughout this Agreement will survive the termination of this Agreement and repayment of the Obligations.

Specific Environmental Indemnification. Each of the Borrowers The Borrower will defend and indemnify each Lender and the Agent (and each of their directors, officers, employees, affiliates, agents and representatives) and hold each harmless at all times from and against any and all costs, losses, damages, expenses, judgments, suits, claims, awards, fines, sanctions and liabilities whatsoever (including any reasonable out-of-pocket costs or expenses for preparing any necessary environmental assessment report or other such other reports) by a third party against any Lender or the Agent (and each of their directors, officers, employees, affiliates, agents and representatives) or any of them related to or as a result of (i) any release, deposit, discharge, or disposal of any Hazardous Substance in connection with the property or business of the Obligors; and (ii) the remedial actions (if any) taken by the Agent on behalf of the Lenders, in respect of such release, deposit, discharge or disposal; or (iii) a failure by any Obligor or any Unrestricted Subsidiary to comply with Requirements of Environmental Law. The applicable Borrower will have the sole right, at its expense, to control any such legal action or claim and to settle on terms and conditions approved by such the Borrower and approved by the party named in such legal action or claim whether it be the Lenders or the Agent, or any of them acting reasonably provided that if, in the opinion of the Lenders or the Agent, or any of them as the case may be, the interests of the Lenders or the Agent or any of them are different from those of such the Borrower in connection with such legal action or claim, the Lenders or the Agent or any of them will have the sole right, at such the Borrower’s expense, to defend their own interests provided that any settlement of such legal action or claim will be on terms and conditions approved by such the Borrower, acting reasonably. If a the Borrower does not defend the legal action or claim, the Agent and the Lenders will have the right to do so on their own behalf and on behalf of such the Borrower, as the case may be, at the expense of the BorrowersBorrower. The defence and indemnity obligations contained throughout this Agreement will survive the termination of this Agreement and repayment of the Obligations.