Survival of Warranties and Indemnification. All the warranties and representations given by TAI in Section 11.3 herein or elsewhere in this Agreement, all of which are relied upon by the Cargill, shall survive the Effective Date hereof. TAI agrees to indemnify and hold Cargill harmless from and against any loss, damage, claim, liability, cost, expense or penalty (including reasonable attorneys' fees) which Cargill may incur or sustain after the Effective Date resulting from or arising out of any breach of any of said representations and warranties.
Appears in 2 contracts
Samples: Marketing Agreement (Andersons Inc), Marketing Agreement (Andersons Inc)
Survival of Warranties and Indemnification. All the warranties and representations given by TAI Cargill in Section 11.3 11.1 herein or elsewhere in this Agreement, all of which are relied upon by the CargillTAI, shall survive the Effective Date hereof. TAI Cargill agrees to indemnify and hold Cargill TAI harmless from and against any loss, damage, claim, liability, cost, expense or penalty (including reasonable attorneys' fees) which Cargill TAI may incur or sustain after the Effective Date resulting from or arising out of any breach of any of said representations and warranties.
Appears in 2 contracts
Samples: Marketing Agreement (Andersons Inc), Marketing Agreement (Andersons Inc)
Survival of Warranties and Indemnification. All the warranties and representations given by TAI Cargill in Section 11.3 7.1 herein or elsewhere in this Agreement, all of which are relied upon by the CargillTAI, shall survive the Effective Date hereof. TAI Cargill agrees to indemnify and hold Cargill AI harmless from and against any loss, damage, claim, liability, cost, expense or penalty (including reasonable attorneys' β fees) which Cargill TAI may incur or sustain after the Effective Date resulting from or arising out of any breach of any of said representations and warranties.
Appears in 2 contracts
Samples: Marketing Agreement (Andersons, Inc.), Marketing Agreement (Andersons Inc)
Survival of Warranties and Indemnification. All the warranties and representations given by TAI in Section 11.3 7.3 herein or elsewhere in this Agreement, all of which are relied upon by the Cargill, shall survive the Effective Date hereof. TAI agrees to indemnify and hold Cargill harmless from and against any loss, damage, claim, liability, cost, expense or penalty (including reasonable attorneys' β fees) which Cargill may incur or sustain after the Effective Date resulting from or arising out of any breach of any of said representations and warranties.
Appears in 2 contracts
Samples: Marketing Agreement (Andersons, Inc.), Marketing Agreement (Andersons Inc)