Common use of Without limiting the generality Clause in Contracts

Without limiting the generality. of Section 11.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, the Lenders and NCMI, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and other experts' fees and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 shall survive the Facility Termination Date and expiration or termination of this Agreement;

Without limiting the generality. of Section 11.913.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 9.16 shall survive repayment of the Obligations, or the Facility Termination Date and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.913.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 9.16 shall survive repayment of the Obligations, occurrence of the Facility Termination Date and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.9--------------- 12.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 8.16 shall survive repayment of the ------------ Obligations or the Facility Termination Date and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.9, the each Borrower hereby agrees jointly and severally to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 shall survive repayment of the Facility Termination Date Obligations and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.913.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 9.15 shall survive repayment of the Obligations, or the Facility Termination Date and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.912.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and other experts' fees and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge disclaim or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 8.15 shall survive repayment of the Obligations or the Facility Revolving Credit Termination Date and expiration or of termination of this Agreement;.

Without limiting the generality. of Section 11.912.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 8.16 shall survive repayment of the Obligations and the Facility Termination Date and expiration or termination of this Agreement;.

Without limiting the generality. of Section 11.912.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and other experts' fees and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge disclaim or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 8.15 shall survive repayment of the Facility Termination Obligations or the Maturity Date and expiration or of termination of this Agreement;.

Without limiting the generality. of Section 11.9, the UniCapital and each Borrower hereby agrees jointly and severally to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the any Borrower or any Subsidiary or with respect to any property owned, operated or leased by the any Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the any Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the any Borrower or any Subsidiary. The provisions of this Section 7.15 shall survive repayment of the Facility Termination Date Obligations and expiration or termination of this Agreement;

Without limiting the generality. of Section 11.913.9, the Borrower hereby agrees to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMIany affiliate of any Lender party to a Swap Agreement, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 9.15 shall survive continue in effect notwithstanding the Facility Termination Date and expiration or termination of this Agreement;Date.

Without limiting the generality. of Section 11.9, the each Borrower hereby agrees jointly and severally to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any Subsidiary. The provisions of this Section 7.15 7.16 shall survive repayment of the Facility Termination Date Obligations and expiration or termination of this Agreement;

Without limiting the generality. of Section 11.9, the Borrower each Credit Party hereby agrees jointly and severally to indemnify and hold the Administrative Agent, Agent and the Lenders and NCMILenders, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, penalties, liabilities, damages and expenses (including assessment and cleanup costs and reasonable attorneys', consultants' and or other experts' fees expert fees, expenses and disbursements) arising directly or indirectly from, out of or by reason of (a) the violation or alleged violation of any Environmental Law by the Borrower or any Subsidiary or with respect to any property owned, operated or leased by the Borrower or any Subsidiary or (b) the use, generation, handling, storage, transportation, treatment, emission, release, discharge or disposal of any Hazardous Materials by or on behalf of the Borrower or any Subsidiary Subsidiary, or on or with respect to property owned or leased or operated by the Borrower or any SubsidiarySubsidiar, except, in each case, where arising out of any actions or inactions by the Agent or any of the Lenders. The provisions of this Section 7.15 shall survive repayment of the Facility Termination Date Obligations and expiration or termination of this Agreement;