Common use of Costs, Expenses and Indemnity Clause in Contracts

Costs, Expenses and Indemnity. (a) The Borrower shall, whether or not the transaction contemplated in this Agreement are completed, indemnify and hold the Lenders and their respective officers, directors, employees and agents (each an “Indemnified Person”) harmless from, and shall pay to such Indemnified Person on demand, any amounts required to compensate the Indemnified Person for, any claim or loss suffered by, imposed on, or asserted against, the Indemnified Person as a result of, connected with or arising out of (i) a default (whether or not constituting a Default or an Event of Default) by the Borrower, (ii) any proceedings brought against the Indemnified Person due to its entering into of any of the Loan Documents and performing its obligations under the Loan Documents except to the extent caused by the gross negligence or wilful misconduct of an Indemnified Person, and (iii) the presence at, on or under or the discharge or likely discharge of contaminants from any of the Subject Properties or any of the properties now or previously used by the Borrower or any of its Subsidiaries, or the breach by or non-compliance with any Environmental Law by any mortgagor, owner, or lessee of such properties, except to the extent that any of the same have been caused by an Indemnified Party.

Costs, Expenses and Indemnity. (a1) The Borrower Borrowers shall, whether or not the transaction transactions contemplated in this Agreement are completed, indemnify and hold each of the Lenders and the Administrative Agent and each of their respective officers, directors, employees and agents (each an “"Indemnified Person”") harmless from, and shall pay to such Indemnified Person on demand, demand any amounts required to compensate the Indemnified Person for, any claim or loss suffered by, imposed on, or asserted against, the Indemnified Person as a result of, connected with or arising out of (i) a default (whether or not constituting a Default or an Event of Default) by the a Borrower, (ii) any proceedings brought against the Indemnified Person due to its entering into of any of the Loan Credit Documents and performing its obligations under the Loan Credit Documents except to the extent caused by the gross negligence or wilful willful misconduct of an the Indemnified Person, and (iii) the presence of contaminants at, on or under under, or the discharge or likely discharge of contaminants from from, any of the Subject Properties or any of the 96 -95- properties now or previously used by the Borrower Borrowers or any of its their Subsidiaries, or the breach by by, or non-compliance with with, any Environmental Law by any mortgagor, owner, or lessee of such properties, except to the extent that any of the same have been caused by an Indemnified Party.

Costs, Expenses and Indemnity. (a1) The Borrower Borrowers shall, whether or not the transaction transactions contemplated in this Agreement are completed, indemnify and hold each of the Lenders and the Administrative Agent and each of their respective officers, directors, employees and agents (each an “"Indemnified Person”") harmless from, and shall pay to such Indemnified Person on demand, demand any amounts required to compensate the Indemnified Person for, any claim or loss suffered by, imposed on, or asserted against, the Indemnified Person as a result of, connected with or arising out of (i) a default (whether or not constituting a Default or an Event of Default) by the a Borrower, (ii) any proceedings brought against the Indemnified Person due to its entering into of any of the Loan Credit Documents and performing its obligations under the Loan Credit Documents except to the extent caused by the gross negligence or wilful willful misconduct of an the Indemnified Person, and (iii) the presence of Hazardous Substances at, above, on or under under, or the discharge Release or likely discharge Release of contaminants from any of the Subject Properties or Hazardous Substances from, any of the properties now or previously used by the Borrower Borrowers or any of its their Subsidiaries, or the breach by by, or non-compliance with with, any Environmental Law by any mortgagor, owner, or lessee of such properties, except to the extent that any of the same have been caused by an Indemnified Party.

Costs, Expenses and Indemnity. (a) The Borrower shall, whether or not the transaction contemplated in this Agreement are completed, indemnify and hold the Lenders Lender and their respective its officers, directors, employees and agents (each an “"Indemnified Person”") harmless from, and shall pay to such Indemnified Person on demand, any amounts required to compensate the Indemnified Person for, any claim or loss suffered by, imposed on, or asserted against, the Indemnified Person as a result of, connected with or arising out of (i) a default (whether or not constituting a Default or an Event of Default) by the Borrower, (ii) any proceedings brought against the Indemnified Person due to its entering into of any of the Loan Documents and performing its obligations under the Loan Documents except to the extent caused by the gross negligence or wilful misconduct of an Indemnified Person, and (iii) the presence at, on or under or the discharge or likely discharge of contaminants from any of the Subject Properties or any of the properties now or previously used by the Borrower or any of its Subsidiaries, or the breach by or non-compliance with any Environmental Law by any mortgagor, owner, or lessee of such properties, except to the extent that any of the same have been caused by an Indemnified Party.