Common use of Costs; Indemnity Clause in Contracts

Costs; Indemnity. Borrower shall reimburse Agent, on demand, for all of the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other costs incurred by Agent, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent incurs relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender or a Pledgor files any lawsuit against the other predicated on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor shall indemnify Agent and the Lenders for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender may sustain or incur based upon, arising out of, or relating to this Agreement, any of the Obligations, any of the Loans, or any other present or future documents or agreements relating hereto or contemplated hereby, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified or any of its directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such person. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

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Costs; Indemnity. Borrower shall reimburse Agent, on demand, Lender for all of ----------------- the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other reasonable costs incurred by AgentLender, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent incurs Lender incur relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent Lender shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender or a Pledgor Borrower files any lawsuit against the other predicated 'on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costscost, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor Borrower shall indemnify Agent and the Lenders indemnity Lender for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender may sustain or incur based upon, upon or arising out of, or relating to of this Agreement, any of the Obligations, any of the Loansother relationship or agreement between Lender and Borrower, or any other present matter relating to Borrower or future documents or agreements relating hereto or contemplated herebythe Obligations, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified Under or any of its their directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such personLender. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan Agreement (Exten Industries Inc)

Costs; Indemnity. Borrower shall reimburse Agent, on demand, for all of the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other reasonable costs incurred by Agent, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent incurs relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender or a Pledgor Borrower files any lawsuit against the other predicated on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor Borrower shall indemnify Agent and the Lenders for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender may sustain or incur based upon, arising out of, or relating to this Agreement, any of the Obligations, any of the Loans, or any other present or future documents or agreements relating hereto or contemplated hereby, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified or any of its directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such person. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

Costs; Indemnity. Borrower shall reimburse Agent, on demand, Sand Hill and its ---------------- participants for all of the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other reasonable costs incurred by AgentSand Hill and its participants, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent Sand Hill incurs relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent Sand Hill shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender Sand Hill or a Pledgor Borrower files any lawsuit against the other predicated on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor Borrower shall indemnify Agent and the Lenders Sand Hill for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender Sand Hill may sustain or incur based upon, upon or arising out of, or relating to of this Agreement, any of the Obligations, any of the Loansother relationship or agreement between Sand Hill and Borrower, or any other present matter relating to Borrower or future documents or agreements relating hereto or contemplated herebythe Obligations, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified Sand Hill or any of its directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such personSand Hill. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan Agreement (Haht Commerce Inc)

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Costs; Indemnity. Borrower shall reimburse Agent, on demand, Lender for all of the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other reasonable costs incurred by AgentLender, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent incurs Lender incur relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent Lender shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender or a Pledgor Borrower files any lawsuit against the other predicated on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor Borrower shall indemnify Agent and the Lenders Lender for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender may sustain or incur based upon, upon or arising out of, or relating to of this Agreement, any of the Obligations, any of the Loansother relationship or agreement between Lender and Borrower, or any other present matter relating to Borrower or future documents or agreements relating hereto or contemplated herebythe Obligations, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified Lender or any of its their directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such personLender. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Note Payable (Great American Food Chain, Inc.)

Costs; Indemnity. Borrower shall reimburse Agent, on demand, Lenders for all of ---------------- the following ("Costs"): all reasonable attorneys' fees and all reasonable and customary filing, recording, search, title insurance, appraisal, audit, and other reasonable costs incurred by AgentLenders, pursuant to, in connection with, or relating to this Agreement or its enforcement (whether or not any lawsuit is filed), including, but not limited to, any reasonable attorneys' fees and costs Agent incurs Lenders incur relating to the preparation and negotiation of this Agreement and the documents relating to this Agreement. Agent Lenders shall provide an itemized statement of Costs to Borrower, if so requested by Borrower. If either Agent, a Lender Lenders or a Pledgor Borrower files any lawsuit against the other predicated on a breach of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs, including (but not limited to) reasonable attorneys' fees incurred in connection therewith. Each Pledgor Borrower shall indemnify Agent and the Lenders for any losses, claims, actions, causes of action, penalties, and reasonable costs and expenses (including reasonable attorneys' fees), which Agent or any other Lender Lenders may sustain or incur based upon, upon or arising out of, or relating to of this Agreement, any of the Obligations, any of the Loansother relationship or agreement between Lenders and Borrower, or any other present matter relating to Borrower or future documents or agreements relating hereto or contemplated herebythe Obligations, except any such amounts sustained or incurred as the result of the gross negligence or willful misconduct of the person to be indemnified Lenders or any of its their directors, officers, employees, agents, attorneys, or any other person affiliated with or representing such personLenders. The indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Exten Industries Inc)

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