Exceptions to Indemnifications. Notwithstanding the foregoing, indemnity pursuant to Sections 1 or 2 need not be paid by the Company if and then only to the extent that payment is actually made irrevocably and in cash to the Indemnitee under a valid and collectible insurance policy paid for by the Company or under a valid and enforceable indemnity clause, bylaw or agreement of the Company.
Exceptions to Indemnifications. Notwithstanding the provisions of Section 9.1.1 the Lessee shall not be obligated to indemnify any particular Indemnitee (nor any of its Affiliates) under Section 9.1.1 for any Claim to the extent resulting from or arising out of: (i) such Indemnitee’s fraud, gross negligence (it being understood that the Lessee shall be required to indemnify such Indemnitee (subject to the other provisions of this Section 9.1.2) even if the ordinary (but not gross) negligence of such Indemnitee, or any Affiliate thereof, caused or contributed to such Claim) or willful misconduct (other than the fraud, gross negligence or willful misconduct imputed as a matter of law to such Indemnitee solely by reason of entering into the Operative Documents or the consummation of the transactions contemplated thereby); (ii) the breach by such Indemnitee or any of its Affiliates of its respective representations and warranties in this Participation Agreement or any other Operative Document, or the breach by such Indemnitee or any of its Affiliates of its covenants as set forth in this Participation Agreement or in any other Operative Document; (iii) any Claim resulting from the imposition of any Lessor Lien attributable to such Indemnitee or its Affiliates; (iv) any Claim for environmental liability, which liability is addressed in Section 9.5; (v) any Claim to the extent attributable to acts or events which occur after the expiration of the Lease Term or earlier termination of the Lease and the return by the Lessee of the Facility in accordance with the terms thereof (except (A) to the extent fairly attributable to acts, events, liabilities or damages occurring or accruing prior thereto; (B) Claims arising following the termination or expiration of the Lease Term so long as the Administrative Agent or any Participant continues to exercise remedies against the Lessee in respect of the Operative Documents and (C) Claims arising after the expiration of the Lease Term so long as the Lessor is remarketing the Facility (or any interest therein) in accordance with Section 7.1 of the Lease); (vi) any Claim in respect of Taxes (such claims to be subject to Section 9.2), other than a payment to make payments under Section 9.1 or 9.1.2 on an after-tax basis as provided in Section 9.4; (vii) with respect to any Indemnitee, any expense expressly provided under any of the Operative Documents to be paid or borne by such Indemnitee or its Affiliate; (viii) any Claim to the extent resulting from a volunt...
Exceptions to Indemnifications. Notwithstanding the foregoing, no indemnity pursuant to Sections 1 or 2 shall be paid by the Company:
Exceptions to Indemnifications. Notwithstanding the foregoing, no indemnity pursuant to Sections 1 or 2 shall be paid by Nuvera:
Exceptions to Indemnifications. Notwithstanding the foregoing, no indemnity pursuant to Sections 1 or 2 shall be paid by Media Metrix:
Exceptions to Indemnifications. Indemnitee shall be entitled to indemnification under Sections 3(a) and 3(b) above in all circumstances other than with respect to any specific claim, issue or matter involved in the Proceeding out of which Indemnitee’s claim for indemnification has arisen, as follows:
Exceptions to Indemnifications. Notwithstanding the foregoing, no indemnity pursuant to Sections 1 or 2 shall be paid by Scriptgen:
Exceptions to Indemnifications. Notwithstanding the foregoing, no indemnity pursuant to Sections 1 or 2 shall be paid by H Power:
Exceptions to Indemnifications. Notwithstanding anything contained herein to the contrary:
Exceptions to Indemnifications
