Common use of Indemnification by Optionee Clause in Contracts

Indemnification by Optionee. Optionee hereby indemnifies and agrees to defend and hold harmless Optionor, and its officers, directors, employees, agents and successors and assigns ("Optionor Indemnitees"), from and against any and all demands, claims, actions or causes of action, assessments, expenses, costs, damages, losses and liabilities (including attorneys' fees and other charges) which may at any time be asserted against or suffered by any Optionor Indemnitee, whether before or after the date of the Closing, as a result of, on account of or arising from (a) the failure of Optionee to perform any of Optionee's obligations hereunder or, to the extent provided in Section 10.1, the breach by Optionee of any of Optionee's representations and warranties made herein, (b) events, contractual obligations, acts or omissions of Optionee that occurred in connection with the ownership or operation of the Property subsequent to the Closing, (c) damage to property or injury to or death of any person or any claims for any debts or obligations occurring on or about or in connection with the Property or any portion thereof or with respect to the operation of the Property at any time or times subsequent to the Closing, or (d) any damage to the Property caused by Optionee in connection with any studies, investigations or tests conducted by Optionee pursuant to Section 4.2 hereof. The obligations of Optionee under this Section 9.2 shall survive the Closing.

Indemnification by Optionee. Optionee hereby indemnifies and agrees to defend and hold harmless Optionor, and its officers, directors, employees, agents and successors and assigns ("Optionor Indemnitees"), from and against any and all demands, claims, actions or causes of action, assessments, expenses, costs, damages, losses and liabilities (including attorneys' fees and other charges) which may at any time be asserted against or suffered by any Optionor Indemnitee, whether before or after the date of the Closing, as a result of, on account of or arising from (a) the failure of Optionee to perform any of Optionee's obligations hereunder or, to the extent provided in Section 10.1, the breach by Optionee of any of Optionee's representations and warranties made herein, (b) events, contractual obligations, acts or omissions of Optionee that occurred in connection with the ownership or operation of the Property subsequent to the Closing, (c) damage to property or injury to or death of any person or any claims for any debts or obligations occurring on or about or in connection with the Property or any portion thereof or with respect to the operation of the Property at any time or times subsequent to the Closing, or (d) any damage to the Property caused by Optionee in connection with any studies, investigations or tests conducted by Optionee pursuant to Section 4.2 hereof. The obligations of Optionee Optionor under this Section 9.2 shall survive the Closing.