Indemnification of Mortgagee. Nothing herein contained shall be deemed to obligate Mortgagee to perform or discharge any obligation, duty or liability of any lessor under any Lease of the Property, and Mortgagor shall and does hereby indemnify and hold Mortgagee harmless from any and all liability, loss or damage which Mortgagee may or might incur under any Lease or by reason of the assignment; and any and all such liability, loss or damage incurred by Mortgagee, together with the costs and expenses, including reasonable attorneys’ fees, incurred by Mortgagee in defense of any claims or demands therefor (whether successful or not), shall be additional Secured Obligations, and Mortgagor shall reimburse Mortgagee therefor on demand.
Indemnification of Mortgagee. Mortgagor hereby agrees to and does hereby indemnify, protect, defend and save harmless Mortgagee and its officers, directors, employees, agents, attorneys and shareholders from and against any and all losses, damages, expenses or liabilities of any kind or nature and from any suits, claims or demands, including reasonable counsel fees incurred in investigating or defending such claims, suffered by any of them and caused by, relating to, arising out of, resulting from, or in any way connected with this Mortgage and the transactions contemplated herein, including, but not limited to, (a) disputes between any architect, general contractor, subcontractor, materialman or supplier, or on account of any act or failure to act by Mortgagee in connection with this Mortgage, or (b) losses, damages, expenses or liabilities sustained by Mortgagee pursuant to any provisions contained in any federal, state or local environmental law, ordinance, rule or regulation, or (c) any violation of the covenants and representations contained in Section 4(b)-(j) hereof. THE INDEMNIFICATION OBLIGATIONS OF MORTGAGOR UNDER THIS SECTION 20(b) AND (c) SHALL NOT BE SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 28 HEREOF OR IN THE NOTE. In case any action shall be brought against Mortgagee based upon any of the above and in respect to which indemnity may be sought against Mortgagor, Mortgagee shall promptly notify Mortgagor in writing, and Mortgagor shall assume the defense thereof, including the employment of counsel selected by Mortgagor and satisfactory to Mortgagee, the payment of all costs and expenses and the right to negotiate and consent to settlement. Upon determination made by Mortgagee, Mortgagee shall have the right to employ separate counsel in any such action and to participate in the defense thereof. Mortgagor shall not be liable for any settlement of any such action effected without its consent, but if settled with Mortgagor's consent, or if there be a final judgment for the claimant in any such action, Mortgagor agrees to indemnify and save harmless Mortgagee from and against any loss or liability by reason of such settlement or judgment.
Indemnification of Mortgagee. Except for gross negligence or willful misconduct, Mortgagee shall not be liable for any act or omission or error of judgment. Mortgagee may rely on any document believed by Mortgagee in good faith to be genuine. All money received by Mortgagee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Mortgagee shall not be liable for interest thereon. Mortgagor shall indemnify Mortgagee against all liability and expenses which Mortgagee may incur in the performance of Mortgagee’s duties hereunder.
Indemnification of Mortgagee. Mortgagor agrees to indemnify, to defend and to save and hold Mortgagee harmless from any and all claims, suits, obligations, damages, losses, costs, expenses (including, without limitation, Mortgagee’s reasonable attorney’s fees), demands, liabilities, penalties, fines and forfeitures of any nature whatsoever that may be asserted against or incurred by employees, and agents arising out of or in any manner occasioned by this Mortgage and the exercise of the rights and remedies granted Mortgagee hereunder. The foregoing indemnity provisions shall survive the cancellation of this Mortgage as to all matters arising or accruing prior to such cancellation and the foregoing indemnity shall survive in the event that Mortgagee elects to exercise any of the remedies as provided under this Mortgage following default hereunder; provided, however, the foregoing indemnification shall not apply to any act or omission occurring after Mortgagee has taken possession of or become the owner of the Property.
Indemnification of Mortgagee. To indemnify Mortgagee for and hold Mortgagee harmless from and against any loss suffered or any liability, cost or expense including, without limitation, reasonable attorneys' fees, incurred by Mortgagee on account of any damage to the person or property of the parties hereto or of any third parties by reason of or in connection with the use, operation, maintenance, repair or management of the Premises, whether or not such damage is partly due to the negligence of Mortgagee, or its employees or agents, unless such damage was caused solely by the act or acts of Mortgagee or its employees or agents while on the Premises. Mortgagor shall undertake, at their sole expense and through counsel satisfactory to Mortgagee, the defense of Mortgagee in any lawsuit commenced as the result, or alleged to be the result, of injury or damage occurring by reason of or in connection with the use, operation, maintenance, repair or management of the Premises.
Indemnification of Mortgagee. TO INDEMNIFY MORTGAGEE FOR AND HOLD MORTGAGEE HARMLESS FROM AND AGAINST ANY LOSS SUFFERED OR ANY LIABILITY, COST, OR EXPENSE INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, INCURRED BY MORTGAGEE ON ACCOUNT OF ANY DAMAGE TO THE PERSON OR PROPERTY OF MORTGAGOR, MORTGAGEE OR ANY THIRD PARTIES BY REASON OF OR IN CONNECTION WITH THE CONSTRUCTION, USE, OPERATION, MAINTENANCE, REPAIR AND/OR MANAGEMENT OF THE PROPERTY, WHETHER OR NOT SUCH DAMAGE IS DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF MORTGAGEE, OR ITS EMPLOYEES OR AGENTS. MORTGAGOR SHALL UNDERTAKE, AT ITS SOLE EXPENSE AND THROUGH COUNSEL SATISFACTORY TO MORTGAGEE, THE DEFENSE OF MORTGAGEE IN ANY LAWSUIT COMMENCED AS THE RESULT, OR ALLEGED TO BE THE RESULT, OF INJURY OR DAMAGE OCCURRING BY REASON OF OR IN CONNECTION WITH THE CONSTRUCTION, USE, OPERATION, MAINTENANCE, REPAIR AND/OR MANAGEMENT OF THE PROPERTY.
Indemnification of Mortgagee. MORTGAGOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS MORTGAGEE, ITS DIRECTORS, OFFICER, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING MORTGAGEE’S ATTORNEYS’ FEES), DEMANDS, LIABILITIES, PENALTIES, FINES AND FORFEITURES OF ANY NATURE WHATSOEVER, THAT MAY BE ASSERTED AGAINST OR INCURRED BY MORTGAGEE, ARISING OUT OF OR IN ANY WAY OCCASIONED BY THIS MORTGAGE OR THE RIGHTS AND REMEDIES GRANTED TO AND IN FAVOR OF MORTGAGEE HEREUNDER. THE OBLIGATION SET FORTH HEREIN TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MORTGAGEE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL BE SECURED BY THIS MORTGAGE UP TO THE FULL EXTENT OF THE FOREGOING COSTS, EXPENSES, LOSSES, AND LIABILITIES. ADDITIONAL WAIVERS. MORTGAGOR WAIVES ANY HOMESTEAD AND OTHER EXEMPTIONS RELATING TO THE MORTGAGED PROPERTY. THE PARTIES HERETO WAIVE THE PRODUCTION OF MORTGAGE, CONVEYANCE AND ANY AND ALL OTHER CERTIFICATES AND RELEASE AND RELIEVE THE NOTARY PUBLIC BEFORE WHOM THIS MORTGAGE WAS PASSED FROM ALL RESPONSIBILITY AND LIABILITY IN CONNECTION THEREWITH. GENERAL PROVISIONS. THE FOLLOWING GENERAL PROVISIONS ARE A PART OF THIS MORTGAGE:
Indemnification of Mortgagee. To indemnify Mortgagee for and hold Mortgagee harmless from and against any loss suffered or any liability, cost or expense, including without limitation, reasonable attorneys' fees, incurred by Mortgagee on account of any damage to the person or property of the parties hereto or of any third parties by reason of or in connection with the use, operation, maintenance, repair or management of the Premises, unless such damage is due to the negligence of Mortgagee, or its employees or agents. Mortgagor shall undertake, at its sole expense and through counsel satisfactory to Mortgagee, the defense of Mortgagee in any lawsuit commenced as the result, or alleged to be the result, of injury or damage occurring by reason of or in connection with the use, operation, maintenance, repair or management of the Premises.
Indemnification of Mortgagee. The Mortgagor shall indemnify, defend and save the Mortgagee harmless from and against all Claims (defined below) by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done in, on or about, the Mortgaged Property, and against and from all Claims arising from (a) any condition of the Mortgaged Property, (b) any breach or default on the part of the Mortgagor in the performance of any of its obligations under this Leasehold Mortgage, (c) any contracts entered into in connection with the acquisition, remodeling and construction of the Mortgaged Property, (d) any act or omission of the Mortgagor or of any of its agents, contractors, servants, employees or licensees, and (e) any act or omission of any assignee or sublessee of the Mortgagor, or of any agents, contractors, servants, employees or licensees of any assignee or sublessee of the Mortgagor. The Mortgagor shall indemnify, defend and save the Mortgagee harmless from and against all claims, demands, liabilities, judgments, losses, costs, fees and expenses, including attorneys fees and litigation costs (collectively, “Claims”) (except those which have arisen from the willful misconduct or gross negligence of Mortgagee) incurred in or in connection with any of the foregoing.
Indemnification of Mortgagee
