Common use of Indemnification; Subrogation Clause in Contracts

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this Mortgage, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower Grantor shall indemnify, defend and hold Lender Grantee harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debtsecured indebtedness, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s Grantee's reasonable attorneys’ ' fees, together with reasonable appellate counsel fees, if any) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender Grantee in connection with the Debtsecured indebtedness, this MortgageSecurity Deed, the Property, or any part thereof, or the exercise by Lender Grantee of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofSecurity Deed; provided, however, that nothing herein shall be construed to obligate Borrower Grantor to indemnify, defend and hold harmless Lender Grantee from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Grantee by reason of Lender’s Grantee's willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower Grantor shall indemnify, defend and hold Lender Beneficiary harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Trust Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s Beneficiary's reasonable attorneys’ ' fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender Beneficiary in connection with the Debt, this MortgageDeed of Trust, the Trust Property, or any part thereof, or the exercise by Lender Beneficiary of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofDeed of Trust; provided, however, that nothing herein shall be construed to obligate Borrower Grantor to indemnify, defend and hold harmless Lender Beneficiary from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Beneficiary by reason of Lender’s Beneficiary's willful misconduct or gross negligencenegligence or in connection with Beneficiary effecting a Secondary Market Transaction.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this MortgageDeed of Trust, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage Deed of Trust or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this MortgageSecurity Deed, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage Security Deed or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) if Lender is made a party to any action, claim or litigation in connection with the Debt, this Deed of Trust, the Property, or any part thereof, the exercise by Lender of any rights or remedies granted to it under this Deed of Trust or arise from the information provided in accordance with the terms hereof (a “Proceeding”), any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this Mortgage, the Property, or any part thereof, or the exercise by Lender reason of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofsuch Proceeding; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this MortgageDeed of Trust, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage Deed of Trust or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Lxxxxx by reason of LenderLxxxxx’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the DebtObligations, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees, together with reasonable appellate counsel fees, if any) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the DebtObligations, this Mortgage, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofMortgage; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower Trustor shall indemnify, defend and hold Lender Beneficiary harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Mortgaged Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s Beneficiary's reasonable attorneys’ ' fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender Beneficiary in connection with the Debt, this MortgageDeed of Trust, the Mortgaged Property, or any part thereof, or the exercise by Lender Beneficiary of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofDeed of Trust; provided, however, that nothing herein shall be construed to obligate Borrower Trustor to indemnify, defend and hold harmless Lender Beneficiary from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Beneficiary by reason of Lender’s Beneficiary's willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower Trustor shall indemnify, defend and hold Lender Beneficiary harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or Property, the DebtSecured Obligations, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including LenderBeneficiary’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender Beneficiary in connection with the DebtSecured Obligations, this MortgageDeed of Trust, the Property, or any part thereof, or the exercise by Lender Beneficiary of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofDeed of Trust; provided, however, that nothing herein shall be construed to obligate Borrower Trustor to indemnify, defend and hold harmless Lender Beneficiary from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Beneficiary by reason of LenderBeneficiary’s willful misconduct or gross negligencenegligence as finally determined by a court of competent jurisdiction.

Indemnification; Subrogation. (a) Borrower Grantor shall indemnify, defend and hold Lender Beneficiary harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Trust Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s Beneficiary's reasonable attorneys’ ' fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender Beneficiary in connection with the Debt, this MortgageDeed of Trust, the Trust Property, or any part thereof, or the exercise by Lender Beneficiary of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofDeed of Trust; provided, -------- however, that nothing herein shall be construed to obligate Borrower Grantor to ------- indemnify, defend and hold harmless Lender Beneficiary from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender Beneficiary by reason of Lender’s Beneficiary's willful misconduct or gross negligencenegligence or in connection with Beneficiary effecting a Secondary Market Transaction.

Indemnification; Subrogation. (a) Borrower Borrowers shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the any Individual Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this MortgageAgreement, the Propertyother Loan Documents, the Individual Properties, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage Agreement, any Debenture or arise from the information provided in accordance with the terms hereofother Loan Documents; provided, however, that nothing herein shall be construed to obligate Borrower Borrowers to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this Mortgage, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereof; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this Mortgage, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereof; providedprovided , howeverhowever , that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.

Indemnification; Subrogation. (a) Borrower shall indemnify, defend and hold Lender harmless against: (i) any and all claims for brokerage, leasing, finders or similar fees which may be made relating to the Property or the Debt, and (ii) any and all liability, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including Lender’s reasonable attorneys’ fees, together with reasonable appellate counsel fees, if any) of whatever kind or nature which may be asserted against, imposed on or incurred by Lender in connection with the Debt, this MortgageAgreement, the other Loan Documents, the Property, or any part thereof, or the exercise by Lender of any rights or remedies granted to it under this Mortgage or arise from the information provided in accordance with the terms hereofAgreement; provided, however, that nothing herein shall be construed to obligate Borrower to indemnify, defend and hold harmless Lender from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses enacted against, imposed on or incurred by Lender by reason of Lender’s willful misconduct or gross negligence.