Common use of Indemnified Person Defined Clause in Contracts

Indemnified Person Defined. For the purposes of this Section 7.2, “Indemnified Person” means Owner Participant, Owner Trustee, Trust Company, the Trust, Indenture Trustee, Loan Participant, and each of their respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants, the Trust Estate and the Indenture Estate (the respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants of Owner Participant, Trust Company and Indenture Trustee, as applicable, together with Owner Participant, Owner Trustee and Indenture Trustee, as the case may be, being referred to herein collectively as the “Related Indemnitee Group” of Owner Participant, Owner Trustee and Indenture Trustee, but not Trust Company respectively), provided that as a condition of any obligations of Lessee to pay any indemnity or perform any action under this Section 7.2 with respect to any persons who are not signatories hereto, such persons at the written request of Lessee shall expressly agree in writing to be bound by all the terms of this Section 7.2. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.2(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.2 to the extent such failure to comply has a material adverse effect on Lessee’s ability to defend any such Claim.

Indemnified Person Defined. For the purposes of this Section 7.2, “Indemnified Person” means Owner Participant, Owner Trustee, Trust Company, the Trust, Indenture Trustee, each Loan Participant, and each of their respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants, the Trust Estate and the Indenture Estate (the respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants of Owner Participant, Trust Company Owner Trustee and Indenture Trustee, as applicable, together with Owner Participant, Owner Trustee but not Wilmington Trust Company, and Indenture Trustee, as the case may be, being referred to herein collectively as the “Related Indemnitee Group” of Owner Participant, Owner Indenture Trustee and Indenture Owner Trustee, but not Wilmington Trust Company respectively), provided that as a condition of any obligations of Lessee to pay any indemnity or perform any action under this Section 7.2 with respect to any persons who are not signatories hereto, such persons at the written request of Lessee shall expressly agree in writing to be bound by all the terms of this Section 7.2. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.2(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.2 to the extent such failure to comply has a material adverse effect on Lessee’s ability to defend any such Claim.

Indemnified Person Defined. For the purposes of this Section 7.2, “Indemnified Person” means Owner Participant, Owner Trustee, Trust Company, the Trust, Indenture Trustee, Loan Participant, and each of their respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants, the Trust Estate and the Indenture Estate (the respective directors, officers, employees, shareholders, constituent investors or partners, Affiliates, successors and permitted assigns, agents and servants of Owner Participant, Trust Company Owner Trustee and Indenture Trustee, as applicable, together with Owner ParticipantParticipant (in the case of Owner Trustee), Owner Trustee (in the case of Owner Participant) but not Wilmington Trust Company, and Indenture Trustee, as the case may be, being referred to herein collectively as the “Related Indemnitee Group” of Owner Participant, Owner Indenture Trustee and Indenture Owner Trustee, but not Wilmington Trust Company respectively), provided that as a condition of any obligations of Lessee to pay any indemnity or perform any action under this Section 7.2 with respect to any persons who are not signatories hereto, such persons at the written request of Lessee shall expressly agree in writing to be bound by all the terms of this Section 7.2. In the event that any Indemnified Person fails, after notice to such Indemnified Person referring to this sentence, to comply with any duty or obligation under Section 7.2(e) and (f), such Indemnified Person shall not be entitled to indemnity under this Section 7.2 to the extent such failure to comply has a material adverse effect on Lessee’s ability to defend any such Claim.