Common use of LIABILITY OF BRANDYWINE OP Clause in Contracts

LIABILITY OF BRANDYWINE OP. Except for obligations expressly assumed or agreed to be assumed by Brandywine OP hereunder, Brandywine OP is not assuming any obligations of Xxxxxxxx or any liability for claims arising out of any act, omission or occurrence which occurs, accrues or arises prior to the Closing Date, and Xxxxxxxx hereby indemnifies and holds Brandywine OP harmless from and against any and all claims, costs, penalties, damages, losses, liabilities and expenses (including reasonable attorneys' fees) that may at any time be incurred by Brandywine OP as a result of (a) obligations of Xxxxxxxx not expressly assumed or agreed to be assumed by Brandywine OP hereunder, or (b) acts, omissions or occurrences which occur, accrue or arise prior to the Closing Date. Brandywine OP hereby indemnifies and holds Xxxxxxxx harmless from and against any and all claims, costs, penalties, damages, losses, liabilities and expenses (including reasonable attorneys' fees) that may at any time be incurred by Xxxxxxxx as a result of acts, omissions or occurrences relating to the Property arising and accruing from and after the Closing Date. The provisions of this Section shall survive the Closing of the transaction contemplated hereby.

LIABILITY OF BRANDYWINE OP. Except for obligations expressly assumed or agreed to be assumed by Brandywine OP hereunder, Brandywine OP is not assuming any obligations of Xxxxxxxx Xxxxxxxx, the Partnerships or the Corporations or any liability for claims arising out of any act, omission or occurrence which occurs, accrues or arises prior to the Closing DateDate (except to the extent such assumption occurs as a matter of law), and Xxxxxxxx hereby indemnifies and holds Brandywine OP OP, the Partnerships and the Corporations harmless from and against any and all claims, costs, penalties, damages, losses, liabilities and expenses (including reasonable attorneys' fees) that may at any time be incurred by Brandywine OP OP, the Partnerships and the Corporations as a result of (a) obligations of Xxxxxxxx (i) not expressly assumed or agreed to be assumed by Brandywine OP hereunderhereunder or (ii) which Brandywine OP is assuming as a matter of law, but not otherwise expressly assuming hereunder or under any document to be executed on the Closing Date that relate solely to any act, omission or occurrence which occurs, accrues or arises prior to the Closing Date, or (b) acts, omissions or occurrences which occur, accrue or arise prior to the Closing Date. Brandywine OP hereby indemnifies and holds Xxxxxxxx harmless from and against any and all claims, costs, penalties, damages, losses, liabilities and expenses (including reasonable attorneys' fees) that may at any time be incurred by Xxxxxxxx as a result of acts, omissions or occurrences relating to the Property Property, the Partnerships and the Corporation arising and accruing from and after the Closing Date. The provisions of this Section shall survive the Closing of the transaction contemplated hereby.