Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by an Indemnitee or to any Claim asserted against an Indemnitee to the extent such Loss or Claim has resulted from the gross negligence or wilful misconduct (as determined by a final, non-appealable decision of a court of competent jurisdiction) of that Indemnitee; or (ii) any Losses with respect to Excluded Taxes or Indemnified Taxes for which an Indemnitee may claim an indemnity from an Obligor pursuant to Section 5.5(b) of this Agreement.
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Samples: Credit Agreement (Celestica Inc), Designated Subsidiary Agreement (Celestica Inc)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by an Indemnitee the Indemnitees or any of them or to any Claim asserted against an Indemnitee the Indemnitees or any of them to the extent such Loss or Claim has resulted from the gross negligence or wilful misconduct (as determined by a final, non-appealable decision of a court of competent jurisdiction) of that Indemniteethe Indemnitees or any of them; or (ii) any Losses with respect to Excluded Taxes or Indemnified Taxes for which an Indemnitee may claim an indemnity from an Obligor pursuant to Section 5.5(b) of this Agreement.
Appears in 2 contracts
Samples: Revolving Term Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by an Indemnitee the Indemnitees or any of them or to any Claim asserted against an Indemnitee the Indemnitees or any of them to the extent such Loss or Claim has resulted from the gross negligence or wilful misconduct (as determined by a final, non-appealable decision of a court of competent jurisdiction) of that Indemniteethe Indemnitees or any of them; or (ii) any Losses with respect to Excluded Taxes or Indemnified Taxes for which an Indemnitee may claim an indemnity from an Obligor pursuant to Section 5.5(b) of this Agreement.. 107
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Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by an Indemnitee the Indemnitees or any of them or to any Claim asserted against an Indemnitee the Indemnitees or any of them to the extent such Loss or Claim has resulted from the gross negligence or wilful misconduct (as determined by a final, non-appealable decision of a court of competent jurisdiction) of that Indemniteethe Indemnitees or any of them; or (ii) any Losses with respect to Excluded Taxes or Indemnified Taxes for which an Indemnitee may claim an indemnity from an Obligor pursuant to Section 5.5(b5.8(b) of this Agreement.
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