Other Losses. (a) Borrower agrees to defend (subject to Indemnitees’ selection of counsel), indemnify, pay and hold harmless, the Lender and its Affiliates and their respective officers, partners, directors, trustees, employees and agents (each, an “Indemnitee”), from and against any and all Indemnified Liabilities, in all cases, whether or not caused by or arising, in whole or in part, out of the comparative, contributory or sole negligence of such Indemnitee; provided Borrower shall not have any obligation to any Indemnitee hereunder with respect to any Indemnified Liabilities to the extent such Indemnified Liabilities arise from the gross negligence or willful misconduct of such Indemnitee. To the extent that the undertakings to defend, indemnify, pay and hold harmless set forth in this Section 12.03 may be unenforceable in whole or in part because they are violative of any law or public policy, Borrower shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law to the payment and satisfaction of all Indemnified Liabilities incurred by Indemnitees or any of them.
Other Losses. All losses of Leases committed to this Agreement, other than those set forth in Articles IV.B.1 and IV.B.2 above, shall be joint losses and shall be borne by all Parties in proportion to their interests shown in Exhibit A. This shall include but not be limited to the loss of any Lease through failure to develop or because express or implied covenants have not been performed (other than performance which requires only the payment of money), and the loss of any Lease by expiration at the end of its primary term if it is not renewed or extended. There shall be no readjustment of interests in the remaining portion of the Contract Area on account of any joint loss.
Other Losses. Any Net Losses not allocable to the Limited Partners pursuant to Section 6.06(a) shall be allocated to the General Partner.
Other Losses. Losses not covered by the above stated policies because of deductibles and policy limits stated above shall be borne according to the liability and indemnity provisions of this Charter.
Other Losses. All items of Loss that are not otherwise allocated in this Section 3.2 shall be allocated among the Members in accordance with their respective contributions to the costs producing each such deduction or to the adjusted basis of the Asset producing each such other Loss.
Other Losses. All losses incurred other then those set forth in Articles IV B.1 and IV B.2 above shall be join losses and shall be home by all parties in proportion to their interests. There shall be no readjustment of interests in the renaming portion of the Contact Area.
Other Losses. 1. The Contracting Party in whose territory the investment was harmed investors of the other Contracting Party owing to war or other armed conflict, civil unrest, state of emergency or other similar circumstances, thus providing investors with regard to the recovery of property, compensation and other forms of settlement are not mode less favorable than that it accords to investors of any third state.
Other Losses. It is acknowledged that Vancity, as a matter of practice, will be entering into a corresponding contract with respect to each Contract in order either to have on hand the Currency to be sold to the Member on the Delivery Date, or to dispose of the Currency to be purchased from the Member on the Delivery Date. Accordingly, if the Member fails to complete any Contract, Vancity will suffer a loss directly proportionate to the amount, if any, by which the exchange rate declines between the date of the Confirmation and the Delivery Date or earlier date of sale of the Currency being sold by Vancity under such Contract, or will suffer a loss directly proportionate to the amount, if any, by which the exchange rate increases between the date of the Confirmation and the Delivery Date or earlier date of purchase of the Currency being purchased by Vancity under such Contract. The Member hereby agrees to pay the amount of such loss to Vancity pursuant to Sections 9(a)(iii)B, 9(b), 9(c) and 10.
Other Losses. In the event that any Indemnified Party suffers a Loss or otherwise becomes entitled to indemnification hereunder from an Indemnifying Party in a situation that does not involve a Proceeding being instituted by a third party, the Indemnified Party shall send notice as it would pursuant to Section 8.3(a) in order to provide reasonable notice to the Indemnifying Party as to the nature and extent of the Loss.
Other Losses. Upon a partial loss of the Additional Plant, any of the Other Facilities or the Insured Bontang Plant (the "Affected Facilities"), as the case may be, or a total loss thereof with respect to which Pertamina has not given notice pursuant to Section 4.1 or 4.2 hereof that it intends not to rebuild and if Pertamina has not applied amounts equal to the insurance proceeds paid to Pertamina to repayment of the Indebtedness outstanding under the Loan Agreement, the Notes and the Letter Agreement in the manner contemplated by Sections 4.1 and 4.2 hereof, Pertamina shall proceed to rebuild or reconstruct the Affected Facilities with the services of a reliable and reputable contractor, diligently and in good faith, applying amounts equal to the proceeds of the insurance referred to in Section 1.11(a) or (b), as the case may be, to the extent required and shall provide the Agent with the periodic reports described in clause 4.l(c) or 4.2(c) hereof, as the case may be, as provided in such clause.