Common use of Release and Indemnification Covenants Clause in Contracts

Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by Lessee) in connection with any offer, sale or other transfer of this Lease or any interest herein, to the extent permitted by the laws and Constitution of the State, Lessee shall, to the extent permitted by law, protect, hold harmless and indemnify Lessor from and against any and all liability, obligations, losses, claims and damages, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Lease in connection with the ownership or intended ownership, delivery, rejection, storage or return of any item of Equipment or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment resulting in damage to property or injury to or death to any person. To the extent permitted by law, Lessee’s obligation to protect, hold harmless and indemnify Lessor under this Section 12.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease or the termination of the Lease Term for any reason.

Appears in 2 contracts

Samples: Equipment Lease Purchase Agreement, Equipment Lease Purchase Agreement

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Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by Lessee) in connection with any offer, sale or other transfer of this Lease or any interest herein, to To the extent permitted by the laws and Constitution of the Stateapplicable law, Lessee shall, to the extent permitted by lawshall indemnify, protect, hold harmless, save and keep harmless and indemnify Lessor from and against any and all liability, obligationsobligation, lossesloss, claims claim and damagesdamage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, “Losses”) arising out of or as the result of resulting from the entering into of this Lease in connection with Agreement, any Property Schedules hereunder, the ownership or intended ownershipof any item of the Property, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment the Property resulting in damage to property or injury to or death to any person. To the extent permitted by law; provided, Lessee’s obligation however, that Lessee shall not be required to protect, hold harmless and indemnify Lessor for Losses arising out of or resulting from Lessor's own willful or negligent conduct, or for Losses arising out of or resulting from Xxxxxx's preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section 12.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason.

Appears in 1 contract

Samples: Purchase Agreement

Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by Lessee) in connection with any offer, sale or other transfer of this Lease or any interest herein, to To the extent permitted by the laws and Constitution of the Stateapplicable law, Lessee shall, to the extent permitted by lawshall indemnify, protect, hold harmless, save and keep harmless and indemnify Lessor from and against any and all liability, obligationsobligation, lossesloss, claims claim and damagesdamage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, “Losses”) arising out of or as the result of resulting from the entering into of this Lease in connection with Agreement, any Property Schedules hereunder, the ownership or intended ownershipof any item of the Property, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment the Property resulting in damage to property or injury to or death to any person. To the extent permitted by law; provided, Lessee’s obligation however, that Lessee shall not be required to protect, hold harmless and indemnify Lessor for Losses arising out of or resulting from Lessor’s own willful or grossly negligent conduct, or for Losses arising out of or resulting from Lessor’s preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section 12.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason.

Appears in 1 contract

Samples: Master Agreement

Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by LesseeXxxxxx) in connection with any offer, sale or other transfer of this Lease or any interest herein, to the extent permitted by the laws and Constitution of the State, Lessee shall, to the extent permitted by law, protect, hold harmless and indemnify Lessor from and against any and all liability, obligations, losses, claims and damages, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Lease in connection with the ownership or intended ownership, delivery, rejection, storage or return of any item of Equipment or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment resulting in damage to property or injury to or death to any person. To the extent permitted by law, LesseeXxxxxx’s obligation to protect, hold harmless and indemnify Lessor under this Section 12.03 12.04 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease or the termination of the Lease Term for any reason.

Appears in 1 contract

Samples: Equipment Lease Purchase Agreement

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Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by Lessee) in connection with any offer, sale or other transfer of this Lease or any interest herein, to To the extent permitted by the laws and Constitution of the Stateapplicable law, Lessee shall, to the extent permitted by lawshall indemnify, protect, hold harmless, save and keep harmless and indemnify Lessor from and against any and all liability, obligationsobligation, lossesloss, claims claim and damagesdamage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, “Losses”) arising out of or as the result of resulting from the entering into of this Lease in connection with Agreement, any Property Schedules hereunder, the ownership or intended ownershipof any item of the Property, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment the Property resulting in damage to property or injury to or death to any person. To the extent permitted by law; provided, Lessee’s obligation however, that Lessee shall not be required to protect, hold harmless and indemnify Lessor for Losses arising out of or resulting from Lessor’s own willful or grossly negligent conduct, or for Losses arising out of or resulting from Lessor’s preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section 12.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason.. ARTICLE XIII

Appears in 1 contract

Samples: Purchase and Service Agreement

Release and Indemnification Covenants. Except for the intentional or negligent acts of Lessor or any of its employees or agents thereof arising out of (a) entering into this Lease; and/or (b) any liability, obligation, loss, claim or damage arising out of or in connection with any misstatement of a material fact or failure to make a statement of material fact by Lessor or any assignee thereof (other than a misstatement by Lessee) in connection with any offer, sale or other transfer of this Lease or any interest herein, to To the extent permitted by the laws and Constitution of the Stateapplicable law, Lessee shall, to the extent permitted by lawshall indemnify, protect, hold harmless, save and keep harmless and indemnify Lessor from and against any and all liability, obligationsobligation, lossesloss, claims claim and damagesdamage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, “Losses”) arising out of or as the result of resulting from the entering into of this Lease in connection with Agreement, any Property Schedules hereunder, the ownership or intended ownershipof any item of the Property, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of Equipment the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of Equipment the Property resulting in damage to property or injury to or death to any person. To the extent permitted by law; provided, Lessee’s obligation however, that Lessee shall not be required to protect, hold harmless and indemnify Lessor for Losses arising out of or resulting from Lessor’s own willful or grossly negligent conduct, or for Losses arising out of or resulting from Xxxxxx’s preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section 12.03 shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason.

Appears in 1 contract

Samples: Master Agreement

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