Common use of Release; Indemnification Clause in Contracts

Release; Indemnification. To the extent permitted under applicable laws and regulations, Borrower hereby releases Lender from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from (a) any failure of Lender to protect, enforce or collect in whole or in part any of the Loans, (b) any other act or omission to act on the part of Lender, its officers, agents or employees, except in each instance for those caused by Lender's willful misconduct or gross negligence. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including attorneys' fees and expenses) that may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's Affiliates in connection with, arising from or relating to Borrower's breach of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or any other Transaction Document, or arising from or relating to any willful misconduct by Borrower, except to the extent Borrower establishes that the loss, liability, obligations, penalty, claim, fine, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement or expense arose solely by reason of Lender's or any of Lender's Affiliates' willful misconduct or gross negligence.

Release; Indemnification. To the extent permitted under applicable laws and regulations, Borrower hereby releases Lender and its Affiliates, directors, officers, employees, agents and advisors from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from in connection with (a) any failure of Lender to protect, enforce or collect in whole or in part any of the Loans, Facility and (b) any other act or omission to act on the part of Lender, its Affiliates, officers, agents agents, directors, advisors or employees, except in each instance for those caused by Lender's willful misconduct or and gross negligence. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including including, without limitation, reasonable attorneys' ’ fees and expenses) that which may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's ’s Affiliates in connection with, arising from or relating to Borrower's breach Lender’s entering into or carrying out the terms of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or any other Transaction Documentbeing the holder of the Subordinated Note, or arising from or relating to any willful misconduct by Borrower, except to the extent unless Borrower establishes that the loss, liability, obligations, penalty, claim, fine, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement or expense arose solely primarily by reason of Lender's ’s or any of Lender's ’s Affiliates' ’ willful misconduct or gross negligence.

Release; Indemnification. To the maximum extent permitted under applicable laws and regulations, Borrower hereby releases Lender from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from (a) any failure of Lender to protect, enforce or collect in whole or in part any of the Loans, (b) any other act or omission to act on the part of Lender, its officers, agents or employees, except in each instance for those caused by Lender's ’s willful misconduct or gross negligence. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including attorneys' ’ fees and expenses) that may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's ’s Affiliates in connection with, arising from or relating to Borrower's ’s breach of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or any other Transaction Document, or arising from or relating to any willful misconduct by Borrower, except to the extent Borrower establishes that the loss, liability, obligations, penalty, claim, fine, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement or expense arose solely by reason of Lender's ’s or any of Lender's ’s Affiliates' ’ willful misconduct or gross negligence.

Release; Indemnification. To the extent permitted under applicable laws and regulations, Borrower hereby releases Lender from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from (a) any failure of Lender to protect, enforce or collect in whole or in part any of the LoansLoan, (b) any other act or omission to act on the part of Lender, its officers, agents or employees, except in each instance for those caused by Lender's ’s willful misconduct or gross negligence. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including including, without limitation, attorneys' ’ fees and expenses) that which may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's ’s Affiliates in connection with, arising from or relating to Borrower's ’s breach of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or any other Transaction Document, or arising from or relating to any willful misconduct by Borrower, except to the extent Borrower establishes that the loss, liability, obligations, penalty, claim, fine, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement or expense arose solely by reason of Lender's ’s or any of Lender's ’s Affiliates' ’ willful misconduct or gross negligence.

Release; Indemnification. To the extent permitted under applicable laws and regulations, Borrower hereby releases Lender and its Affiliates from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from in connection with (a) any failure of Lender to protect, enforce or collect in whole or in part any of the Loans, Facility and (b) any other act or omission to act on the part of Lender, its officers, agents or employeesAffiliates in connection with the Facility and any other transactions contemplated by the other Transaction Documents, except in each instance for those caused willful misconduct, gross negligence or a breach of the Transaction Documents by Lender's willful misconduct or gross negligence. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including including, without limitation, reasonable attorneys' ’ fees and expenses) that which may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's ’s Affiliates in connection with, arising from or relating to Borrower's breach Lender’s entering into or carrying out the terms of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or any other Transaction Documentbeing the holder of the Subordinated Note, or arising from or relating to any willful misconduct by Borrower, except to the extent unless Borrower establishes that the loss, liability, obligations, penalty, claim, fine, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement or expense arose solely primarily by reason of Lender's ’s or any of Lender's ’s Affiliates' ’ willful misconduct or gross negligence.

Release; Indemnification. To the extent permitted under applicable laws and regulations, Borrower hereby releases Lender from any and all causes of action, claims or rights which Borrower may now or hereafter have for, or which may arise from, any loss or damage caused by or resulting from from: (a) any failure of Lender to protect, enforce or collect in whole or in part any of the Loans, Subordinated Debt and (b) any other act or omission to act on the part of Lender, its officers, agents or employees, except in each instance for those caused by Lender's willful misconduct or gross negligence, and except for any breach by Lender of this Agreement or any other Transaction Document. Borrower shall indemnify, defend and hold Lender and its Affiliates (including their respective officers, directors, agents and employees) harmless from and against any and all losses, liabilities, obligations, penalties, claims, fines, demands, litigation, defenses, costs, judgments, suits, proceedings, actual damages, disbursements or expenses of any kind or nature whatsoever (including attorneys' ’ fees and expenses) that which may at any time be either directly or indirectly imposed upon, incurred by or asserted or awarded against Lender or any of Lender's ’s Affiliates in connection with, arising from or relating to Borrower's breach Lender’s entering into or carrying out the terms of any covenant, obligation, agreement, representation or warranty set forth in this Agreement or being the holder of any Subordinated Debenture, other Transaction Document, or arising from or relating to than any willful misconduct by Borrower, except to the extent Borrower establishes that the loss, liability, obligationsdamage, penaltysuit, claim, fineexpense, demand, litigation, defense, cost, judgment, suit, proceeding, damage, disbursement fees or expense arose costs arising solely by reason of Lender's ’s or any of Lender's ’s Affiliates' ’ willful misconduct or gross negligence.