Common use of Without limitation of Section Clause in Contracts

Without limitation of Section. 13.9 of the Credit Agreement but subject to the limitation of liability set forth therein or any other indemnification provision in any Loan Document, the Pledgor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this Section 21 shall survive repayment of all Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Pledgor from whom indemnity is claimed.

Without limitation of Section. 13.9 12.9 of the Credit Agreement but subject to the limitation limitations of liability set forth therein or any other indemnification provision in any Loan Document, the Pledgor each Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which the Pledgor such Guarantor has incurred any Obligation of the Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that the Pledgor such Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this Section 21 subsection shall survive repayment of all Secured Guarantors' Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Pledgor Guarantor from whom indemnity is claimed.

Without limitation of Section. 13.9 12.9 of the Credit Agreement but subject to the limitation of liability as set forth therein or any other indemnification provision in any Loan Document, the Pledgor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which the Pledgor has incurred any Obligation (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that the Pledgor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this Section 21 shall survive repayment of all Secured Obligations, termination or expiration of this Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Pledgor from whom indemnity is claimed.

Without limitation of Section. 13.9 of the Credit Agreement but subject to the limitation limitations of liability set forth therein or any other indemnification provision in any Loan Document, the Pledgor each Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which the Pledgor such Guarantor has incurred any Obligation of the Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); PROVIDED, HOWEVER, that the Pledgor such Guarantor shall have no obligation hereunder with respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Agent or any Lender. The agreements in this Section 21 subsection shall survive repayment of all Secured Guarantors' Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Pledgor Guarantor from whom indemnity is claimed.

Without limitation of Section. 13.9 11.9 of the Credit --------------- ------------ Agreement but subject to the limitation of liability set forth therein or any other indemnification provision in any Loan Document, the Pledgor Guarantor hereby covenants and agrees to pay, indemnify, and hold the Secured Parties harmless from and against any and all other reasonable out-of-pocket liabilities, costs, expenses or disbursements of any kind or nature whatsoever arising in connection with any claim or litigation by any Person resulting from the execution, delivery, enforcement, performance and administration of this Guaranty Agreement or the Loan Documents, or the transactions contemplated hereby or thereby, or in any respect relating to the Collateral or any transaction pursuant to which the Pledgor Guarantor has incurred any Obligation Guarantors' Obligations (all the foregoing, collectively, the "indemnified liabilities"); PROVIDEDprovided, HOWEVERhowever, that the Pledgor Guarantor shall have no obligation hereunder with -------- ------- respect to indemnified liabilities directly or primarily arising from the willful misconduct or gross negligence of the Administrative Agent or any Lender. The agreements in this Section 21 subsection shall survive repayment of all Secured Guarantor's Obligations, termination or expiration of this Guaranty Agreement and occurrence of the Facility Termination Date. So long as no Event of Default shall have occurred hereunder, no claim for which indemnity is claimed shall be compromised or settled by an Indemnified Party without the prior written consent of the Pledgor from whom indemnity is claimed.