rights that the
Indemnitee may have to seek indemnification from a Third-Party Indemnifier with respect to such action,
suit or proceeding, and (b) the execution of a written agreement ... Indemnitee's rights to pursue a claim for indemnification from a Third-Party Indemnifier with
respect to such action, suit or proceeding, and (c) the receipt of an undertaking ... such person's conduct, the receipt of a
corresponding indemnification payment from a Third-Party Indemnifier with respect to such matter, or
otherwise); provided, however, that in such instance
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EFTA01441665Set 10
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expenses; any fees and expenses of consultants,
economists, outside counsel, accountants and other third-party service
providers; any taxes (including withholding taxes), fees or other
governmental charges levied against such ... managers, employees, or agents of any of the foregoing and the
Administrator, will be indemnified by the Access Fund out of the assets
of the Access Fund, including the capital ... Investment Manager, the
Administrator, the Custodian and
certain of their affiliates and certain other indemnified parties and any
such indemnification (and the
expense thereof) will be in addition
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EFTA00805813Set 9
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Company, and
govern the conduct of the Company's business.
NOW, THEREFORE, the Parties, intending to be legally bound, agree as follows:
ARTICLE I
DEFINITIONS
1.1 Definitions. As used ... Member's services to the Company or the use of such Member's
capital.
"Indemnified Party" has the meaning set forth in Section 11.14(a) of this
Agreement .
"Legal Representative ... agreement between two or more Members, if in
writing and signed by the parties thereto, may provide that in exercising any voting rights, the
Membership Interests held by them shall
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EFTA00589859Set 9
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Aircraft to depart if Customer's total outstanding balance owed to the Gulfstream Parties
exceeds the lesser of One Hundred Fifty Thousand ($150,000.00) or Customer's available credit limit ... materials used or transportation (other than taxes on income of Gulfstream) and Customer shall indemnify
and hold Gulfstream harmless with respect thereto.
5.1 Any and all payments by the Customer ... OTHER PROPERTY. Customer assumes the risk of and agrees to indemnify and hold harmless
the Gulfstream Parties from and against any and all liability, damage, loss, cost and expense, including
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EFTA00169634Set 9
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Arna.E
•
(a) The torporstrion shall indemnify any person who was or is a !tiny ocis threatened to be ma de a party
to any. threatened, pending, or completed action, suit ... conduct was unlawful.
(b) Corporation Shall indemnify any person who was or is a patty or is threatened to be made a party
to any threatened, pcndingr or completed action ... defense of any Claim, issue, or matter therin, he at she shall be indemnified agaiiisi expenses
(including attorneys' fees) actually and reasonably incurred by him or hair connection therewith
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EFTA00236793Set 9
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interest charge on receipt that are deemed as
Internal Revenue Service or other Third Parties, as relied solely upon his, her or its own independent having been deferred, ander recognize ... Undersigned agrees to indemnify and hold
information relating to the Investment Fund set lath (1) Notwithstanding any other statement in this
Subscription Agreement, the Fund Parties authorize harness the Fund ... Beneficial Interest of restricted persons
rules, an 'accredited investor' under Regulation D arty Party who has initiated in court a putative does not exceed in the aggregate
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EFTA01597159Set 10
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choice of law or conflict of laws provisions. The Agreement is binding on all
parties provided that there is no inconsistency with the Federal securities laws or the
Federal ... transaction exceeded or was in breach of the trustees'
powers or authorities.
• You fully indemnify UBS from all losses, liabilities, damages, claims, costs and
expenses, including attorney fees resulting from
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EFTA01124829Set 9
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hours shall be charged for at the rates or amounts agreed upon by the parties at the time overtime is
authorized.
Risk
Owner shall purchase and maintain risk insurance upon ... include the interest of All Rite Construction, Inc.
Indemnification
Al Rite Construction, Inc. will indemnify and hold harmless the Owner from damages only to the extent such
damages was caused ... standing water.
Integration Clause
This document and all documents incorporated by reference constitute the parties' entire agreement. No
other agreements, oral or written, regarding the work to be performed under
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EFTA01116307Set 9
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agree to negotiate in good faith to make
amendments to this Agreement as the parties mutually agree, reasonably and in good
faith, are necessary or desirable to avoid the imposition ... Notwithstanding the foregoing, neither the Company nor any Affiliate shall have any
obligation to indemnify or otherwise hold Executive (or any beneficiary) harmless from
any or all of such taxes
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EFTA01465255Set 10
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necessary to deal with what would otherwise be inappropriate or
incorrect cross references. The parties further agree that the
Implementation Date (as such term is defined in the Short Form ... used in Part
2(a) of this Schedule (Payer Tax Representation) and "Indemnifiable Tax" as
defined in Section 14 of this Agreement shall not include any U.S. federal
withholding ... applicable law for the purposes of
Section 2(d) of this Agreement.
(d) Party B Representations and Acknowledgements, Non-Reliance, Etc.
Party B hereby represents, warrants and acknowledges to Party
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EFTA01450023Set 10
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necessary to
deal with what would otherwise be inappropriate or incorrect cross references. The parties
further agree that the Implementation Date (as such term is defined in the Short Form ... used in Part 2(a) of this Schedule
(Payer Tax Representation) and -Indemnifiable Tax" as defined in Section 14 of this
Agreement shall not include any U.S. federal withholding ... applicable law for the purposes of Section 2(d) of this
Agreement.
(d) Party B Representations and Acknowledgements, Non-Reliance, Etc. Party B hereby
represents, warrants and acknowledges to Party
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EFTA00313240Set 9
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espartos and itscloomiDcation will tarNee any terminationOf the engagement by either
party, All the provisions of this lotta ocouained In paregrapbs 4, 5, 6 sod 7 will survive ... expenses, including anomeys feet, interned in
connection 0land&
7. . Chant evens to indemnify and hold hints Shtick, its shateboldas, officers, cheetort,
ettiploycc$ and agents faith such entity or pasta being ... Person Met we Judicially
cktortnintd to have ruuttod from Shriek's or sorb other Indemnified Pavon's gross
negligatte or willful misconduct
8. Each of the ponies bacto agree
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EFTA02444249Set 11
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agree as
follows:
i) OWNERS shall enter a stipulation to dismiss with prejudice. all parties to bear
their own fees and costs, all claims and/or lawsuits filed against MIDNIGHT
EXPRESS ... appurtenances, as a trade-in to MIDNIGHT EXPRESS.
viii) OWNERS agree to defend, indemnify and hold harmless MIDNIGHT EXPRESS
from and against all consequences of any and all claims made ... warranties of merchantability, fitness or
warranty for a particular purpose, or use.
x) The parties to this Settlement Agreement hereby agree that in consideration of and
upon execution of this
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