Indemnified Losses

Indemnified Losses. (a) Section 3.1(c) is hereby amended to read in its entirety as set forth below: "(c) if, as a result of the Lessee paying any Transaction Expenses (as defined in the Refinancing Agreement), Transaction Expenses (as defined in the Refunding Agreement) or Transaction Expenses (as defined in the 1999 Refunding Agreement) the Owner Participant shall be required to include any amount in its gross income; or". (c) Section 3.1 is hereby amended by adding at the end of subsection (e) (i.e. prior to... the phrase "(any of the events") the following: "; or (f) if, as a result of the Lessee paying any Supplemental Rent under Section 3(c) of the Lease with respect to payments contemplated by Section 2 of the Supplemental Indenture No. 4, dated as of June 1, 2006, to the Indenture the Owner Participant shall be required to include any amount in its gross income". (d) Section 3.1 is hereby amended by replacing the phrase "(any of the events described in these subsections (a)(2), (b), (c), (d) or (e) being referred to hereinafter as a "Loss")" with the following: "(any of the events described in these subsections (a)(2), (b), (c), (d), (e) or (f) being referred to hereinafter as a "Loss")". View More

Indemnified Losses. Shall mean all losses, Liabilities, obligations, claims, demands, damages, penalties, settlements, causes of action, costs and expenses arising out of any third party claim or action against an Indemnified Party, including, without limitation, the actual costs paid in connection with an Indemnified Party's investigation and evaluation of any claim or right asserted against such Indemnified Party and all reasonable attorneys', experts' and accountants' fees, expenses and disbursements and court... costs including, without limitation, those incurred in connection with the Indemnified Party's enforcement of the indemnification provisions of Section ‎7 of this Agreement. View More