Common use of Indemnification by the Issuer Clause in Contracts

Indemnification by the Issuer. The Issuer and the Control ----------------------------- Shareholders shall indemnify, hold harmless, and reimburse BSM and its shareholders, officers and directors from and against any and all claims, losses, damages, liabilities, diminution of value and costs and related expenses (including without limitation, settlement costs and any legal or other fees or expenses for investigating or defending any actions or threatened actions), whether or not involving a third party claim, reasonably incurred by BSM in connection with any of the following: (1) any misrepresentation or breach of any warranty made by the Issuer or any of its subsidiaries under this Agreement as to which a notice is given under paragraph iii. below within the time period specified in Section 14.x. below; (2) the non-fulfillment or breach of any covenant, agreement, or obligation of the Issuer or any of its subsidiaries contained in or contemplated by this Agreement that occurs prior to the Closing; and

Indemnification by the Issuer. The Issuer and the Control ----------------------------- Shareholders shall indemnify, hold harmless, and reimburse BSM and its shareholders, officers and directors from and against any and all claims, losses, damages, liabilities, diminution of value and costs and related expenses (including without limitation, settlement costs and any legal or other fees or expenses for investigating or defending any actions or threatened actions), whether or not involving a third party claim, reasonably incurred by BSM in connection with any of the following: : (1) any misrepresentation or breach of any warranty made by the Issuer or any of its subsidiaries under this Agreement as to which a notice is given under paragraph iii. below within the time period specified in Section 14.x. below; ; (2) the non-fulfillment or breach of any covenant, agreement, or obligation of the Issuer or any of its subsidiaries contained in or contemplated by this Agreement that occurs prior to the Closing; and (3) any obligation related to or arising from the business of the Issuer or any of its subsidiaries prior to the Closing that is not disclosed herein as an obligation that will remain in existence after the Closing.