Common use of Non-Parties Clause in Contracts

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 prior to making any payment to such Tax Indemnitee under this Section 9.3.

Appears in 18 contracts

Sources: Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.

Appears in 6 contracts

Sources: Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Midway Airlines Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.3 and Section 15.8 9.2 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.39.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.

Appears in 6 contracts

Sources: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Non-Parties. If a an Indemnified Person or Tax Indemnitee is not a party to this Agreement, Lessee may require the such Indemnified Person or Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of Section 7.1 or 7.2, as the case may be, and this Section 9.3 and Section 15.8 7.3, prior to making any payment payments to such Indemnified Person or Tax Indemnitee under this Section 9.37.1 or 7.2, as the case may be.

Appears in 5 contracts

Sources: Purchase Agreement (American Airlines, Inc.), A320 Family Aircraft Purchase Agreement (American Airlines, Inc.), A320 Family Aircraft Purchase Agreement (Amr Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.3 and Section 15.8 9.2 prior to making any payment to such Tax Indemnitee under this Section 9.39.2. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.

Appears in 4 contracts

Sources: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Non-Parties. If a Tax Indemnitee is not a party to this ----------- Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.

Appears in 4 contracts

Sources: Supplemental Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section ss. 9.3 and Section 15.8 prior to making any payment to such Tax Indemnitee under this Section 9.3ss.

Appears in 3 contracts

Sources: Financing Agreement (Amtran Inc), Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)

Non-Parties. If a Tax Indemnitee is not a party to this ----------- Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 4 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Lessee's obligations under this Section 9.34 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.

Appears in 2 contracts

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 9.2 and Section 15.8 any other relevant provision hereof prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Lessee’s obligations under this Section 9.39.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.

Appears in 2 contracts

Sources: Participation Agreement, Participation Agreement (Firstenergy Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section (S) 9.3 and Section (S) 15.8 prior to before making any payment to such Tax Indemnitee under this Section (S) 9.3.

Appears in 1 contract

Sources: Note Purchase Agreement (Airtran Holdings Inc)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 4.02 prior to making any payment to such Tax Indemnitee under this Section 9.34.02.

Appears in 1 contract

Sources: Participation Agreement (Delta Air Lines Inc /De/)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.3 and Section 15.8 10 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.310 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.

Appears in 1 contract

Sources: Participation Agreement (Reliant Energy Mid Atlantic Power Services Inc)

Non-Parties. If a any Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 prior to 8.2, before making any payment to such Tax Indemnitee under this Section 9.38.2.

Appears in 1 contract

Sources: Participation Agreement (American Financial Realty Trust)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 10(c) prior to making any payment payments to such Tax Indemnitee under this Section 9.310(c).

Appears in 1 contract

Sources: Participation Agreement (American Airlines Inc)

Non-Parties. If a an Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.

Appears in 1 contract

Sources: Note Purchase Agreement (Midway Airlines Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making the Lessee being obligated to make any payment to such Tax Indemnitee under this Section 9.313.

Appears in 1 contract

Sources: Participation Agreement (Perot Systems Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Participation Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making any payment to such Tax Indemnitee under this Section 9.313.

Appears in 1 contract

Sources: Participation Agreement (Marchfirst Inc)

Non-Parties. If a Tax Indemnitee is not a party ----------- to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.

Appears in 1 contract

Sources: Note Purchase Agreement (Midway Airlines Corp)

Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making any payment to such Tax Indemnitee under this Section 9.313.

Appears in 1 contract

Sources: Participation Agreement (Cal Dive International Inc)

Non-Parties. If a Tax Indemnitee is not a party to ----------- this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.

Appears in 1 contract

Sources: Participation Agreement (Midway Airlines Corp)