By the Operator. The Operator may not license, assign or novate this agreement, its interest in the subject matter of this agreement or any right under this agreement without the prior written consent of:
By the Operator. (a) Subject to the following provisions of this clause 19.2, the Operator may not license, assign or novate this Agreement, its interest in the subject matter of this Agreement or any right under this Agreement (in this clause 19.2, “assign”):
By the Operator. The Operator shall indemnify, defend, save and hold harmless the Management Firm, its shareholders, officers, directors, employees, or agents from and against all demands, claims, actions, losses, damages, deficiencies, liabilities, costs and expenses (including, without limitation, attorney's fees, interest, penalties and all amounts paid in investigation, defense or settlement of any of the foregoing) asserted against or incurred by the Management Firm, its officers, directors, employees, or agents, in connection with, or arising out of, or resulting from a breach of any covenant, agreement, representation or warranty of the Operator; provided, however, the Operator shall not be required to provide indemnification hereunder in the event that the claim for which the indemnification has arisen results from a breach of a duty or obligation of the Operator under the Lease Documents that has been delegated to the Management Firm hereunder. The provisions of this Section shall survive the expiration or sooner termination of this Agreement.
By the Operator. (1) Subject to the following provisions of this clause 18.2, the Operator may not Assign this Agreement:
By the Operator. The Operator states that the following facts are accurate and will continue to be accurate during this agreement:
By the Operator. The Operator may not license, assign or novate this agreement, its interest in the subject matter of this agreement or any right under this agreement without ARTC’s prior written consent, such consent not to be unreasonably withheld.
By the Operator. Operator shall indemnify, save, protect, defend and hold harmless the Manager and/or New Operator from and against all Losses, whether or not resulting from third-party claims arising from, out of, or relating to (i) the breach of any representation or warranty made by Operator in this Agreement; (ii) the breach of any agreement, covenant or obligation of Operator in this Agreement; (iii) Operator’s failure to pay any net Adjustment or Closing Adjustment due from it; (iv) the Retained Liabilities; and (v) the Operator's use, ownership and/or operation of the Center and the property on which the Center is located before the Commencement Date, in each case excluding claims to the extent arising from any breach, negligence or misconduct of Manager or New Operator hereunder.
By the Operator. The Operator shall indemnify, defend and hold harmless Cube Value and/or its subsidiaries, officers, directors, employees, representatives, subsidiaries, related parties, affiliates, suppliers, merchants, independent contractors, partners, advertisers and agents from and against any and all actions, causes of action, claims, other liabilities, damages, losses, expenses (including attorneys' fees and court costs), costs and debt (“Claim 2”), that arise, directly or indirectly, in connection with: (a) the Operator’s negligent acts, omissions, intentional wrongdoing; (b) the Operator's violation of applicable laws, ordinances, regulations and rules; (c) the Operator's actual or alleged breach of Sections 3, 8, 10 or 13 of this Agreement; (d) any violation of third-party rights; or
