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This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Indemnified Liabilities”)
and, if and to the extent that the foregoing
indemnity may be unenforceable for any reason, the Borrower agrees to make
the
maximum payment permitted under applicable law, provided
that the Borrower shall have no obligation
hereunder to pay Indemnified Liabilities to an Indemnified Person to the extent
arising from its gross negligence or willful misconduct. The agreements in
this
Section shall survive the termination of the Commitments and the payment of
the
Loans and the Notes and all other amounts payable under the Loan
Documents.
11.6 |
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