§ 2201.31 - Indemnification.

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The United States may be indemnified by any Affiliate of a Borrower designated in the Loan Documents for any losses that the United States incurs as a result of:

A judgment against the Borrower or any of its Affiliates;

Any breach by the Borrower or any of its Affiliates of their obligations under the Loan Documents;

Any violation of the provisions of the Act, or the regulations in this part, by the Borrower or any of its Affiliates;

Any penalties incurred by the Borrower or any of its Affiliates for any reason, including violation of a performance schedule stipulated in a Performance Agreement; and

Any other circumstances that the Board considers appropriate.

The Board may require more than one Affiliate of a Borrower to make the indemnifications referred to in paragraph (a) of this section.

The indemnifications referred to in paragraph (a) of this section shall be included in the Loan Documents.