“Losses” means any and all damages, losses, liabilities, commitments, obligations, awards, penalties, costs or expenses (including reasonable attorneys’ fees); provided, however, that Losses hereunder shall not include punitive, exemplary, indirect, special, consequential damages, lost profits or diminution in value other than # such damages actually paid to a non-Affiliated Person in respect of a Third Party Claim or # consequential damages and lost profit damages to the extent that, in accordance with the Laws of the State of Colorado, such damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.

“Losses” means any and all losses, damages, losses, liabilities, commitments, obligations, awards,deficiencies, penalties, fines, costs or expenses (includingof whatever kind, including reasonable attorneys’ fees);fees and other professionals’ fees and expenses, and the cost of enforcing any right to indemnification hereunder; provided, however, that Losses hereunder“Losses” shall not include punitive, exemplary, indirect, special, consequential damages, lost profitspunitive damages or diminution in value other than # such damageslosses, except to the extent actually paid to a non-Affiliated Person inwith respect ofto a Third Party Claim or # consequential damages and lost profit damages to the extent that, in accordance with the Laws of the State of Colorado, such damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.Claim.

“Losses” means any and alllosses, damages, losses, liabilities, commitments, obligations,deficiencies, Actions, judgments, interest, awards, penalties, fines, costs or expenses (includingof whatever kind, including reasonable attorneys’ fees);fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers; provided, however, that Losses hereunder“Losses” shall not include punitive, exemplary, indirect, special, consequential# punitive damages, except in the case of fraud or to the extent actually awarded to a Governmental Authority or other third party or # lost profits or diminutionconsequential damages, in value other than # such damages actually paid to a non-Affiliated Person in respect of a Third Party Claim or # consequential damages and lost profit damages to the extent that, in accordance with the Laws of the State of Colorado, such damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.any case.

“Losses” means any and all damages, liabilities, awards, fines, costs, fees, penalties, deficiencies, losses, liabilities, commitments, obligations, awards, penalties, costsTaxes, amounts paid or incurred in defense or settlement and related expenses, including interest, court and other legal proceeding costs, reasonable fees of attorneys, accountants, and other experts or other expenses (including reasonable attorneys’ fees); provided, however, that Losses hereunder shall not includeof litigation or other proceedings or of any claim, liability, default or assessment, but excluding lost profits, consequential, punitive, exemplary, indirect, special, consequentialspecial or indirect damages, lost profits or diminution in value other than # such damages actually paidunless related to a non-Affiliated Person in respect of a Third Party Claim and/or # consequential damages and lost profit damages tounless caused by the extent that, in accordance withgross negligence, fraud, willful misconduct or breach of any Fundamental Representation by the Laws of the State of Colorado, such damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.Indemnifying Party(ies).

“Losses” meansshall mean any and all damages, losses, liabilities, taxes, commitments, obligations, awards, penalties, costs or expenses (including reasonable attorneys’ fees); provided, however, that Losses hereunder shallshall, except with respect to Extra-Contractual Obligations and Reinsurer Extra-Contractual Obligations, not include punitive, exemplary, indirect, special, consequential damages, lost profits or diminution in value other than # such damages actually paid to a non-Affiliated Person in respect of a Third Party Claim or # consequential damages and lost profit damages to the extent that, in accordance with the Laws of the State of Colorado, such damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.Claim.

“Losses” means any and all claims, suits, liabilities (including, without limitation, strict liabilities), actions, proceedings, obligations, debts, damages, losses, liabilities, commitments, obligations,Costs, diminutions in value, fines, penalties, interest, charges, fees, judgments, awards, penalties, costsamounts paid in settlement and damages of whatever kind or expenses (including reasonablenature, inclusive of bodily injury and property damage to third parties (including, without limitation, attorneys’ fees);fees and other Costs of defense), but in no event shall Losses include punitive, special or consequential damages; provided, however, that Losses hereunder shall not include punitive, exemplary, indirect, special, consequential damages, lost profits or diminution in value other than # such damages actually paid to a non-Affiliated Person in respect of a Third Party Claim or # consequential damagesif and lost profit damages to the extent that,that Lessor or Indemnified Parties shall be required to pay any amount in accordanceconnection with the LawsProperty to any third party on account of the State of Colorado,punitive, special or consequential damages, then such amount shall be deemed to constitute actual damages are within the reasonable contemplation of the parties or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on whichincurred by such Losses are based,Person and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.same shall be payable hereunder).

"Losses" means any and alllosses, damages, losses, liabilities, commitments, obligations,deficiencies, Actions, judgments, interest, awards, penalties, fines, costs or expenses (includingof whatever kind, including reasonable attorneys’ fees);attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers; provided, however, that Losses hereunder"Losses" shall not include punitive, exemplary, indirect, special, consequentialpunitive damages, lost profitsexcept in the case of fraud or diminution in value other than # such damages actually paid to a non-Affiliated Person in respect of a Third Party Claim or # consequential damages and lost profit damages to the extent that, in accordance with the Laws of the State of Colorado, such damages are within the reasonable contemplation of the partiesactually awarded to a Governmental Authority or are the direct and reasonably foreseeable consequence of the breach or alleged breach giving rise to the claim on which such Losses are based, and the Indemnified Party satisfies all elements necessary for proof of such damages under such Laws.other third party.