Common use of Absence of Insurance Clause in Contracts

Absence of Insurance. The obligations of Grantor under this Deed of Trust and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary by reason of any event as to which Grantor is obligated to indemnify Beneficiary, then, upon demand by Beneficiary, Grantor, at Grantor’s sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's name, if necessary, by such attorneys as Beneficiary shall approve. Notwithstanding the foregoing, Beneficiary may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of Trust.

Appears in 2 contracts

Samples: And Security Agreement (Trade Street Residential, Inc.), And Security Agreement (Trade Street Residential, Inc.)

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Absence of Insurance. The obligations of Grantor Borrower under this Security Deed of Trust and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary Lender by reason of any event as to which Grantor Borrower is obligated to indemnify BeneficiaryLender, then, upon demand by BeneficiaryLender, GrantorBorrower, at Grantor’s Borrower's sole cost and expense, shall resist or defend such claim, action or proceeding in BeneficiaryLender's name, if necessary, by such attorneys as Beneficiary Lender shall approve. Notwithstanding the foregoing, Beneficiary Lender may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor Borrower shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of TrustSecurity Deed.

Appears in 1 contract

Samples: Rents and Security Agreement (Systemax Inc)

Absence of Insurance. The obligations of Grantor under this Deed of Trust and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary by reason of any event as to which Grantor is obligated to indemnify Beneficiary, then, upon demand by Beneficiary, Grantor, at Grantor’s sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's ’s name, if necessary, by such attorneys as Beneficiary shall approve. Notwithstanding the foregoing, Beneficiary may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of Trust.

Appears in 1 contract

Samples: And Security Agreement and Fixture Filing (Trade Street Residential, Inc.)

Absence of Insurance. The obligations of Grantor under this Deed of Trust Security Instrument and the other Loan Instruments shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary by reason of any event as to which Grantor is obligated to indemnify Beneficiary, then, upon demand by Beneficiary, Grantor, at Grantor’s 's sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's name, if necessary, by such attorneys as Beneficiary shall reasonably approve. Notwithstanding the foregoing, Beneficiary may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor shall pay the fees and disbursements of such attorneys and, until so paidif not paid within ten (10) days following written demand therefor, such amounts shall bear interest at the Increased Rate and shall be secured by this Deed of TrustSecurity Instrument.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Kilroy Realty, L.P.)

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Absence of Insurance. The obligations of Grantor Borrower under this Deed of Trust Agreement and the other Loan Instruments Documents shall not in any way be affected by (1) the absence, in any case, of adequate insurance, (2) the amount of the insurance or (3) the failure or refusal of any insurer to perform any obligation required to be performed by it pursuant to any insurance policy affecting the Secured Property. If any claim, action or proceeding is made or brought against Beneficiary Lender by reason of any event as to which Grantor Borrower is obligated to indemnify BeneficiaryLender, then, upon demand by BeneficiaryLender, GrantorBorrower, at GrantorBorrower’s sole cost and expense, shall resist or defend such claim, action or proceeding in Beneficiary's Lender’s name, if necessary, by such attorneys as Beneficiary Lender shall approve. Notwithstanding the foregoing, Beneficiary Lender may engage its own attorneys, in its discretion, to defend it or to assist in its defense, and Grantor Borrower shall pay the fees and disbursements of such attorneys and, until so paid, such amounts shall bear interest at the Increased Default Rate and shall be secured by this Deed of Trustthe Pledge Agreement.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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