Common use of Agent’s Right to Perform the Obligations Clause in Contracts

Agent’s Right to Perform the Obligations. If Grantor shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periods, then at any time thereafter, and without notice to or demand upon Grantor and without waiving or releasing any other right, remedy or recourse Agent may have because of same, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of Grantor, and shall have the right to enter the Property and Improvements for such purpose and to take all such action thereon and with respect to the Collateral as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums due with reference to the Collateral, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor shall indemnify Agent and Lenders for all losses, expenses, damages, claims and causes of action, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent pursuant to the provisions of this Section or by reason of any other provision in the Loan Documents. All sums paid by Agent or Lenders pursuant to this Section, and all other sums expended by Agent or Lenders to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditure, shall constitute additions to the Obligations, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor to Agent upon demand.

Appears in 3 contracts

Samples: Security Agreement (Morgans Hotel Group Co.), Mortgage, Security Agreement (Morgans Hotel Group Co.), Security Agreement (Morgans Hotel Group Co.)

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Agent’s Right to Perform the Obligations. If Grantor Borrowers shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrowers and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrowers, and shall have the right to enter upon the Property and Improvements Projects for such purpose and to take all such action thereon and with respect to the Collateral Projects as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProjects, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority governmental authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity) affect or threaten to affect any Project, Agent may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrowers shall indemnify Agent and Lenders Lender for all losses, expenses, damages, claims and causes of action, including reasonable attorneys' fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender's gross negligence or willful misconduct. All sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrowers to Agent upon demand.

Appears in 2 contracts

Samples: Loan Agreement (Ensign Group, Inc), Loan Agreement (Brookdale Senior Living Inc.)

Agent’s Right to Perform the Obligations. If Grantor Borrowers shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrowers and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrowers, and shall have the right to enter upon the Property and Improvements Projects for such purpose and to take all such action thereon and with respect to the Collateral Projects as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProjects, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority governmental authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity Agreement) affect or threaten to affect any Project, Agent may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrowers shall indemnify Agent and Lenders Lender for all losses, expenses, damages, claims and causes of action, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section ‎Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender’s gross negligence or willful misconduct. All sums paid by Agent or Lenders Lender pursuant to this Section‎Section 10.3, and all other sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrowers to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Agent’s Right to Perform the Obligations. If Grantor Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrower and without waiving or releasing any other right, remedy or recourse Agent or the Banks may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrower, and shall have the right to enter upon the Property and Improvements Project for such purpose and to take all such action thereon and with respect to the Collateral Project as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProject, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials affect or threaten to affect the Project, Agent may (but shall indemnify not be obligated to) give such notices and, subject to the terms of the Indemnity Agreement, take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. Borrower shall indemnify, defend and hold Agent and Lenders for the Banks harmless from and against any and all losses, expensesliabilities, claims, damages, claims and causes expenses, obligations, penalties, actions, judgments, suits, costs or disbursements of actionany kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or comparative negligence of Agent, except as a result of Agent’s or the Banks’ gross negligence or willful misconduct as determined by reason a court of competent jurisdiction by a final and non-appealable judgment or any other provision exclusion provided for in the Loan DocumentsIndemnity Agreement. All sums paid by Agent or Lenders pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders to which they it shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrower to Agent upon demand.

Appears in 1 contract

Samples: Term Loan Agreement (Wynn Resorts LTD)

Agent’s Right to Perform the Obligations. If Grantor Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrower and without waiving or releasing any other right, remedy or recourse Agent or the Lenders may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrower, and shall have the right to enter upon the Property and Improvements Project for such purpose and to take all such action thereon and with respect to the Collateral Project as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProject, Agent may do so in reliance on any xxxxbill, statement or assessment procured from the appropriate Governmental Authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials affect or threaten to affect the Project, Agent may (but shall indemnify not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. Xxxxxxxx shall indemnify, defend and hold Agent and the Lenders for harmless from and against any and all losses, expensesliabilities, claims, damages, claims and causes expenses, obligations, penalties, actions, judgments, suits, costs or disbursements of actionany kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in Agent, except as a result of Agent’s or the Loan DocumentsLenders’ gross negligence or willful misconduct. All sums paid by Agent or Lenders pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders to which they it shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrower to Agent upon demand.

Appears in 1 contract

Samples: Term Loan Agreement (Seaport Entertainment Group Inc.)

Agent’s Right to Perform the Obligations. If Grantor Borrowers shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrowers and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrowers, and shall have the right to enter upon the Property and Improvements Projects for such purpose and to take all such action thereon and with respect to the Collateral Projects as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProjects, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority governmental authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity) affect or threaten to affect any Project, Agent may (but shall indemnify not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrowers shall, and hereby do, indemnify, defend and hold Agent and Lenders for Lender from and against any and all losses, expenses, damages, claims and causes of action, liabilities, obligations, penalties, judgments, suits, or disbursements of any kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender’s gross negligence or willful misconduct. All sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoans, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrowers to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (Ensign Group, Inc)

Agent’s Right to Perform the Obligations. If Grantor Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrower and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrower, and shall have the right to enter upon the Property and Improvements Projects for such purpose and to take all such action thereon and with respect to the Collateral Projects as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProjects, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority governmental authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity) affect or threaten to affect the Projects, Agent may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrower shall indemnify Agent and Lenders Lender for all losses, expenses, damages, claims and causes of action, including reasonable attorneys' fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender's gross negligence or willful misconduct. All reasonable sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other reasonable sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrower to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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Agent’s Right to Perform the Obligations. If Grantor Borrowers shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrowers and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrowers, and shall have the right to enter upon the Property and Improvements Projects for such purpose and to take all such action thereon and with respect to the Collateral Projects as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProjects, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity Agreement) affect or threaten to affect any Project, Agent may (but shall indemnify not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrowers shall, and hereby do, indemnify, defend and hold Agent and Lenders for Lender harmless from and against any and all losses, expenses, damages, claims and causes of action, liabilities, obligations, penalties, judgments, suits, or disbursements of any kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender’s gross negligence or willful misconduct. All sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoans, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrowers to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (CareTrust REIT, Inc.)

Agent’s Right to Perform the Obligations. If Grantor Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrower and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrower, and shall have the right to enter upon the Property and Improvements Project for such purpose and to take all such action thereon and with respect to the Collateral Project as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProject, Agent may do so in reliance on any xxxxbill, statement or assessment procured from the appropriate Governmental Authority governxxxxal authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor If an Event of Default shall have occurred and is continuing, if any Hazardous Materials (as defined in the Environmental Indemnity) affect or threaten to affect the Project, Agent may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to abate the discharge of any Hazardous Materials or remove the Hazarxxxx Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrower shall indemnify Agent and Lenders Lender for all losses, expenses, damages, claims and causes of action, including reasonable attorneys' fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender's gross negligence or willful misconduct. All sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrower to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (Provident Senior Living Trust)

Agent’s Right to Perform the Obligations. If Grantor Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents after the expiration of relevant notice and cure periodsDocuments, then at while any time thereafterEvent of Default exists, and without notice to or demand upon Grantor Borrower and without waiving or releasing any other right, remedy or recourse Agent or Lender may have because of samesuch Event of Default, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorBorrower, and shall have the right to enter upon the Property and Improvements Project for such purpose and to take all such action thereon and with respect to the Collateral Project as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums sum due with reference to the CollateralProject, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority governmental authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Additionally, if any Hazardous Materials (as defined in the Environmental Indemnity) affect or threaten to affect the Project, Agent may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any Hazardous Materials or remove the Hazardous Materials. In exercising any rights under the Loan Documents or taking any actions provided for therein, Agent may act through its employees, agents or independent contractors as authorized by Agent. Borrower shall indemnify Agent and Lenders Lender for all losses, expenses, damages, claims and causes of action, including reasonable attorneys' fees, incurred or accruing by reason of any acts performed by Agent or Lender pursuant to the provisions of this Section 10.3, including those arising from the joint, concurrent, or by reason comparative negligence of any other provision in the Loan DocumentsAgent or Lender, except as a result of Agent or Lender's gross negligence or willful misconduct. All reasonable sums paid by Agent or Lenders Lender pursuant to this SectionSection 10.3, and all other reasonable sums expended by Agent or Lenders Lender to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditureexpenditure until paid, shall constitute additions to the ObligationsLoan, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Borrower to Agent upon demand.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Agent’s Right to Perform the Obligations. If Grantor Owner shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents Documents, upon the occurrence of and during the continuance of an Event of Default, after the expiration of relevant notice and cure periods, then at any time thereafter, and without notice to or demand upon Grantor Owner and without waiving or releasing any other right, remedy or recourse Agent may have because of same, Agent may (but shall not be obligated to) make such payment or perform such act for the account of and at the expense of GrantorOwner, and shall have the right to enter the Property and Improvements for such purpose and to take all such action thereon and with respect to the Collateral as it may deem necessary or appropriate. If Agent shall elect to pay any Imposition or other sums due with reference to the Collateral, Agent may do so in reliance on any xxxx, statement or assessment procured from the appropriate Governmental Authority or other issuer thereof without inquiring into the accuracy or validity thereof. Similarly, in making any payments to protect the security intended to be created by the Loan Documents, Agent shall not be bound to inquire into the validity of any apparent or threatened adverse title, lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Grantor Owner shall indemnify Agent and Lenders the other Secured Parties for all losses, expenses, damages, claims and causes of action, including reasonable attorneys’ fees, incurred or accruing by reason of any acts performed by Agent pursuant to the provisions of this Section or by reason of any other provision in the Loan Documents. All sums paid by Agent or Lenders the other Secured Parties pursuant to this Section, and all other sums expended by Agent or Lenders the other Secured Parties to which they shall be entitled to be indemnified, together with interest thereon at the Post-Default Rate from the date of such payment or expenditure, shall constitute additions to the Obligations, shall be secured by the Liens created by the Loan Documents and shall be paid by Grantor Owner to Agent upon demand.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (U-Store-It Trust)

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