Common use of Debtor Remains Liable Clause in Contracts

Debtor Remains Liable. (a) Anything herein contained to the contrary notwithstanding, Sutura shall remain liable under any contracts, agreements and other documents included in the Collateral, to perform all of the obligations undertaken by it thereunder, all in accordance with and pursuant to the terms and provisions thereof, and Secured Parties shall have no obligations or liabilities (jointly or severally) under any such contracts, agreements and other documents by reason of or arising out of this Agreement, nor shall Secured Parties be required or obligated in any manner to perform or fulfill any obligations of Sutura thereunder or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by such Secured Party or present or file any claim, or take any action to collect or enforce the payment of any amounts which may have been assigned to such Secured Party or to which such Secured Party may be entitled at any time or times. (b) If any default by Sutura under any of the contracts, agreements or other documents included in the Collateral shall occur, each Secured Party shall, at its option, be permitted (but shall not be obligated) to remedy any such default by giving written notice of such intent to Sutura and to the parties to such contract, agreement or other document. Any cure by Secured Party of Sutura’s default under any such contract, agreement or other document shall not be construed as an assumption by such Secured Party of any obligations, covenants or agreements of Sutura contained in such contract, agreement or other document, and Secured Party shall not incur any liability to Sutura or any other person as a result of any actions undertaken by such Secured Party in curing or attempting to cure any such default. This Agreement shall not be deemed to release or to affect in any way the obligations of Sutura under any of such contracts, agreements or other documents.

Debtor Remains Liable. (a) Anything herein contained to the contrary notwithstanding, Sutura the Company shall remain liable under any contracts, agreements and other documents included in the Collateral, to perform all of the obligations undertaken by it thereunder, all in accordance with and pursuant to the terms and provisions thereof, and Secured Parties shall have no obligations or liabilities (jointly or severally) under any such contracts, agreements and other documents by reason of or arising out of this Agreement, nor shall Secured Parties be required or obligated in any manner to perform or fulfill any obligations of Sutura the Company thereunder or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by such Secured Party or present or file any claim, or take any action to collect or enforce the payment of any amounts which may have been assigned to such Secured Party or to which such Secured Party may be entitled at any time or times. (b) If any default by Sutura the Company under any of the contracts, agreements or other documents included in the Collateral shall occur, each Secured Party shall, at its option, be permitted (but shall not be obligated) to remedy any such default by giving written notice of such intent to Sutura the Company and to the parties to such contract, agreement or other document. Any cure by Secured Party of Suturathe Company’s default under any such contract, agreement or other document shall not be construed as an assumption by such Secured Party of any obligations, covenants or agreements of Sutura the Company contained in such contract, agreement or other document, and Secured Party shall not incur any liability to Sutura the Company or any other person as a result of any actions undertaken by such Secured Party in curing or attempting to cure any such default. This Agreement shall not be deemed to release or to affect in any way the obligations of Sutura the Company under any of such contracts, agreements or other documents.

Debtor Remains Liable. (a) Anything herein contained to the contrary notwithstanding, Sutura Wits Basin shall remain liable under any contractsits articles of incorporation, agreements and bylaws or other constituent documents included in (together, the Collateral"Constituent Documents”), to perform all of the obligations undertaken by it thereunder, all in accordance with and pursuant to the terms and provisions thereof, and Secured Parties Party shall have no obligations or liabilities (jointly or severally) under any such contracts, agreements and other documents the Constituent Documents by reason of or arising out of this Agreement, nor shall Secured Parties Party be required or obligated in any manner to perform or fulfill any obligations of Sutura Wits Basin thereunder or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by such Secured Party their or present or file any claim, or take any action to collect or enforce the payment of any amounts which may have been assigned to such Secured Party them or to which such Secured Party they may be entitled at any time or times. (b) If any default by Sutura Wits Basin under any of the contracts, agreements or other documents included in the Collateral Constituent Documents shall occur, each Secured Party shall, at its option, be permitted (but shall not be obligated) to remedy any such default by giving written notice of such intent to Sutura Wits Basin and to the parties to such contract, agreement or other documentagreement. Any cure by Secured Party of SuturaWits Basin’s default under any such contract, agreement or other document a Constituent Document shall not be construed as an assumption by such Secured Party of any obligations, covenants or agreements of Sutura contained in such contract, agreement or other documentWits Basin under the Constituent Documents, and Secured Party shall not incur any liability to Sutura Wits Basin or any other person as a result of any actions undertaken by such Secured Party in curing or attempting to cure any such default. This Agreement shall not be deemed to release or to affect in any way the obligations of Sutura Wits Basin under any of such contracts, agreements or other documentsthe Constituent Documents.

Debtor Remains Liable. (a) Anything herein contained to the contrary notwithstanding, Sutura El Capitan - Delaware shall remain liable under any contracts, agreements and other documents included in the Collateral, to perform all of the obligations undertaken by it thereunder, all in accordance with and pursuant to the terms and provisions thereof, and Secured Parties Party shall have no obligations or liabilities (jointly or severally) under any such contracts, agreements and or other documents by reason of or arising out of this Agreement, nor shall Secured Parties Party be required or obligated in any manner to perform or fulfill any obligations of Sutura El Capitan - Delaware thereunder or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by such Secured Party them or present or file any claim, or take any action to collect or enforce the payment of any amounts which may have been assigned to such Secured Party them or to which such Secured Party they may be entitled at any time or times. (b) If any default by Sutura El Capitan - Delaware under any of the contracts, agreements or other documents included in the Collateral shall occur, each Secured Party shall, at its option, be permitted (but shall not be obligated) to remedy any such default by giving written notice of such intent to Sutura El Capitan - Delaware and to the parties to such contract, agreement or other document. Any cure by Secured Party of Sutura’s El Capitan - Delaware's default under any such contract, agreement or other document shall not be construed as an assumption by such Secured Party of any obligations, covenants or agreements of Sutura El Capitan - Delaware contained in such contract, agreement or other document, and Secured Party shall not incur any liability to Sutura El Capitan - Delaware or any other person as a result of any actions undertaken by such Secured Party in curing or attempting to cure any such default. This Agreement shall not be deemed to release or to affect in any way the obligations of Sutura El Capitan - Delaware under any of such contracts, agreements or other documents.