EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of Article 15.1 to the contrary, Borrower and Indemnitor shall be personally liable to Lender on a joint and several basis for the Losses Lender incurs due to: (a) fraud or intentional misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of the Note, this Security Instrument or the Other Security Documents; (b)
Appears in 9 contracts
Samples: Security Agreement (Hartman Commercial Properties Reit), Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust), Security Agreement (Ramco Gershenson Properties Trust)
EXCEPTIONS TO EXCULPATION. Notwithstanding the provisions of this Article 15.1 to the contrary, Borrower and Indemnitor shall be personally liable to Lender on a joint and several basis for the Losses Lender it incurs due to: (ai) fraud or intentional misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of the Note, the Loan Agreement, this Security Instrument or the Other Security Documents; (bii)
Appears in 1 contract