Common use of EXCLUDED OCCURRENCES Clause in Contracts

EXCLUDED OCCURRENCES. Notwithstanding any provision of this Security Instrument to the contrary, where after the date of this Security Instrument there shall occur an event (including, without limitation, a Release) for which Borrower would have an obligation under this Security Instrument to indemnify, defend, protect or hold harmless the Indemnified Parties, then Borrower shall have no such obligation to indemnify, defend, protect, release and hold harmless the Indemnified Parties from and against Losses for acts or omissions the cause(s) of which is outside or beyond the control of Borrower. For purposes of this Section 11.3, Borrower shall be deemed and construed to have control over the acts and omissions of all tenants and subtenants of the Property and each of their respective agents, vendors, guests, invitees, licencees, servants, employees, officers, directors, representatives, contractors, subcontractors, affiliates and subsidiaries.

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (First Union Real Estate Equity & Mortgage Investments), Deed of Trust and Security Agreement (Sheldahl Inc)

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EXCLUDED OCCURRENCES. Notwithstanding any provision of this Security Instrument to the contrary, where after the date of this Security Instrument there shall occur an event (including, without limitation, a Release) for which Borrower would have an obligation under this Security Instrument to indemnify, defend, protect or hold harmless the Indemnified Parties, then Borrower shall have no such obligation to indemnify, defend, protect, release and hold harmless the Indemnified Parties from and against Losses for acts or omissions the cause(s) of which is outside or beyond the control of Borrower. For purposes of this Section 11.3, Borrower shall be deemed and construed to have control over the acts and omissions of all tenants and subtenants of the 42 Property and each of their respective agents, vendors, guests, invitees, licenceeslicensees, servants, employees, officers, directors, representatives, contractors, subcontractors, affiliates and subsidiaries.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)

EXCLUDED OCCURRENCES. Notwithstanding any provision of this Security Instrument to the contrary, where after the date of this Security Instrument there shall occur an event (including, without limitation, a Release) for which Borrower would have an obligation under this Security Instrument to indemnify, defend, protect or hold harmless the Indemnified Parties, then Borrower shall have no such obligation to indemnify, defend, protect, release and hold harmless the Indemnified Parties from and against Losses for acts or omissions the cause(s) of which is outside or beyond the control of Borrower. For purposes of this Section 11.3, Borrower shall be deemed and construed to have control over the acts and omissions of all tenants and subtenants of the Property and each of their respective agents, vendors, guests, invitees, licenceeslicensees, servants, employees, officers, directors, representatives, contractors, subcontractors, affiliates and subsidiaries.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)

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EXCLUDED OCCURRENCES. Notwithstanding any provision of this Security Instrument to the contrary, where after the date of this Security Instrument there shall occur an event (including, including without limitation, a Release) for which Borrower would have an obligation under this Security Instrument to indemnify, defend, protect or hold harmless the Indemnified Parties, then Borrower shall have no such obligation to indemnify, defend, protect, release and hold harmless the Indemnified Parties from and against Losses for acts or omissions the cause(s) of which is outside or beyond the control of Borrower. For purposes of this Section 11.3, Borrower shall be deemed and construed to have control over the acts and omissions of all tenants and subtenants of the Property and each of their respective agents, vendors, guests, invitees, licenceeslicensees, servants, employees, officers, directors, representatives, contractors, subcontractors, affiliates and subsidiaries.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Fairchild Corp)

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