Liability for Deficiencies. No sale or other disposition of all or any part of the Mortgage Estate pursuant to Section 4.02 shall be deemed to relieve the Mortgagor of its obligations under the Loan Agreement or any other Loan Document except to the extent the proceeds thereof are applied to the payment of such obligations. Except as otherwise provided in the Loan Documents, if the proceeds of sale, collection or other realization of or upon the Mortgage Estate are insufficient to cover the costs and expenses of such realization and the payment in full of the Obligations, the Mortgagor shall remain liable for any deficiency.
Liability for Deficiencies. Guarantor shall be liable to each Guaranteed Party for any deficiency resulting from the exercise by any Guaranteed Party of any right or remedy, even though any right that Guarantor may have against the Borrower or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. Guarantor shall be liable to Lender for any deficiency resulting from the exercise by Lender of any right or remedy, even though any right that Guarantor may have against Borrower or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. No sale or other disposition of all or any part of the Mortgage Estate pursuant to Section 4.01 shall be deemed to relieve the Mortgagor of its obligations under any Loan Instrument except to the extent the proceeds thereof are applied to the payment of such obligations. If the proceeds of sale, collection or other realization of or upon the Mortgage Estate are insufficient to cover the costs and expenses of such realization and the payment in full of the Obligations, the Mortgagor shall remain liable for any deficiency, to the extent permitted by applicable law.
Liability for Deficiencies. Guarantor shall be liable to each Beneficiary for any deficiency resulting from the exercise by any Beneficiary of any right or remedy, even though any right that Guarantor may have against the Aquasition Parties or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. To the fullest extent permitted by applicable law, each Loan Party expressly waives any defenses to the enforcement of this Agreement, or to the enforcement of this Agreement, or to the enforcement of any other Loan Document, or to any rights of the Lender created or granted hereby or thereby, or to the recovery by the Lender against any Loan Party or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale of any collateral, whether real or personal, from time to time securing any of the Obligations, even though such a foreclosure or sale may impair the subrogation rights of one or more of the Loan Parties and may preclude one or more of the Loan Parties and may preclude one or more of the Loan Parties from obtaining reimbursement or contribution from other Loan Parties. To the fullest extent permitted by applicable law, each Loan Party expressly waives any defenses or benefits that may be derived from California Civil Code Section Section 2809, 2810, 2819, 2839, 2849, 2899 or 3433, or from California Code of Civil Procedure Section Section 580a, 580b, 580d or 726, or from comparable provisions of the laws of any other jurisdiction, and all other suretyship defenses it otherwise might or would have under California law or other applicable law. To the fullest extent permitted by applicable law, each Loan Party, for itself, expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein of another Loan Party that is subject to any such deeds of trust or mortgages or other instruments, and any Loan Party's failure to receive any such notice shall not impair or affect such Loan Party's obligations or the enforceability of the Loan Documents or any rights of the Agent created or granted hereby or thereby.
Liability for Deficiencies. 1 The quality of the goods emanates exclusively from the contractual agreements with our customer, meaning on the basis of our written order confirma- tion. 2 Precondition for the lodging claims by the customer is that he must have correctly honoured its inspec- tion and notification obligations as per Articles 377 and 381, HGB (Handelsgesetzbuch [Commercial Code]), meaning that he must have notified us forthwith of the deficiencies. 3 If the customer reports a deficiency, he must im- mediately enable us to view and inspect the deliv- ered goods. If we or our agent are not given that possibility, any claims concerning the relevant defi- ciencies will be null and void.
Liability for Deficiencies. Without prejudice to any other provision contained in this Agreement, the following shall govern the occurrence of any Deficiency in Services by the Strategic Partner during the Operations Phase:
Liability for Deficiencies. 1. The Supplier guarantees that all deliveries/services conform to the latest state of the art and to the relevant legal provisions and standards, regulations and directives of the authorities, safety organisations and specialist industrial associations. Moreover, the Supplier guarantees that all delivered goods are free of defects, conform to the Customer’s requirements and are suitable for the intended use. If, in individual cases, deviations from the said provisions are necessary, the Supplier must obtain the written consent of the Customer to this effect. This consent shall not diminish the Supplier’s liability for deficiencies. If the Supplier has any reservations concerning the Customer’s desired mode of implementation, the Supplier must immediately notify the Customer of these reservations in writing.
