Liability Not Limited. Guarantor’s liability hereunder shall not be subject to, limited by or affected in any way by any nonrecourse provisions or provisions limiting liability contained in the Loan Agreement, the Note, any Mortgage or any other Loan Document. Guarantor agrees that the indemnities made in Sections 1 and 2 hereof and given in this Agreement are separate and distinct from, independent of and in addition to Borrower’s undertakings under the Note, the Mortgages and the other Loan Documents. Guarantor agrees that a separate action may be brought to enforce the provisions of this Agreement which shall in no way be deemed to be an action on the Note, the Loan Agreement or any other Loan Document. Guarantor hereby waives the defenses of laches and any applicable statute of limitations.
Appears in 4 contracts
Samples: Recourse Liability Agreement (KBS Real Estate Investment Trust, Inc.), Supplemental Recourse Liability Agreement (KBS Real Estate Investment Trust, Inc.), Collateral Transfer and Settlement Agreement (KBS Real Estate Investment Trust, Inc.)
