Common use of Liability of Indemnitor Clause in Contracts

Liability of Indemnitor. The liability of Indemnitor under this ----------------------- Indemnity Agreement shall in no way be limited or impaired by any amendment or modification of the provisions of the Loan Documents to or with the Agent or Lenders by Indemnitor or any person who succeeds the Borrower as owner of the Property. In addition, the liability of Indemnitor under this Indemnity Agreement shall in no way be limited or impaired by (but subject in all events to the terms set forth in Section 16 hereof) (i) any extensions of time for performance required by any of the Loan Documents; (ii) any sale, assignment, or foreclosure of the Note or Deed of Trust or any sale or transfer of all or part of the Property or any interest(s) therein; (iii) any exculpatory provision in any of the Loan Documents limiting Lenders' recourse to property encumbered by the Deed of Trust or to any other security, or limiting Lenders' rights to a deficiency or other judgment against Indemnitor or any other obligor or guarantor thereunder (including, without limitation, Section 9.13(b) of the Credit Agreement and the corresponding exculpation provisions set forth in the Note, the Deed of Trust and this Indemnity Agreement); (iv) the accuracy or inaccuracy of the representations and warranties made by the Borrower under any of the Loan Documents; (v) the release of the Borrower or any other person or entity from performance or observance of any of the agreements, covenants, terms, or conditions contained in any of the Loan Documents by operation of law, Lenders' voluntary act, or otherwise; (vi) the release or substitution in whole or in part of any security for the Note; or (vii) Lenders' failure to record any Deed of Trust or file any UCC financing statements (or Lenders' improper recording or filing of any thereof) or otherwise to perfect, protect, secure, or insure any security interest or lien given as security for the Note; and, in any such case, whether with or without notice to Indemnitor and with or without consideration.

Liability of Indemnitor. The liability of Indemnitor under this ----------------------- Indemnity Agreement shall in no way be limited or impaired by by, any amendment or modification of the provisions of the Loan Documents to or with the Agent or Lenders Lender by Indemnitor or any person who succeeds the Borrower Indemnitor as owner of the Mortgaged Property, or any portion thereof. In addition, the liability of Indemnitor under this Indemnity Agreement shall in no way be limited or impaired by (but subject in all events to the terms set forth in Section 16 hereof) (i) any extensions of time for performance required by any of the Loan Documents; (ii) any sale, assignment, or foreclosure of the Mortgage Note or Deed of Trust the Mortgage or any sale or transfer of all or part of the Property or any interest(s) thereinMortgaged Property; (iii) any exculpatory provision in any of the Loan Documents limiting Lenders' Lender's recourse to property encumbered by the Deed of Trust Mortgage or to any other security, or limiting Lenders' Lender's rights to a deficiency or other judgment against Indemnitor or any other obligor or guarantor thereunder (includingparty, including without limitation, Section 9.13(b) any provision of the Credit Agreement and the corresponding exculpation provisions set forth in the Note, the Deed of Trust and this Indemnity Agreement); Loan Documents entitled "LIMITATIONS ON LIABILITY;" (iv) the accuracy or inaccuracy of the representations and warranties made by the Borrower Indemnitor under any of the Loan Documents; (v) the release of the Borrower Indemnitor or any other person or entity from performance or observance of any of the agreements, covenants, terms, or conditions contained in any of the Loan Documents by operation of law, Lenders' Lender's voluntary act, or otherwise; (vi) the release or substitution in whole or in part of any security for the Mortgage Note; or (vii) Lenders' Lender's failure to record any Deed of Trust or file any UCC financing statements (or Lenders' improper recording or filing of any thereof) or otherwise to perfect, protect, secure, or insure any security interest or lien given as security for the Mortgage Note; and, in any such case, whether with or without notice to Indemnitor and with or without consideration.

Liability of Indemnitor. The liability of Indemnitor under this ----------------------- Indemnity Agreement shall in no way be limited or impaired by any amendment or modification of the provisions of the Loan Documents to or with the Agent or Lenders Lender by Indemnitor or any person who succeeds the Borrower as owner of the Property. In addition, the liability of Indemnitor under this Indemnity Agreement shall in no way be limited or impaired by (but subject in all events to the terms set forth in Section 16 hereof) (i) any extensions of time for performance required by any of the Loan Documents; (ii) any sale, assignment, or foreclosure of the Note or Deed of Trust Mortgage or any sale or transfer of all or part of the Property or any interest(s) therein; (iii) any exculpatory provision in any of the Loan Documents limiting Lenders' Lender's recourse to property encumbered by the Deed of Trust Mortgage or to any other security, or limiting Lenders' Lender's rights to a deficiency or other judgment against Indemnitor or any other obligor or guarantor thereunder (including, without limitation, Section 9.13(b) of the Credit Agreement and the corresponding exculpation provisions set forth in the Note, the Deed of Trust and this Indemnity Agreement)thereunder; (iv) the accuracy or inaccuracy of the representations and warranties made by the Borrower under any of the Loan Documents; (v) the release of the Borrower or any other person or entity from performance or observance of any of the agreements, covenants, terms, or conditions contained in any of the Loan Documents by operation of law, Lenders' Lender's voluntary act, or otherwise; (vi) the release or substitution sub stitution in whole or in part of any security for the Note; or (vii) Lenders' Lender's failure to record any Deed of Trust Mortgage or file any UCC financing statements (or Lenders' Lender's improper recording or filing of any thereof) or otherwise to perfect, protect, secure, or insure any security interest or lien given as security for the Note; and, in any such case, whether with or without notice to Indemnitor and with or without consideration.