Common use of Liability of Secured Party Clause in Contracts

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor of any obligations or covenants imposed upon the Guarantor, nor shall the Secured Party, in the case of Securities, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Section.

Appears in 4 contracts

Samples: General Security Agreement (Liquid Media Group Ltd.), Securities Purchase Agreement (Trident Brands Inc), Purchase Agreement (Trident Brands Inc)

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Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe observe, or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the GuarantorDebtor, nor shall the Secured Party, in the case of SecuritiesInvestment Property, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionparagraph.

Appears in 4 contracts

Samples: Loan Agreement (Niocorp Developments LTD), Security Agreement (Niocorp Developments LTD), Security Agreement (Placer Del Mar, Ltd.)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 2 contracts

Samples: Loan Agreement (PDG Remediation Inc), Security Agreement (360networks Inc)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe observe, or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall the Secured Party, in the case of Securities, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 2 contracts

Samples: Exchange Agreement Series a/B Loan (Voice Mobility International Inc), Exchange Agreement (Voice Mobility International Inc)

Liability of Secured Party. 14.1 The Secured Party shall will not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall will the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall will not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall will the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall will the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 2 contracts

Samples: Termination Agreement (Smartire Systems Inc), General Security Agreement (Smartire Systems Inc)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable, other than as, a result of the Secured Party's misconduct or gross negligence. The Secured Party shall not be bound to do, observe observe, or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the GuarantorDebtor, nor shall the Secured Party, in the case of Securities, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Section.

Appears in 1 contract

Samples: Security Agreement (Pine Valley Mining Corp)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment nonfulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall the Secured Party party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe observer or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall the Secured Party party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision provisions of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Security Agreement (AquaBounty Technologies, Inc.)

Liability of Secured Party. 14.1 The Secured Party shall will not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall will the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall will not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall will the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall will the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Loan Agreement (Quantex Capital Corp)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable, other than as, a result of the Secured Party's misconduct or gross negligence. The Secured Party shall not be bound to do, observe observe, or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the GuarantorDebtor, nor shall the Secured Party, in the case of Securities, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Section.

Appears in 1 contract

Samples: Security Agreement (Pine Valley Mining Corp)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor of any obligations or covenants imposed upon the Guarantor, nor shall the Secured Party, in the case of Securities, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionparagraph.

Appears in 1 contract

Samples: General Security Agreement (Lithium Exploration Group, Inc.)

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Liability of Secured Party. 14.1 The Secured Party shall will not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall will the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall will not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall will the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall will the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Security Agreement (Tryx Ventures Corp)

Liability of Secured Party. (a) The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, herein provided, (b) nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on or realization or for any default or omission for which a mortgagee in possession may be liable. . (c) The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor, (d) nor shall the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, , (e) nor shall the Secured Party be obliged to keep any of the Collateral identifiable. . (f) The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Asset Purchase Agreement (Banyan Corp /Or/)

Liability of Secured Party. 14.1 The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall the Secured Party be liable to account as a mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Security Agreement (Image Innovations Holdings Inc)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreement, nor shall the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall not be bound to do, observe observe, or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the GuarantorDebtor, nor shall the Secured Party, in the case of SecuritiesInvestment Property, Instruments, or Chattel Paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor waives any applicable provision of law permitted to be waived by it which that imposes higher or greater obligations upon the Secured Party than as contained in this Sectionparagraph.

Appears in 1 contract

Samples: General Security Agreement (Foremost Lithium Resources & Technology Ltd.)

Liability of Secured Party. 14.1 The Secured Party shall will not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment of contracts during any period when the Secured Party shall will manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall will the Secured Party be liable to account as mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable. The Secured Party shall will not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations of the Obligations or covenants imposed upon the Guarantor, Debtor nor shall will the Secured Party, in the case of Securitiessecurities, Instruments, instruments or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall will the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Security Agreement (Sinobiomed Inc)

Liability of Secured Party. The Secured Party shall not be responsible or liable for any debts contracted by it, for damages to persons or property or for salaries or non-fulfilment fulfillment of contracts during any period when the Secured Party shall manage the Collateral upon entry, as provided in this Agreementherein provided, nor shall the Secured Party be liable to account as a mortgagee in possession or for anything except actual receipts or be liable for any loss on realization or for any default or omission for which a mortgagee in possession may be liable; provided, however, the foregoing provisions shall not be interpreted or construed to relieve the Secured Party for liability arising out of the Secured Party's gross negligence or willful misconduct. The Secured Party shall not be bound to do, observe or perform or to see to the observance or performance by the Guarantor Debtor of any obligations or covenants imposed upon the Guarantor, Debtor nor shall the Secured Party, in the case of Securitiessecurities, Instrumentsinstruments, or Chattel Paperchattel paper, be obliged to preserve rights against other persons, nor shall the Secured Party be obliged to keep any of the Collateral identifiable. The Guarantor Debtor hereby waives any applicable provision of law permitted to be waived by it which imposes higher or greater obligations upon the Secured Party than as contained in this Sectionaforesaid.

Appears in 1 contract

Samples: Loan Agreement (Unilens Vision Inc)

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