Common use of Limitation on Guarantors’ Liability Clause in Contracts

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s liability under this Guaranty for Borrower’s Obligations shall not exceed at any one time the sum of the following (the “Guarantied Liability Amount”): (a) One Hundred Thirty Million Dollars ($130,000,000.00) for Obligations representing principal (“Principal Amount”), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ fees, and expenses of Agent and Banks relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s liability under this particular Guaranty. Unless Banks otherwise agree in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks may permit the Obligations to, exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s 's liability under this Guaranty for Borrower’s 's Obligations shall not exceed at any one time the sum of the following (the “"Guarantied Liability Amount”"): (a) One Hundred Thirty Million Dollars FOUR MILLION FIVE HUNDRED THOUSAND AND NO/100 ($130,000,000.004,500,000.00) for Obligations representing principal and/or rent (“"Principal Amount”"), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ ' fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s 's liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s 's aggregate liability under this Guaranty for Borrower’s 's Obligations shall not exceed at any one time the sum of the following (the “"Guarantied Liability Amount”"): (a) One Hundred Thirty Ten Million Dollars ($130,000,000.0010,000,000) for Obligations representing principal and/or rent (“"Principal Amount”"), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ ' fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s 's liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s liability under this Guaranty for Borrower’s Obligations shall not exceed at any one time the sum of the following (the “Guarantied Liability Amount”): (a) One Hundred Thirty Forty Million and 00/100ths Dollars ($130,000,000.0040,000,000.00) for Obligations representing principal and/or rent (“Principal Amount”), (b) all interest, fees and like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount Amount, all costs, attorneys’ fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.