Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity hereby waives any rights which such Borrower Entity may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Debt, or (f) resort to any other means of obtaining payment of the Loan by any Other Borrower. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other Borrower.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Guaranteed Debt or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Debt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Debt, (div) join Borrower or any others liable on the Guaranteed Debt in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Guaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Debt. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Debt.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or against any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations, unless required by applicable law.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Guaranteed Debt or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Debt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Debt, (div) join Borrower borrower or any others liable on the Guaranteed Debt in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty Agreement, (ev) exhaust any remedies available to Lender against any collateral security which shall ever have been given to secure the Guaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Debt. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect collect, or enforce the Debt from any Other BorrowerGuaranteed Debt.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity hereby waives any rights which such Borrower Entity may have to require Lender), in order to enforce the obligations of such each Borrower Entity hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt or any other person, (b) enforce Lender’s rights against any collateral Collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral Collateral which shall ever have been given to secure the Debt, or (f) resort to any other means of obtaining payment of the Loan by any Other Borrower. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other Borrower.

No Duty To Pursue Others. It Neither Collateral Agent nor any other Guaranteed Credit Party shall not be necessary for Lender required (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity it may have to require Lender)Collateral Agent or any other Guaranteed Credit Party) to, in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to (a) institute suit or exhaust its remedies against any Other Borrower Obligor or others liable on the Debt Guaranteed Obligations or any other personPerson, (b) enforce Lender’s the Guaranteed Credit Parties’ (or Collateral Agent’s) rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Obligations, (c) enforce Lender’s the Guaranteed Credit Parties’ (or Collateral Agent’s) rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower Obligors or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty Agreement, (e) exhaust any remedies available to Lender the Guaranteed Credit Parties (or Collateral Agent) against any collateral security which shall ever have been given to secure the Debt, Guaranteed Obligations or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender The Guaranteed Credit Parties shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from Guaranteed Obligations. Further, Guarantor expressly waives each and every right to which it may be entitled by virtue of the suretyship law of any Other Borrowerapplicable jurisdiction.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity each Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity each Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Mortgage Borrower, any Mezzanine Borrower or any Trans Lessee or others liable on the Debt Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Obligations, (ciii) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (div) join any Mortgage Borrower, any Mezzanine Borrower or any Trans Lessee or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtGuaranteed Obligations, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations, provided, however, to the extent that Lender has been fully reimbursed for all liabilities relating to the Guaranteed Obligations, Guarantor shall have no liabilities for such Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages (unless required by law) or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to to: (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Guaranteed Debt or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Debt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Debt, (div) join Borrower or any others liable on the Guaranteed Debt in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty Agreement, (ev) exhaust any remedies available to Lender against any collateral security which shall ever have been given to secure the Guaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Debt. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from Guaranteed Debt. Further, Guarantor expressly waives each and every right to which it may be entitled by virtue of the suretyship law of the state of Texas, including without limitation, any Other Borrowerrights pursuant to RULE 31, TEXAS RULES OF CIVIL PROCEDURE, ARTICLES 1986 AND 1987, REVISED CIVIL STATUTES OF TEXAS AND CHAPTER 34 OF THE TEXAS BUSINESS AND COMMERCE CODE.

No Duty To Pursue Others. It shall not be necessary for Lender Note B Holder (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require LenderNote B Holder), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan (or any portion thereof) or the Guaranteed Obligations or any other person, (bii) enforce LenderNote B Holder’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan (or any portion thereof), (iii) enforce Note B Holder’s rights against any other guarantors of the Guaranteed Obligations, (iv) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) exhaust any remedies available to Note B Holder against any collateral which shall ever have been given to secure the Loan (or any portion thereof), or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender Note B Holder shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Guarantor hereunder upon the occurrence and during the continuance of an Event of Default by Borrower Entity hereunderwith respect to the timely Completion of the Guaranteed Obligations (which shall include, for the avoidance of doubt, the failure to Complete the Project by the Completion Date in accordance with Section 4.1.31 of the Loan Agreement, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Lender or Agent (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require LenderLender or Agent), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Completion Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lenderand Agent’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, (iii) enforce Lender’s and Agent’s rights against any other guarantors of the Guaranteed Completion Obligations, (iv) join Borrower or any others liable on the Guaranteed Completion Obligations in any action seeking to enforce this Guaranty, (v) exhaust any remedies available to Lender and Agent against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Completion Obligations. Neither Lender nor Agent shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Completion Obligations.