Common use of No Liability on Mortgagee Clause in Contracts

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgage, Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: any and all liabilities, losses or damages which Mortgagee may incur or pay under or with respect to any of the Property or under or by reason of its exercise of rights hereunder; and any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Property. Mortgagee shall not have responsibility for the control, care, management or repair of the Property or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases or under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Property.

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgageherein, Mortgagee shall not be obligated to perform or discharge, and does not hereby undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgagehereunder, under any of the Leasesleases affecting the Premises, under any Contract contract relating to the Premises or under any other Propertyotherwise, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: from any and all liabilitiesliability, losses loss or damages damage which Mortgagee may incur or pay under or with respect to any portion of the Property Premises or under or by reason of its exercise of rights hereunder; and any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations obligation or undertakings undertaking on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating affecting any portion of the PropertyPremises or affecting any rights of Mortgagor thereto. Mortgagee shall not have responsibility for the control, care, management or repair of the Property Premises or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property Premises resulting in loss, loss or injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases leases affecting the Premises or under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after immediately upon demand for the full amount thereof, including costs, expenses and reasonable attorneys’ fees. Notwithstanding , and the foregoing, Mortgagee amount thereof shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Propertyconstitute Indebtedness Hereby Secured.

No Liability on Mortgagee. Notwithstanding anything contained Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from Mortgagee's failure to let the Mortgaged Property, or any part thereof, after an Event of Default or from any other act or omission of Mortgagee in this Mortgagemanaging the Mortgaged Property, or any part thereof. Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, Leases and Mortgagor shall and does hereby agree to indemnify against Mortgagee for, and hold Mortgagee harmless of and from: , any and all liabilitiesliability, losses loss or damages damage which Mortgagee may incur or pay might be incurred under or with respect to any of the Property or under or by reason of its exercise of rights hereunder; Leases, and from any and all claims and demands whatsoever which may be asserted against it Mortgagee by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Property. Mortgagee shall not have responsibility for the control, care, management or repair of the Property or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liabilityLeases. Should Mortgagee incur any such liability, loss or damage liability under any of the Leases or under or by reason hereof, or in the defense of any such claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ fees. Notwithstanding ' fees shall be secured hereby and Xxxxxxxxx shall reimburse Mortgagee therefor immediately upon demand, and upon the foregoingfailure of Mortgagor to do so Mortgagee may, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liabilityat its option, loss or damage to declare the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the PropertySecured Indebtedness immediately due and payable.

No Liability on Mortgagee. Notwithstanding anything contained in this ------------------------- Mortgage, the Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of the Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or Intangible, under any other PropertyContract for Construction, under any Contract for Sale or otherwise, and the Mortgagor shall and does hereby agree to indemnify against and hold the Mortgagee harmless of and from: (i) any and all liabilities, losses or damages which the Mortgagee may incur or pay under or with respect to any of the Property Collateral or under or by reason of its exercise of rights hereunder; and (ii) any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property Collateral or in any of the contracts, documents or instruments evidencing or creating any of the PropertyCollateral, except for any liabilities, losses, damages, claims or demands that arise from the Mortgagee's gross negligence or wilful misconduct. The Mortgagee shall not have responsibility for the control, care, management or repair of the Property Premises or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property Premises resulting in loss, injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against the Mortgagee in its exercise of the powers herein granted to it, and the Mortgagor expressly waives and releases any such liability. Should the Mortgagee incur any such liability, loss or damage under any of the Leases or under or by reason hereof, or in the defense of any claims or demands, the Mortgagor agrees to reimburse the Mortgagee within ten (10) days after immediately upon demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Property.

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgage, Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: any and all liabilities, losses or damages which Mortgagee may incur or pay under or with respect to any of the Property or under or by reason of its exercise of rights hereunder; and any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Property. Mortgagee shall not have responsibility for the control, care, management or repair of the Property or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases or under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Property.

No Liability on Mortgagee. Notwithstanding anything contained in herein, this Mortgage, Leasehold Mortgage is only intended as security for the Obligations and Mortgagee shall not be obligated to perform or discharge, and does Mortgagee need not undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: any and all liabilities, losses or damages which Mortgagee may incur or pay under or with respect to any of the Property or under or by reason of its exercise of rights hereunder; and any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Subject Property. Mortgagee shall not have responsibility for the control, care, management or repair of the Property or nor shall Mortgagee be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Subject Property resulting in loss or injury or death to any licensee, employee, tenant or stranger, unless Mortgagee takes physical possession and occupancy of the Subject Property and such loss, injury or death to any tenant, licensee, employee, stranger or other personis not a result of the direct action by Mortgagee. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee or any Person exercising rights on its behalf incur any such liability, loss or damage under any of the Leases or damage, under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten and such Person, immediately upon demand (10provided such demand is accompanied by an itemized statement) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding , and any such obligations of Mortgagor shall be Obligations hereunder and shall survive any foreclosure or transfer in lieu of foreclosure of this Leasehold Mortgage and the foregoing, Mortgagee shall not be released release of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Propertythis Leasehold Mortgage.

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgageherein, Mortgagee shall not be obligated to perform or discharge, and does not hereby undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgagehereunder, under any of the Leasesleases affecting the Premises, under any Contract contract relating to the Premises or under any other Propertyotherwise, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: (i) any and all liabilitiesliability, losses loss or damages damage which Mortgagee may incur or pay under or with respect to any portion of the Property Premises or under or by reason of its exercise of rights hereunder; and (ii) any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations obligation or undertakings undertaking on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating affecting any portion of the PropertyMortgaged Premises or affecting any rights of Mortgagor thereto. Mortgagee shall not have responsibility for the control, care, management or repair of the Property Premises or be responsible or liable for any negligence in the management, . operation, upkeep, repair or control of the Property Premises resulting in loss, loss or injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases leases affecting the Premises or under or by reason hereof, . or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after immediately upon demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Property.

No Liability on Mortgagee. Notwithstanding anything contained Mortgagee shall not be liable for any loss sustained by Mortgagor resulting from Mortgagee's failure to let the Mortgaged Property, or any part thereof, after Default or from any other act or omission of Mortgagee in this Mortgagemanaging the Mortgaged Property, or any part thereof. Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, and Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: any and all liabilities, losses or damages which Mortgagee may incur or pay under or with respect to any of the Property Leases or under or by reason of its exercise this Mortgage, and Mortgagor shall indemnify Mortgagee for, and hold Mortgagee harmless from, any and all liability, loss or damage which may or might be incurred under the Leases or under or by reason of rights hereunder; this Mortgage, and from any and all claims and demands whatsoever which may be asserted against it Mortgagee by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in the Leases. Should Mortgagee incur any such liability under the Leases or under or by reason of the Property this Mortgage or in defense of any such claims or demands, the amount thereof, including costs, expenses and reasonable attorneys' fees shall be secured hereby and Mortgagor shall reimburse Mortgagee therefor immediately upon demand, and upon the failure of Mortgagor to do so Mortgagee may, at its option, declare the contracts, documents or instruments evidencing or creating any of the PropertySecured Indebtedness immediately due and payable. Mortgagee It is further understood that this Mortgage shall not have operate to place responsibility for the control, care, management or repair of the Mortgaged Property upon Mortgagee, or be for the carrying out of any of the terms and conditions of the Leases; nor shall it operate to make Mortgagee responsible or liable for any waste committed on the Mortgaged Property by the Lessees or any other parties, or for any dangerous or defective condition of the Mortgaged Property, or for any negligence in the management, operation, upkeep, repair or control of the Property Mortgaged Property, resulting in loss, injury or death to any tenantLessee, licensee, employee, stranger employee or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases or under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Propertystranger.

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgageherein to the contrary, the Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, discharge any obligation, duty or liability of MortgagorBorrower, whether under this Mortgage, under any of the Leases, under any Contract Leases or under any other Propertyotherwise, and Mortgagor Borrower shall and does hereby agree to indemnify against and hold the Mortgagee harmless of and from: from any and all liabilitiesliability, losses claim, expense, loss or damages damage which Mortgagee may or might incur or pay under or with respect to any of the Property Mortgaged Property, or under or by reason of its exercise of rights hereunder; , and of and from any and all claims and demands whatsoever which may be asserted against it Mortgagee by reason of any alleged obligations or undertakings on its part to perform be performed or discharge any discharged unless due to the negligence or willful misconduct of the termsMortgagee, covenants its agents or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Propertyemployees. The Mortgagee shall not have responsibility for the control, care, management or repair of the Mortgaged Property or nor shall the Mortgagee be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Mortgaged Property resulting in loss, loss or injury or death to any tenantTenant, licensee, employeeemployee or stranger, stranger unless and until Mortgagee takes possession or other personcontrol of the Mortgaged Property. No liability shall be enforced or asserted against the Mortgagee in its exercise of the powers herein granted to it, and Mortgagor Borrower expressly waives and releases any such liabilityliability except in the event of the gross negligence or willful misconduct of Mortgagee following Mortgagee's obtaining of title to or possession of the Mortgaged Property. Should the Mortgagee incur any such liability, loss or damage damage, under any of the Leases or under or by reason hereofLeases, or in the defense of any claims or demands, Mortgagor Borrower, to the fullest extent permitted by law, agrees to reimburse the Mortgagee within ten (10) days after of demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding , and if not so paid then with interest thereon from date of such payment at the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the PropertyDefault Rate.

No Liability on Mortgagee. Notwithstanding anything contained in this Mortgage, Mortgagee shall not be obligated to perform or discharge, and does not undertake to perform or discharge, any obligation, duty or liability of the Mortgagor, whether under this Mortgage, under any of the Leases, under any Contract or under any other Property, and the Mortgagor shall and does hereby agree to indemnify against and hold Mortgagee harmless of and from: any and all liabilities, losses or damages which Mortgagee may incur or pay under or with respect to any of the Property or under or by reason of its exercise of rights hereunder; and any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any of the Property or in any of the contracts, documents or instruments evidencing or creating any of the Property. Mortgagee shall not have responsibility for the control, care, management or repair of the Property or be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in loss, injury or death to any tenant, licensee, employee, stranger or other person. No liability shall be enforced or asserted against Mortgagee in its exercise of the powers herein granted to it, and Mortgagor expressly waives and releases any such liability. Should Mortgagee incur any such liability, loss or damage under any of the Leases or under or by reason hereof, or in the defense of any claims or demands, Mortgagor agrees to reimburse Mortgagee within ten (10) days after demand for the full amount thereof, including costs, expenses and reasonable attorneys’ ' fees. Notwithstanding the foregoing, Mortgagee shall not be released of liability nor entitled to be indemnified by Mortgagor for any liability, loss or damage to the extent arising from any act or omission of Mortgagee after Mortgagee takes physical possession of the Property or becomes owner of the Property.