No Release from Liability. Landlord may collect Annual Basic Rent and Additional Rent from the assignee, subtenant, occupant or other transferee, and apply the amount so collected, first to the monthly installments of Annual Basic Rent, then to any Additional Rent and other sums due and payable to Landlord, and the balance, if any, to Landlord, but no such assignment, subletting, occupancy, transfer or collection shall be deemed a waiver of Landlord's rights under this Article 19, or the acceptance of the proposed assignee, subtenant, occupant or transferee. Notwithstanding any assignment, sublease or other transfer (with or without the consent of Landlord), Tenant shall remain primarily liable under this Lease and neither Tenant nor any Guarantor shall be released from performance of any of the terms, covenants and conditions of this Lease.
No Release from Liability. Except as provided in Section 14.4, nothing in this Article XIV shall be deemed to release either party from liability for damages resulting from the negligence or willful misconduct of such party or from responsibility for repairs necessitated by such negligence or willful misconduct. By requiring insurance as provided herein, neither Lessor nor Lessee represents that coverage and limits will necessarily be adequate to protect Lessee or Lessor, and such coverage and limits shall not be deemed as a limitation of the liability of Lessee or Lessor under any indemnification provisions in this Lease. Failure of Lessor to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Lessor to identify a deficiency from evidence that is provided shall not be construed as a waiver of Lessee’s obligation to maintain such insurance.
No Release from Liability. Nothing in the Plan shall relieve any person from liability for any responsibility under Part 4 of Title I of the Act. Subject thereto, neither Trustee, Loan Trustee, Administrator nor Distributor nor any other person shall have any liability under the Plan, except as a result of negligence or wilful misconduct, and in any event the Employer shall fully indemnify and save harmless all persons from any liability except that resulting from their negligence or wilful misconduct.
No Release from Liability. In no event shall any assignment or subletting release or relieve the Tenant from its obligations to fully observe or perform all of the terms, covenants and conditions of this Lease (including the obligation to pay Rent) on its part to be observed or performed and the fact that the Landlord and the Agent may consent to any assignment or subletting or be deemed to have so consented shall not be construed as constituting such a release of the Tenant. No assignment or sublease made as permitted by this Article 12 shall affect or reduce any of the obligations (including the obligation to pay Rent) of the Tenant hereunder, and all such obligations shall continue as obligations (including the obligation to pay Rent) of the Tenant in full force and effect as obligations of a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made; provided that performance by any such assignee or sublessee of any of the obligations of the Tenant under this Lease shall be deemed to be performance by the Tenant. No sublease or assignment made as permitted by this Article 12 shall impose any obligations on the Landlord other than those set forth herein or otherwise affect any of the rights of the Landlord under this Lease.
No Release from Liability. Compliance with the insurance requirements provided for in this Article 8 shall not release the Contractor from its liabilities under this Agreement should such liabilities exceed the required insurance coverages under Article 8 and Schedule A.
No Release from Liability. No Transfer, whether with or without Landlord's consent, shall relieve Tenant or any guarantor of Tenant's obligations under this Lease, from its covenants and obligations hereunder during the Term. Tenant shall, promptly upon demand, reimburse Landlord for Landlord's reasonable attorneys' fees incurred in conjunction with the processing and documentation of any requested Transfer.
No Release from Liability. Tenant shall not be released from any liability or obligation under this Lease notwithstanding such assignment, subletting licensing or other transfer. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any transfer of an ownership interest in Tenant by merger, consolidation, sale of stock or liquidation or any transfer of this Lease in connection with the sale of all or substantially all of Tenant's assets, which shall not constitute an assignment for the purpose of this Lease and shall not require the consent of Landlord, provided that with respect to any merger or consolidation or asset sale, the surviving entity shall assume, either in writing or by operation of law, Tenant's obligations under this Lease.
No Release from Liability. Except as provided in Section 14.2 , nothing in this Article XIV or Exhibit N shall be deemed to release either Party from liability for damages resulting from the negligence or willful misconduct of such Party or from responsibility for repairs necessitated by such negligence or willful misconduct. By requiring insurance as provided herein, neither Landlord nor Tenant represents that coverage and limits will necessarily be adequate to protect Tenant or Landlord, and such coverage and limits shall not be deemed as a limitation of the liability of Tenant or Landlord under any indemnification provisions in this Lease. Failure of Landlord to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Landlord to identify a deficiency from evidence that is provided shall not be construed as a waiver of Tenant’s obligation to maintain such insurance.
No Release from Liability. No payment or payments -------------------------- made by an Loan Party or received or collected by Lender from a Borrower or any other Person by virtue of any action or proceeding or any setoff or appropriation or application at any time or from time to time in reduction of or in payment of the Obligations shall be deemed to modify, release or otherwise affect the liability of each Borrower under this Agreement, each of which shall remain jointly and severally liable for the payment and performance of all of the Obligations until all of the Obligations are paid in full and this Agreement is terminated.
No Release from Liability. During the continuance of an Event of ------------------------- Default, Landlord may collect Annual Basic Rent and Additional Rent from the assignee, subtenant, occupant or other transferee, and apply the amount so collected, first to the monthly installments of Annual Basic Rent, then to any Additional Rent and other sums due and payable to Landlord, and the balance, if any, to Landlord, but no such assignment, subletting, occupancy, transfer or collection shall be deemed a waiver of Landlord's rights under this Article 19, ---------- or the acceptance of the proposed assignee, subtenant, occupant or transferee. Notwithstanding any assignment, sublease or other transfer (with or without the consent of Landlord), Tenant shall remain primarily liable under this Lease and shall not be released from performance of any of the terms, covenants and conditions of this Lease.
