Nothing in Section 15 Sample Clauses

Nothing in Section 15. 1(a) shall constitute a waiver of the right of Lender to enforce the liability and obligation of Borrower, by money judgment or otherwise, to the extent of any loss, damage, cost expense, liability, claim or other obligation incurred by Lender (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with any of the actions, events or circumstances described in Sections 1.2(a) of the Guaranty (collectively, the “Recourse Obligations”), and Borrower shall be personally liable to Lender for, and shall indemnify Lender and hold Lender harmless from and against any for the Recourse Obligations. Notwithstanding anything in this Agreement to the contrary, the agreement of Lender not to pursue recourse liability as set forth in subsection (a) above SHALL BECOME NULL AND VOID and shall be of no further force and effect and the Debt shall become fully recourse to Borrower upon the occurrence or existence of any of the events or circumstances described in Section 1.2(b) of the Guaranty.

Nothing in Section 15. 1 will prohibit the Receiving Party or its employees, officers, directors, representatives, agents, third-party service providers and advisors, including its accountants, consultants, independent auditors or attorneys (collectively, its “Representatives”) from disclosing Confidential Information: (i) as required by Applicable Law; (ii) to those of its respective affiliates, and its and their respective Representatives who reasonably require such Confidential Information in connection with providing advice to the Receiving Party, including with respect to the Receiving Party’s exercise of its rights or performance of its obligations under this Agreement and each of which is bound by an obligation of confidentiality consistent with this Section 15.1; (iii) as required to be disclosed in response to interrogatories, subpoenas, civil investigative demands, compulsory process or otherwise required by Applicable Law in connection with any judicial or arbitral process or public securities filing requirements (on condition that (A) the Receiving Party, subject to such Applicable Law, uses commercially reasonable efforts to avoid such disclosure and to notify the Disclosing Party of any such use or requirement prior to disclosure of any Confidential Information in order to afford the Receiving Party an opportunity to seek a protective order to prevent or limit disclosure of the Confidential Information to third parties; and (B) such information is disclosed only to the extent required by such Applicable Law); (iv) to the extent necessary, in exercising or enforcing its rights or performing its obligations under this Agreement; or (v) as may be agreed upon in writing by the Disclosing Party.