Common use of OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS Clause in Contracts

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and this Agreement is in full force and effect and is binding on Owner as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Owner. Owner waives the benefit of any statute of limitations affecting Owner’s liability hereunder or the enforcement thereof, and Owner agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s liability hereunder. The liability of Owner hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured hereby is rescinded or must be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of Owner, Owner agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel), expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Note Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Note Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and this Agreement is in full force and effect and is binding on Owner as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Owner. Owner waives the benefit of any statute of limitations affecting Owner’s 's liability hereunder or the enforcement thereof, and Owner agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s 's liability hereunder. The liability of Owner hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of Owner, Owner agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, Borrowers and a separate action or actions may be brought and prosecuted against Owner whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and this Agreement is in full force and effect and is binding on Owner as of the date written below, regardless of o whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Owner. Owner waives the benefit of any statute of limitations affecting Owner’s Owner liability hereunder or the enforcement thereof, and Owner agrees that any payment of any Indebtedness indebtedness or other act which shall Shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s 's liability hereunder. The liability of Owner hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness indebtedness secured hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of Owner, Owner agrees to indemnify indemnity and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONSWaiver Of Statute Of Limitations; REINSTATEMENT OF LIABILITYReinstatement Of Liability. The obligations hereunder are joint and several and independent of the obligations Obligations of Borrowersthe Borrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Ownerthe Agreements. Owner Guarantor waives the benefit of any statute of limitations affecting OwnerGuarantor’s liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness Obligations or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to OwnerGuarantor’s liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured Obligations guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, ,in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner waives the benefit of any statute of limitations affecting Owner’s liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be CONTINUING GUARANTY (08/96), Page 1 reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in In connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersXxxxxxxxx, and a separate action or actions may be brought and prosecuted against Owner whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and this Agreement is in full force and effect and is binding on Owner as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Owner. Owner waives the benefit of any statute of limitations affecting Owner’s 's liability hereunder or the enforcement thereof, and Owner agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s 's liability hereunder. The liability of Owner hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured hereby is rescinded or must be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of Owner, Owner agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersLessee, and a separate action or actions may be brought and prosecuted against Owner Pledgor whether action is brought against any of the Borrowers Lessee or any other person, or whether any of the Borrowers Lessee or any other person is joined in any such action or actions. Owner Pledgor acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and that this Agreement is in full force and effect and is binding on Owner Pledgor as of the date written below, regardless of whether Bank Secured Party obtains additional collateral or any guaranties from others or takes any other action contemplated by OwnerPledgor. Owner Pledgor waives the benefit of any statute of limitations affecting Owner’s Pledgor's liability hereunder or the enforcement thereof, and Owner Pledgor agrees that any payment of any Indebtedness Obligations or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Pledgor's liability hereunder. The liability of Owner Pledgor hereunder shall be reinstated and revived and the rights of Bank Secured Party shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured hereby the Obligations is rescinded or must be otherwise restored by BankSecured Party, whether as a result of any proceedings in bankruptcy or bankruptcy, insolvency, reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank Secured Party in its sole discretion; provided provided, however, that if Bank Secured Party chooses to contest any such matter at the request of OwnerPledgor, Owner Pledgor agrees to indemnify and hold Bank Secured Party harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank Secured Party in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersXxxxxxxx, and a separate action or actions may be brought and prosecuted against Owner any Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Each Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner such Guarantor as of the date written below, regardless of whether Bank Lender obtains collateral or any guaranties from others or takes any other action contemplated by Ownersuch Guarantor. Owner To the extent permitted by applicable law, each Guarantor waives the benefit of any statute of limitations affecting Ownersuch Guarantor’s liability hereunder or the enforcement thereof, and Owner each Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Ownersuch Guarantor’s liability hereunder. The liability of Owner Guarantors hereunder shall be reinstated and revived and the rights of Bank Lender shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by BankXxxxxx, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank Lender in its sole discretion; provided however, that if Bank Xxxxxx chooses to contest any such matter at the request of Ownerany Guarantor, Owner such Guarantor agrees to indemnify and hold Bank Lender harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)fees, expended or incurred by Bank Lender in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured indebtedness guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting OwnerGuarantor’s liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to OwnerGuarantor’s liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting OwnerGuarantor’s liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to OwnerGuarantor’s liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of Borrowers, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any arty of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereofhereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as ~s though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.,

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersXxxxxxxxx, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be CONTINUING GUARANTY (08/96), PAGE 1 reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting OwnerGuarantor’s liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to OwnerGuarantor’s liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersXxxxxxxxx, and a separate action or actions may be brought and prosecuted against Owner Guarantor whether action is brought against any of the Borrowers or any other person, or whether any of the Borrowers or any other person is joined in any such action or actions. Owner Guarantor acknowledges that this Agreement Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this AgreementGuaranty, and this Agreement Guaranty is in full force and effect and is binding on Owner Guarantor as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by OwnerGuarantor. Owner Guarantor waives the benefit of any statute of limitations affecting Owner’s Guarantor's liability hereunder or the enforcement thereof, and Owner Guarantor agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s Guarantor's liability hereunder. The liability of Owner Guarantor hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured guaranteed hereby is rescinded or must otherwise be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of OwnerGuarantor, Owner Guarantor agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of Bank’s in-house counsel)' fees, expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto.

OBLIGATIONS JOINT AND SEVERAL; SEPARATE ACTIONS. WAIVER OF STATUTE OF LIMITATIONS; REINSTATEMENT OF LIABILITY. The obligations hereunder are joint and several and independent of the obligations of BorrowersBorrower, and a separate action or actions may be brought and prosecuted against Owner whether action is brought against any of the Borrowers Borrower or any other person, or whether any of the Borrowers Borrower or any other person is joined in any such action or actions. Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this Agreement, and this Agreement is in full force and effect and is binding on Owner as of the date written below, regardless of whether Bank obtains collateral or any guaranties from others or takes any other action contemplated by Owner. Owner waives the benefit of any statute of limitations affecting Owner’s 's liability hereunder or the enforcement thereof, and Owner agrees that any payment of any Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to Owner’s 's liability hereunder. The liability of Owner hereunder shall be reinstated and revived and the rights of Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Indebtedness secured hereby is rescinded or must be otherwise restored by Bank, whether as a result of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Bank in its sole discretion; provided however, that if Bank chooses to contest any such matter at the request of Owner, . Owner agrees to indemnify and hold Bank harmless from and against all costs and expenses, including reasonable attorneys’ ' fees (to include outside counsel fees and all allocated costs of Bank’s in-house counselfees), expended or incurred by Bank in connection therewith, including without limitation, in any litigation with respect thereto. 4. OBLIGATIONS OF BANK: Any money received by Bank in respect of the Collateral may be deposited, at Bank's option, into a non-interest bearing account over which Owner shall have no control, and the same shall, for all purposes, be deemed Collateral hereunder. Bank's obligation with respect to Collateral and Proceeds in its possession shall be strictly limited to the duty to exercise reasonable care in the custody and preservation of such Collateral and Proceeds, and such duty shall not include any obligation to ascertain or to initiate any action with respect to or to inform Owner of maturity dates, conversion, call or exchange rights, or offers to purchase the Collateral or Proceeds, or any similar matters, notwithstanding Bank's knowledge of the same. Bank shall have no duty to take any steps necessary to preserve the rights of Owner against prior parties, or to initiate any action to protect against the possibility of a decline in the market value of the Collateral or Proceeds. Bank shall not be obligated to take any actions with respect to the Collateral or Proceeds requested by Owner -2- unless such request is made in writing and Bank determines, in its sole discretion, that the requested action would not unreasonably jeopardize the value of the Collateral and Proceeds as security for the Indebtedness. Bank may at any time deliver the Collateral and Proceeds, or any part thereof, to Owner, and the receipt thereof by Owner shall be a complete and full acquittance for the Collateral and Proceeds so delivered, and Bank shall thereafter be discharged from any liability or responsibility therefor. 5.