Obligations Separate. The obligations of each Lender and the Agent under this Agreement are separate. The failure of any Lender to carry out its obligations hereunder will not relieve the other Lenders, the Agent or the Borrower of any of their respective obligations hereunder.
Obligations Separate. The Chairman and the Shareholders hereby acknowledge that the obligations of the Chairman and the Shareholders under this Agreement are separate, and if one such party shall no longer be a shareholder of the Company, the obligations of the other party shall remain intact.
Obligations Separate. The obligations of the Stockholders -------------------- hereunder are several and not joint.
Obligations Separate. The fees, commissions and expenses payable to the Principal Paying Agent for services rendered and the performance of its obligations under this Agreement shall not be abated by any remuneration or other amounts or profits receivable by the Principal Paying Agent (or to its knowledge by any of its associates) in connection with any transaction effected by the Principal Paying Agent with or for the Issuer.
Obligations Separate. The obligations of Manager under this Section 1 are separate and severable from the obligations of Manager during the Management Term (as hereafter defined). No default or claimed default by Manager in the performance of its obligations under Section 1 hereof shall in any way affect or operate to terminate Manager's rights and obligations with respect to the Management Term, affect Manager's right to commence management of the Resort on the Commencement Date, nor be asserted against Manager or entitle the Partnership to deduct from, offset or withhold any amounts required to be paid to Manager in respect of the Management Term. Provided this agreement has not bee terminated prior to the Commencement Date as provided in Section 8.1.1, 8.1.4 or 8.1.5 hereof, Manager's right to commence management of the Resort on the Commencement Date as hereafter provided is absolute and unconditional and neither the Partnership nor any partner of the Partnership shall assert any claim to the contrary. No deductions shall be made from the Development Fee or other compensation or from any expenses due Manager on account of penalty, liquidated damage or other sums withheld from payments to Consultants or Contractors, or on account of the cost of changes in work comprising the Project.
Obligations Separate. It is the intention of the Agents, the Lenders and the Borrowers that the obligations of Alcoa and the Borrowing Subsidiaries hereunder are to be separate from the obligations of Alcoa of Australia and that the facilities made available to the Borrowing Groups are to be treated separately, and that accordingly, the conditions to the availability of the facilities made available by the Lenders to Alcoa and the Borrowing Subsidiaries are to be separate from, and not dependent upon, the conditions to the availability of the facilities made available by the Lenders to Alcoa of Australia and that, as more fully set forth in Article VII, (i) loans made to Alcoa or the Borrowing Subsidiaries may not be accelerated, and the Commitments of the Lenders, insofar as they are available to Alcoa and the Borrowing Subsidiaries, may not be terminated, solely on the basis of a default of Alcoa of Australia and (ii) loans made to Alcoa of Australia may not be accelerated, and the Commitments of the Lenders, insofar as they are available to Alcoa of Australia, may not be terminated, solely on the basis of a default of Alcoa or a Borrowing Subsidiary.
Obligations Separate. The obligations of the Stockholders -------------------- hereunder are several and not joint. * * * Remainder of page intentionally left blank * * *
Obligations Separate. This lease and the obligations of Tenant to pay the Rent and perform Tenant’s other obligations under this lease are separate, distinct and independent of Landlord’s obligations under this lease.
Obligations Separate. The obligations of Indemnitors under this -------------------- Agreement are separate from and in addition to the obligations to pay the Indebtedness evidenced by the Notes, the obligations under the Credit Agreement and the obligations under the Security Documentation. The liability of Indemnitors under this Agreement shall not be limited to or measured by the amount of such Indebtedness or obligations; nor shall it be limited to, or measured by, the value of any of the Empress Property or of the Empress Riverboats. Indemnitors shall be fully and personally jointly and severally liable for all obligations of Indemnitors under this Agreement and a separate action may be brought and prosecuted against Indemnitors under this Agreement. Indemnitors waive the right to assert any statute of limitations as a bar to the enforcement of this Agreement or to any action brought to enforce this Agreement. This Agreement shall not affect, impair or waive any rights or remedies of the Banks or any obligations of Indemnitors with respect to Hazardous Materials, where such rights, remedies or obligations are created or imposed by Environmental Laws (including the Banks' rights of reimbursement or contribution under Environmental Laws). The remedies in this Agreement are cumulative and in addition to all remedies provided by law.
