Common use of Other Liability of Guarantor or Borrower Clause in Contracts

Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any Indebtedness owing by Borrower to Agent and/or to any Lender other than under this Agreement, such liability shall not be in any manner impaired or affected hereby, and the rights of Agent and/or of any Lender hereunder shall be cumulative of any and all other rights that Agent and/or any Lender may have against Guarantor. This Agreement is independent of (and shall not be limited by) any other guaranty now existing or hereafter given and Guarantor’s liability under this Agreement is in addition to any and all other liability Guarantor may have under any other Loan Document or in any other capacity; provided that, notwithstanding anything to the contrary contained herein, if there are any “Guaranteed Obligations” hereunder that are also “Guaranteed Obligations” under any of the Recourse Guaranty, Completion Guaranty, or Environmental Indemnity (the “Other Guaranties”), Agent may only collect such “Guaranteed Obligations” once, although Agent, on behalf of Xxxxxxx, or any Lender may elect in its sole discretion whether to collect such “Guaranteed Obligations” under this Guaranty or under such Other Guaranty; provided, further, if Guarantor makes a payment to Agent under this Guaranty in satisfaction of the “Guaranteed Obligations” hereunder, such payment shall also reduce the “Guaranteed Obligations” under, and 49303605 as defined in, the Completion Guaranty, and the Liquidated Damages Amount, on a dollar for dollar basis.

Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any Indebtedness owing by Borrower to Agent and/or to any Lender other than under this Agreement, such liability shall not be in any manner impaired or affected hereby, and the rights of Agent and/or of any Lender hereunder shall be cumulative of any and all other rights that Agent and/or any Lender may have against Guarantor. This Agreement is independent of (and shall not be limited by) any other guaranty now existing or hereafter given and Guarantor’s liability under this Agreement is in addition to any and all other liability Guarantor may have under any other Loan Document or in any other capacity; provided that, notwithstanding anything to the contrary contained herein, if there are any “Guaranteed Obligations” hereunder that are also “Guaranteed Obligations” under any of the Recourse Guaranty, Completion Deferred Equity Guaranty, or Environmental Indemnity (the “Other Guaranties”), Agent may only collect such “Guaranteed Obligations” once, although Agent, on behalf of XxxxxxxLenders, or any Lender may elect in its sole discretion whether to collect such “Guaranteed Obligations” under this Guaranty or under such Other Guaranty; provided, further, if Guarantor makes a payment to Agent under this Guaranty in satisfaction of the “Guaranteed Obligations” hereunder, so long as such payment is not in respect of cost overruns with respect to any Project, such payment shall also reduce the “Guaranteed ObligationsRequired Equity Cap” under, and 49303605 as defined in, the Completion Guaranty, and the Liquidated Damages Amount, Deferred Equity Guaranty on a dollar for dollar basis.. 49303606