Other Payments. In addition to Loan payments required of the Borrower under this Agreement, the Borrower agrees to make additional payments, at any time and from time to time until this Agreement is terminated, to the City for any and all costs, expenses and liabilities paid or incurred by the City, including reasonable fees of counsel and disbursements thereof in connection with the execution and delivery of this Agreement, the Deed of Trust or any of the other Loan Documents or paid or incurred by the City in satisfaction of any obligation of the Borrower hereunder which is not performed by the Borrower in accordance with the terms hereof in the Deed of Trust or any of the other Loan Documents. The Borrower shall also prepay or reimburse the City for any and all expenses, costs and liabilities paid or incurred, or to be paid or incurred, by the City or any of its officers, employees and agents, including reasonable fees of counsel and disbursements thereof, requested by the Borrower, or required by this Agreement, or incurred in enforcing the provisions of this Agreement, or incurred in defending any action or proceedings with respect to the Property or this Agreement, or arising out of or based upon any other document relating to this Agreement, which are not otherwise required to be paid by the Borrower hereunder.
Appears in 27 contracts
Samples: Home Construction/Permanent Loan Agreement, Construction Loan Agreement, Forgivable Loan Agreement
Other Payments. In addition to Loan payments required of the Borrower under this Agreement, in the event of default by the Borrower, the Borrower agrees to make additional payments, at any time and from time to time until this Agreement is terminated, to the City for any and all costs, expenses and liabilities paid or incurred by the City, including reasonable fees of counsel and disbursements thereof in connection with the execution and delivery of this Agreement, the Deed of Trust or any of the other Loan Documents or paid or incurred by the City in satisfaction of any obligation of the Borrower hereunder which is not performed by the Borrower in accordance with the terms hereof in the Deed of Trust or any of the other Loan Documents. The Borrower shall also prepay or reimburse the City for any and all expenses, costs and liabilities paid or incurred, or to be paid or incurred, incurred by the City or any of its officers, employees and agents, including reasonable fees of counsel and disbursements thereof, requested by the Borrower, or required by this Agreement, or incurred in enforcing the provisions of this Agreement, or incurred in defending any action or proceedings with respect to the Property or this Agreement, or arising out of or based upon any other document relating to this Agreement, which are not otherwise required to be paid by the Borrower hereunder; provided, however, Borrower shall not be required to reimburse the City for costs, liabilities or expenses arising out of its negligence or intentional misconduct of the City.
Appears in 12 contracts
Samples: Construction/Permanent Second Deed of Trust Loan Agreement, Construction Loan Agreement, Construction Loan Agreement
Other Payments. In addition to Loan payments required of the Borrower under this Agreement, in the event of default by the Borrower, the Borrower agrees to make additional payments, at any time and from time to time until this Agreement is terminated, to the City for any and all costs, expenses and liabilities paid or incurred by the City, including reasonable fees of counsel and disbursements thereof in connection with the execution and delivery of this Agreement, the Deed of Trust or any of the other Loan Documents or paid or incurred by the City in satisfaction of any obligation of the Borrower hereunder which is not performed by the Borrower in accordance with the terms hereof in the Deed of Trust or any of the other Loan Documents. The Borrower shall also prepay or reimburse the City for any and all expenses, costs and liabilities paid or incurred, or to be paid or incurred, incurred by the City or any of its officers, employees and agents, including reasonable fees of counsel and disbursements thereof, requested by the Borrower, or required by this Agreement, or incurred in enforcing the provisions of this Agreement, or incurred in defending any action or proceedings with respect to the Property or this Agreement, or arising out of or based upon any other document relating to this Agreement, which are not otherwise required to be paid by the Borrower hereunder; provided, however, Xxxxxxxx shall not be required to reimburse the City for costs, liabilities or expenses arising out of its negligence or intentional misconduct of the City.
Appears in 3 contracts
Samples: Construction/Permanent Second Deed of Trust Loan Agreement, Fifth Deed of Trust Loan Agreement, Fifth Deed of Trust Loan Agreement
Other Payments. In addition to Loan payments required of the Borrower under this Agreement, the Borrower agrees to make additional payments, at any time and from time to time until this Agreement is terminated, to the City for any and all costs, expenses and liabilities paid or incurred by the City, including reasonable fees of counsel and disbursements thereof in connection with the execution and delivery of this Agreement, the Deed of Trust or any of the other Loan Documents or paid or incurred by the City in satisfaction of any obligation of the Borrower hereunder which is not performed by the Borrower in accordance with the terms hereof in the Deed of Trust or any of the other Loan Documents. The Borrower shall also prepay or reimburse the City for any and all expenses, costs and liabilities paid or incurred, or to be paid or incurred, by the City or any of its officers, employees and agents, including reasonable fees of counsel and disbursements thereof, requested by the Borrower, or required by this Agreement, or incurred in enforcing the provisions of this Agreement, or incurred in defending any action or proceedings with respect to the Property or this Agreement, or arising out of or based upon any other document relating to this Agreement, which are not otherwise required to be paid by the Borrower hereunder; provided, however, Borrower shall not be required to reimburse the City for costs, liabilities or expenses arising out of the negligence of intentional misconduct of the City.
Appears in 2 contracts
Samples: Forgivable Loan Agreement, Forgivable Loan Agreement