Common use of REASONABLE CARE; PLEDGOR REMAINS LIABLE Clause in Contracts

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture CCLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture CCLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture CCLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture CCLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG CCLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture TCLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture TCLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture TCLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture TCLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG TCLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture LSCP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture LSCP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture LSCP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture LSCP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG LSCP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture UCLSLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture UCLSLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture UCLSLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture UCLSLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG UCLSLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture ESCLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture ESCLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture ESCLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture ESCLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG ESCLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture EDCLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture EDCLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture EDCLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture EDCLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG EDCLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).

REASONABLE CARE; PLEDGOR REMAINS LIABLE. (a) The Security Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Security Trustee accords its own property, it being understood that neither the Security Trustee nor any Beneficiary shall have responsibility for taking any necessary steps (other than steps taken in accordance with the standard of care set forth above to maintain possession of the Pledged Collateral) to preserve rights against any parties with respect to any Pledged Collateral; provided that the Security Trustee agrees to notify the Pledgors if it has actual knowledge of the necessity of taking any such steps in respect of any Pledged Collateral and to cooperate with the Pledgors in connection therewith. (b) Anything herein to the contrary notwithstanding, (i) the Pledgors shall remain liable under the TUCCG Joint Venture ACLP Partnership Agreement to the extent set forth therein to perform the duties and obligations thereunder to the same extent as if this Pledge Agreement had not been executed, (ii) the exercise by the Security Trustee of any of its rights hereunder shall not release any Pledgor from any of the duties or obligations under the TUCCG Joint Venture ACLP Partnership Agreement, and (iii) the Security Trustee and the other Beneficiaries shall not have any obligation or liability under the TUCCG Joint Venture ACLP Partnership Agreement by reason of this Pledge Agreement, nor shall the Security Trustee or the other Beneficiaries be obligated to perform any of the obligations or duties of any Pledgor thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any payment received by any Pledgor or the sufficiency of any performance by any party under the TUCCG Joint Venture ACLP Partnership Agreement or to take any action to collect or enforce any claim for payment assigned hereunder. Except to the extent required by general partnership law, the Security Trustee and the other Beneficiaries shall not by reason of this Pledge Agreement or the exercise of any remedies hereunder become responsible or liable in any manner or to any extent for the obligations and liabilities of TUCCG ACLP or any of the liabilities of the Pledgors (or their permitted successors or assigns).