Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document, the indemnification provided in Section 12.4 shall be fully recourse to Borrower (but not its constituent parties) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created by the Security Instrument, and/or the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of the Security Instrument or conveyance in lieu of foreclosure.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Mezzanine Loan Document, the indemnification provided in Section 13.4 shall be fully recourse to Mezzanine Borrower and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Liens created by this Agreement and the Pledge, and/or the conveyance of title to the Collateral to Mezzanine Lender or any purchaser or designee in connection with a foreclosure of this Agreement and the Pledge or conveyance in lieu of foreclosure.
Recourse Nature of Certain Indemnifications. Except as otherwise provided in this Agreement or in any other Loan Document, including, without limitation, the provisions of Article XVIII, the indemnification provided in Section 12.4 shall be fully recourse to Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created by the Security Instrument, and/or the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of the Security Instrument or conveyance in lieu of foreclosure.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Mortgage or in any other Loan Document, the indemnification provided in Section 40(c) hereof shall be fully recourse to Grantor (but not to (i) any Affiliate of Grantor, (ii) any Person owning directly or indirectly, any legal or beneficial interest in Grantor or any Affiliate of Grantor, or (iii) any partner, principal, officer, controlling person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of Grantor or of any Persons described in clauses (i) through (ii) above) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created under this Mortgage, and/or the conveyance of title to any Property to Beneficiary or any purchaser or designee in connection with a foreclosure of this Mortgage or conveyance in lieu of foreclosure.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Mortgage or in any other Loan Document, the indemnification provided in Section 36(c) hereof shall be fully recourse to Borrower (but not to (i) any Affiliate of such Borrower, (ii) any Person owning directly or indirectly, any legal or beneficial interest in such Borrower or any Affiliate of Borrower, or (iii) any partner, member, principal, officer, controlling person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of such Borrower or of any Persons described in clauses (i) through (ii) above) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created under this Mortgage, and/or the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of this Mortgage or conveyance in lieu of foreclosure. Survival. The provisions of this Section 36 shall survive the release of this Mortgage and the repayment of the Loan.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document, the indemnification provided in Section 12.4 shall be fully recourse to Borrower and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created by the Security Instrument, and/or the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of the Security Instrument or conveyance in lieu of foreclosure for a period equal to the applicable statue of limitations established by the applicable Legal Requirements. Each provision of this Agreement, including any provision that purports to establish its own relative priority over any or all other provisions of this Agreement, is deemed to be expressly subject to this Section 12.5; it being intended, however, that the relative priority, if any, of each such provision over any or all other provisions of this Agreement, other than this Section 12.5 hereof, remain unmodified.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document, the indemnification provided in Section 7.9(4) shall be fully recourse to the Borrower and shall be independent of, and shall survive, the discharge of the Obligations, the release of the Lien created by the Security Instruments, and/or the conveyance of title to the Mortgaged Property to the Administrative Agent or any purchaser or designee in connection with a foreclosure of the applicable Security Instrument or conveyance in lieu of foreclosure. Notwithstanding anything to the contrary contained herein, Borrower shall not be liable for any Hazardous Materials first placed on or under the Mortgaged Property after possession of the Mortgaged Property has transferred to a third party following foreclosure under the Security Instruments (“Transfer of Possession”); provided, however, that (i) the migration of any Hazardous Materials placed in, under, over, from or affecting the Mortgaged Property, which materials were present prior to Transfer of Possession shall remain the liability of Borrower; and (ii) Borrower shall have the burden of proving that such environmental condition occurred subsequent to Transfer of Possession.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document, the indemnification provided in Section 12.4 shall be fully recourse to Borrower and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created by the Security Instrument, and/or the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of the Security Instrument or conveyance in lieu of foreclosure. Notwithstanding anything to the contrary contained in this Agreement or other Loan Documents, the obligations and liabilities of the Borrower under Section 12.4 shall terminate, except to the extent of any claims for such indemnity then pending, on the earlier to occur of (i) five (5) years after the date on which the Loan is repaid in full and the satisfaction of all obligations of Borrower under the Loan Documents and (ii) five (5) years after Lender (or any assignee or transferee which acquires an interest in the Security Instrument or the Loan) shall have first acquired possession of or title to the Property by foreclosure, exercise or power or sale or deed in lieu thereof.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document, the indemnification provided in Section 12.4 shall be fully recourse to Borrower and shall be independent of, and shall survive for a period of five (5) years after the first to occur of: (i) the discharge of the Indebtedness, the release of the Lien created by the Security Instrument, and/or (ii) the conveyance of title to the Property to Lender or any purchaser or designee in connection with a foreclosure of the Security Instrument or conveyance in lieu of foreclosure.
Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Agreement or in any other Loan Document (Junior Tier Mezzanine), the indemnification provided in Section 12.4 shall be fully recourse to Mezzanine Borrower and shall be independent of, and shall survive: (i) the discharge of the Indebtedness, the release of the Liens created by this Agreement and the Pledge (Junior Tier Mezzanine), and/or (ii) the conveyance of title to the Collateral to Mezzanine Lender or any purchaser or designee in connection with a foreclosure of this Agreement and the Pledge (Junior Tier Mezzanine) or conveyance in lieu of foreclosure.
