Common use of Remedies Upon Environmental Impairment Clause in Contracts

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security Instrument, the Loan Agreement or the other Loan Documents, in addition to any other remedies provided therein and applicable law, the Indemmitee shall have the right to waive its lien against the Property or any portion thereof, whether fixtures or personal property, to the extent such Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against Indemnitor and all of Indemnitor’s assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous Substance. Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security Instrument, the Loan Agreement or the other Loan Documents, all judgments and awards entered against Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-recourse or exculpatory provisions of the Note or Loan Agreement, and Indemnitor shall be fully and personally liable for all such judgments and awards entered against Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security Instrumentany Mortgage, the Loan Agreement or the other Loan DocumentsDocuments or any other document executed in connection with the Loan, in addition to any other remedies provided therein and applicable law, the Indemmitee Indemnified Parties shall have the right to waive its lien against the Property or any portion thereof, whether fixtures or personal propertyproperties, to the extent such the Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against the Indemnitor and all of the Indemnitor’s assets and property properties for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous Substance. The Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security Instrumentany Mortgage, the Loan Agreement or the other Loan DocumentsDocuments or any other document executed in connection with the Loan, all judgments and awards entered against the Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-non recourse or exculpatory provisions of the Note or Loan AgreementNote, and the Indemnitor shall be fully and personally liable for all such judgments and awards entered against the Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security InstrumentMortgage, the Loan Agreement or the other Loan Other Security Documents, in addition to any other remedies provided therein and applicable law, the Indemmitee Indemnitee shall have the right to waive its lien against the Property or any portion thereof, whether fixtures or personal property, to the extent such Property property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against the Indemnitor and all of the Indemnitor’s 's assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between the Indemnitee and the Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, the Indemnitor shall have the burden of proving that the Indemnitor or any related party (or any affiliate or agent of the Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous SubstanceMaterials. The Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security InstrumentMortgage, the Loan Agreement or the other Loan Other Security Documents, all judgments and awards entered against the Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-recourse or exculpatory provisions of the Note or Loan AgreementNote, and the Indemnitor shall be fully and personally liable for all such judgments and awards entered against the Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any If a Credit Agreement Event of Default under the Note, (as defined in the Security Instrument, the Loan Agreement or the other Loan Documents) exists, in addition to any other remedies provided therein and applicable law, the Indemmitee shall have the right to waive its lien against the Property or any portion thereof, whether fixtures or personal property, to the extent such Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against Indemnitor and all of Indemnitor’s assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee Indemnitees and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous SubstanceMaterials. Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the NoteNotes, the Security Instrument, the Loan Credit Agreement or the other Loan Documents, all judgments and awards entered against Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-recourse or exculpatory provisions of the Note or Loan Notes, Credit Agreement, and the other Loan Documents and Indemnitor shall be fully and personally liable for all such judgments and awards entered against Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security InstrumentPledge Agreement, the Loan Agreement or the other Loan DocumentsDocuments or any other document executed in connection with the Loan, in addition to any other remedies provided therein and applicable law, the Indemmitee Indemnified Parties shall have the right to waive its lien against the Property Collateral or any portion thereof, whether fixtures or personal property, to the extent such any related Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against the Indemnitor and all of the Indemnitor’s assets and property properties for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous Substance. The Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security InstrumentPledge Agreement, the Loan Agreement or the other Loan DocumentsDocuments or any other document executed in connection with the Loan, all judgments and awards entered against the Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-non recourse or exculpatory provisions of the Note or Loan AgreementNote, and the Indemnitor shall be fully and personally liable for all such judgments and awards entered against the Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security Instrument, the Loan Agreement or the other Loan DocumentsDefault, in addition to any other remedies provided therein and applicable law, the Indemmitee Indemnitee shall have the right to waive its lien against the Property or any portion thereof, whether real property, fixtures or personal property, to the extent such Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against Indemnitor and all of Indemnitor’s assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous SubstanceSubstances. Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security InstrumentMortgage, the Loan Agreement or the other Loan Documents, all judgments and awards entered against Indemnitor Indemnitors under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-recourse or exculpatory provisions of the Note or Loan Agreement, and Indemnitor Indemnitors shall be fully and personally liable for all such judgments and awards entered against IndemnitorIndemnitors.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under -------------------------------------- the Note, the Security Instrument, Instrument or any other document executed in connection with the Loan Agreement or the other Loan DocumentsLoan, in addition to any other remedies provided therein and applicable law, the Indemmitee Indemnitee shall have the right to waive its lien against the Property Premises or any portion thereof, whether fixtures or personal property, to the extent such Property property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against the Indemnitor and all of the Indemnitor’s 's assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between the Indemnitee and the Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, the Indemnitor shall have the burden of proving that the Indemnitor or any related party (or any affiliate or agent of the Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous SubstanceMaterials. The Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security Instrument, Instrument or any other document executed in connection with the Loan Agreement or the other Loan DocumentsLoan, all judgments and awards entered against the Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-non- recourse or exculpatory provisions of the Note or Loan AgreementNote, and the Indemnitor shall be fully and personally liable for all such judgments and awards entered against the Indemnitor.

Remedies Upon Environmental Impairment. Upon the occurrence and continuance of any Event of Default under the Note, the Security Instrument, the Loan Agreement or the other Loan Documents, in addition to any other remedies provided therein and applicable law, the Indemmitee shall have the right to waive its lien against the Property or any portion thereof, whether fixtures or personal property, to the extent such Property is found to be environmentally impaired in accordance with California Code of Civil Procedure Section 726.5 and to exercise any and all rights and remedies of an unsecured creditor against Indemnitor and all of Indemnitor’s assets and property for the recovery of any deficiency, including, but not limited to, seeking an attachment order pursuant to California Code of Civil Procedure Section 483.010. As between Indemnitee Administrative Agent and Indemnitor, for purposes of California Code of Civil Procedure Section 726.5, Indemnitor shall have the burden of proving that Indemnitor or any related party (or any affiliate or agent of Indemnitor or any related party) was not in any way negligent in permitting the release or threatened release of the Hazardous Substance. Indemnitor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Note, the Security Instrument, the Loan Agreement or the other Loan Documents, all judgments and awards entered against Indemnitor under this Section and California Code of Civil Procedure Section 726.5 shall be exceptions to any non-recourse or exculpatory provisions of the Note or Loan Agreement, and Indemnitor shall be fully and personally liable for all such judgments and awards entered against Indemnitor.