Common use of Scope of Liability Clause in Contracts

Scope of Liability. The liability under this Indemnity shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Documents, (b) any exculpatory provisions in any of the Loan Documents limiting the Administrative Agent’s and/or the Revolver Lenders’ recourse, (c) the accuracy or inaccuracy of the representations and warranties made by any Loan Party or any other obligor under the Credit Agreement or any of the Loan Documents, (d) the release of any Loan Party or any other Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, the Administrative Agent’s and/or the Revolver Lenders’ voluntary act or otherwise, (e) the release or substitution, in whole or in part, of any security for any Loan Party’s obligations or (f) the Administrative Agent’s failure to record any of the Mortgages or file any UCC financing statements (or the Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for any Loan Party’s obligations; and, in any such case, whether with or without notice to any Loan Party or other Person and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.

Scope of Liability. The liability under this Indemnity Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Documents, ; (b) any sale, assignment or foreclosure of the Note or Mortgage, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the Property; (c) the discharge of the Note or the reconveyance or release of the Mortgage; (d) any exculpatory provisions in any of the Loan Documents limiting the Administrative AgentLender’s and/or the Revolver Lenders’ recourse, ; (ce) the accuracy or inaccuracy of the representations and warranties made by any Loan Party the Indemnitor, or any other obligor under the Credit Agreement or any of the Loan Documents, ; (df) the release of the Indemnitor or any Loan Party guarantor or any other Person person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, the Administrative AgentLender’s and/or the Revolver Lenders’ voluntary act or otherwise, ; (eg) the release or substitution, in whole or in part, of any security for any Loan Party’s obligations the Note or other obligations; or (fh) the Administrative AgentLender’s failure to record any of the Mortgages Mortgage or file any UCC financing statements (or the Administrative AgentLender’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for any Loan Party’s the Note or other obligations; and, in any such case, whether with or without notice to the Indemnitor or any Loan Party guarantor or other Person person or entity and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.

Scope of Liability. The liability of each Indemnitor under this Indemnity Agreement shall be joint and several and shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Documents, ; (b) any sale, assignment or foreclosure of the Note or Mortgage, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the Property; (c) the discharge of the Note or the reconveyance or release of the Mortgage; (d) any exculpatory provisions in any of the Loan Documents limiting the Administrative AgentLender’s and/or the Revolver Lenders’ recourse, ; (ce) the accuracy or inaccuracy of the representations and warranties made by any Loan Party Indemnitors, or any other obligor under the Credit Agreement or any of the Loan Documents, ; (df) the release of Indemnitors or any Loan Party guarantor or any other Person person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, the Administrative AgentLender’s and/or the Revolver Lenders’ voluntary act or otherwise, ; (eg) the release or substitution, in whole or in part, of any security for any Loan Party’s obligations the Note or other obligations; or (fh) the Administrative AgentLender’s failure to record any of the Mortgages Mortgage or file any UCC financing statements (or the Administrative AgentLender’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for any Loan Party’s the Note or other obligations; and, in any such case, whether with or without notice to Indemnitors or any Loan Party guarantor or other Person person or entity and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.

Scope of Liability. The liability under this Indemnity Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Documents, ; (b) any sale, assignment or foreclosure of the Loan Agreement, the Note or Mortgage, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the Property; (c) the discharge of the Loan Agreement, the Note or the reconveyance or release of the Mortgage; (d) any exculpatory provisions in any of the Loan Documents limiting the Administrative AgentBank’s and/or the Revolver Lenders’ recourse, ; (ce) the accuracy or inaccuracy of the representations and warranties made by any Loan Party the Indemnitor, or any other obligor under the Credit Agreement or any of the Loan Documents, ; (df) the release of the Indemnitor or any Loan Party guarantor or any other Person person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, the Administrative AgentBank’s and/or the Revolver Lenders’ voluntary act or otherwise, ; (eg) the release or substitution, in whole or in part, of any security for any the Loan Party’s obligations Agreement, the Note or other obligations; or (fh) the Administrative AgentBank’s failure to record any of the Mortgages Mortgage or file any UCC financing statements (or the Administrative AgentBank’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for any the Loan Party’s Agreement, the Note or other obligations; and, in any such case, whether with or without notice to the Indemnitor or any Loan Party guarantor or other Person person or entity and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.

Scope of Liability. The liability under this Indemnity Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Credit Documents, ; (b) any sale, assignment or foreclosure of the Mortgage, the acceptance of a deed in lieu of foreclosure or trustee's sale, or any sale or transfer of all or part of the Property; (c) the discharge or termination of the Credit Documents or the reconveyance or release of the Mortgage; (d) any exculpatory provisions in any of the Loan Credit Documents limiting the Administrative Agent’s and/or the Revolver Lenders’ Mortgagee's recourse, ; (ce) the accuracy or inaccuracy of the representations and warranties made by any Loan Party the Indemnitor, or any other obligor under the Credit Agreement or any of the Loan Credit Documents, ; (df) the release of the Indemnitor or any Loan Party guarantor or any other Person person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Credit Documents by operation of law, the Administrative Agent’s and/or the Revolver Lenders’ Mortgagee's voluntary act or otherwise, ; (eg) the release or substitution, in whole or in part, of any security for any Loan Party’s obligations the Payment Obligations; or (fh) the Administrative Agent’s Mortgagee's failure to record any of the Mortgages Mortgage or file any UCC financing statements (or the Administrative Agent’s Mortgagee's improper recording or filing of any thereof) or to otherwise othenwise perfect, protect, secure or insure any security interest or lien given as security for any Loan Party’s obligationsthe Payment Obligations; and, in any such case, whether with or without notice to the Indemnitor or any Loan Party guarantor or other Person person or entity and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.

Scope of Liability. The liability under this Indemnity Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by the Credit Agreement or any of the Loan Documents, ; (b) any sale or assignment of any Obligations or Mortgage, any foreclosure or acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of any of the Premises; (c) the discharge of the Obligations or the reconveyance or release of any Mortgage; (d) any exculpatory provisions in any of the Loan Documents limiting the Administrative Agent’s and/or the Revolver Lenders’ or any other Secured Party’s recourse, ; (ce) the accuracy or inaccuracy of the representations and warranties made by any Loan Party Indemnitor, or any other obligor under the Credit Agreement or any of the Loan Documents, ; (df) the release of any Loan Party Indemnitor or any other Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, the Administrative Agent’s and/or the Revolver Lenders’ voluntary act or otherwise, ; (eg) the release or substitution, in whole or in part, of any security for any Loan Party’s obligations the Obligations; or (fh) the Administrative Agent’s failure to record any of the Mortgages or file any UCC financing statements (or the Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for any Loan Party’s obligationsthe Obligations; and, in any such case, whether with or without notice to any Loan Party Indemnitor or any guarantor or other Person person or entity and with or without consideration. The indemnity provided in Section 4 above shall survive (i) any sale, assignment or foreclosure of any of the Mortgages or other Loan Documents, the acceptance of a deed in lieu of foreclosure or trustee’s sale, or any sale or transfer of all or part of the possession of or title to the Real Property, or (ii) the discharge of any of the other Loan Documents and/or the reconveyance or release of any of the Mortgages.