Common use of Scope of Liability Clause in Contracts

Scope of Liability. The liability under this Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by 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 Lender’s recourse; (e) the accuracy or inaccuracy of the representations and warranties made by the Indemnitor, or any other obligor under any of the Loan Documents; (f) the release of the Indemnitor or any guarantor 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 Lender’s voluntary act or otherwise; (g) the release or substitution, in whole or in part, of any security for the Note or other obligations; or (h) the Lender’s failure to record the Mortgage or file any UCC financing statements (or the Lender’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 the Note or other obligations; and, in any such case, whether with or without notice to the Indemnitor or any guarantor or other person or entity and with or without consideration.

Scope of Liability. The liability under this Agreement 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 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 LenderAdministrative Agent’s and/or the Revolver Lenders’ recourse; , (ec) the accuracy or inaccuracy of the representations and warranties made by the Indemnitor, any Loan Party or any other obligor under the Credit Agreement or any of the Loan Documents; , (fd) the release of the Indemnitor or any guarantor Loan Party 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 LenderAdministrative Agent’s and/or the Revolver Lenders’ voluntary act or otherwise; , (ge) the release or substitution, in whole or in part, of any security for the Note or other obligations; any Loan Party’s obligations or (hf) the LenderAdministrative Agent’s failure to record any of the Mortgage Mortgages or file any UCC financing statements (or the LenderAdministrative 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 the Note or other any Loan Party’s obligations; and, in any such case, whether with or without notice to the Indemnitor or any guarantor Loan Party or other person or entity 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 Agreement 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 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 LenderAdministrative Agent’s and/or the Lenders’ recourse; , (ec) the accuracy or inaccuracy of the representations and warranties made by the Indemnitor, any Loan Party or any other obligor under the Credit Agreement or any of the Loan Documents; , (fd) the release of the Indemnitor or any guarantor Loan Party 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 LenderAdministrative Agent’s and/or the Lenders’ voluntary act or otherwise; , (ge) the release or substitution, in whole or in part, of any security for the Note or other obligations; any Loan Party’s obligations or (hf) the LenderAdministrative Agent’s failure to record any of the Mortgage Mortgages or file any UCC financing statements (or the LenderAdministrative 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 the Note or other any Loan Party’s obligations; and, in any such case, whether with or without notice to the Indemnitor or any guarantor Loan Party or other person or entity 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 of each Indemnitor under this 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 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 Lender’s recourse; (e) the accuracy or inaccuracy of the representations and warranties made by the IndemnitorIndemnitors, or any other obligor under any of the Loan Documents; (f) the release of the Indemnitor Indemnitors or any guarantor 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 Lender’s voluntary act or otherwise; (g) the release or substitution, in whole or in part, of any security for the Note or other obligations; or (h) the Lender’s failure to record the Mortgage or file any UCC financing statements (or the Lender’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 the Note or other obligations; and, in any such case, whether with or without notice to the Indemnitor Indemnitors or any guarantor or other person or entity and with or without consideration.

Scope of Liability. The liability under this Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by any of the Loan Documents; (b) any sale, sale or assignment or foreclosure of the Note any Obligations or Mortgage, the 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 PropertyPremises; (c) the discharge of the Note Obligations or the reconveyance or release of the any Mortgage; (d) any exculpatory provisions in any of the Loan Documents limiting the LenderAgent’s or any other Secured Party’s recourse; (e) the accuracy or inaccuracy of the representations and warranties made by the any Indemnitor, or any other obligor under any of the Loan Documents; (f) the release of the any Indemnitor or any 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 LenderAgent’s voluntary act or otherwise; (g) the release or substitution, in whole or in part, of any security for the Note or other obligationsObligations; or (h) the LenderAgent’s failure to record the Mortgage Mortgages or file any UCC financing statements (or the LenderAgent’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 the Note or other obligationsObligations; and, in any such case, whether with or without notice to the any Indemnitor or any guarantor or other person or entity and with or without consideration.

Scope of Liability. The liability under this Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by 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 LenderBank’s recourse; (e) the accuracy or inaccuracy of the representations and warranties made by the Indemnitor, or any other obligor under any of the Loan Documents; (f) the release of the Indemnitor or any guarantor 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 LenderBank’s voluntary act or otherwise; (g) the release or substitution, in whole or in part, of any security for the Loan Agreement, the Note or other obligations; or (h) the LenderBank’s failure to record the Mortgage or file any UCC financing statements (or the LenderBank’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 the Loan Agreement, the Note or other obligations; and, in any such case, whether with or without notice to the Indemnitor or any guarantor or other person or entity and with or without consideration.

Scope of Liability. The liability under this Agreement shall in no way be limited or impaired by (a) any extension of time for performance required by any of the Loan Credit Documents; (b) any sale, assignment or foreclosure of the Note or Mortgage, the acceptance of a deed in lieu of foreclosure or trustee’s 's sale, or any sale or transfer of all or part of the Property; (c) the discharge or termination of the Note Credit Documents or the reconveyance or release of the Mortgage; (d) any exculpatory provisions in any of the Loan Credit Documents limiting the Lender’s Mortgagee's recourse; (e) the accuracy or inaccuracy of the representations and warranties made by the Indemnitor, or any other obligor under any of the Loan Credit Documents; (f) the release of the Indemnitor or any guarantor or any other 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 Lender’s Mortgagee's voluntary act or otherwise; (g) the release or substitution, in whole or in part, of any security for the Note or other obligationsPayment Obligations; or (h) the Lender’s Mortgagee's failure to record the Mortgage or file any UCC financing statements (or the Lender’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 the Note or other obligationsPayment Obligations; and, in any such case, whether with or without notice to the Indemnitor or any guarantor or other person or entity and with or without consideration.