Common use of Separate Obligations Clause in Contracts

Separate Obligations. (a) The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph 2 above) are separate and distinct obligations from Borrower’s and Guarantors’ obligations under the Loan Documents; and, notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages or the security interests or other collateral described in the Mortgages or the other Loan Documents, it being the intent of Borrower and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages or other Loan Documents or the liens or security interests created therein. (b) This Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any Mortgage or other security documents, and shall, except as expressly provided in Paragraph 2 above, continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) Borrower and each Guarantor hereby specifically agrees that the fact that this Agreement is included in the definition of “Loan Documents”, and that, accordingly, a misrepresentation or default hereunder shall constitute a default under the Mortgages and other Loan Documents, shall not be construed to imply that any statement or agreement set forth above in this Paragraph 5 is inaccurate or untrue in any respect whatsoever. (d) Borrower and each Guarantor hereby specifically agrees never to make any allegation contrary to the forgoing provisions of this Paragraph 5 and expressly waives and renounces any and all claims, defenses and other rights which are dependent upon an allegation or proposition contrary to the foregoing provisions of this Paragraph 5; and Borrower and each Guarantor hereby expressly waives and renounces the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing provisions of this Paragraph 5 or in conflict with or in derogation of the indemnity set forth in Paragraph 2 above.

Separate Obligations. (a) The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph 2 above) are separate and distinct obligations from Borrower’s and Guarantors’ obligations under the Loan Documents; and, notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages Pledges or the security interests or other collateral described in the Mortgages Pledges or the other Loan Documents, it being the intent of Borrower and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages Pledges or other Loan Documents or the liens or security interests created therein. (b) This Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any Mortgage Pledge or other security documents, and shall, except as expressly provided in Paragraph 2 above, continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) Borrower and each Guarantor hereby specifically agrees that the fact that this Agreement is included in the definition of “Loan Documents”, and that, accordingly, a misrepresentation or default hereunder shall constitute a default under the Mortgages Pledges and other Loan Documents, shall not be construed to imply that any statement or agreement set forth above in this Paragraph 5 is inaccurate or untrue in any respect whatsoever. (d) Borrower and each Guarantor hereby specifically agrees never to make any allegation contrary to the forgoing provisions of this Paragraph 5 and expressly waives and renounces any and all claims, defenses and other rights which are dependent upon an allegation or proposition contrary to the foregoing provisions of this Paragraph 5; and Borrower and each Guarantor hereby expressly waives and renounces the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing provisions of this Paragraph 5 or in conflict with or in derogation of the indemnity set forth in Paragraph 2 above.

Separate Obligations. (a) The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph 2 above) are separate and distinct obligations from Borrower’s and Guarantors’ obligations under the Loan Documents; and, notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents Mortgage and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages Mortgage or the security interests or other collateral described in the Mortgages Mortgage or the other Loan Documents, it being the intent of Borrower and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages Mortgage or other Loan Documents or the liens or security interests created therein. (b) This Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any the Mortgage or other security documents, and shall, except as expressly provided in Paragraph 2 above, shall continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) Borrower and Republic each Guarantor hereby specifically agrees agree that the fact that this Agreement is included in the definition of “Loan Documents”, and that, accordingly, a misrepresentation or default hereunder shall constitute a default under the Mortgages Mortgage and other Loan Documents, shall not be construed to imply that any statement or agreement set forth above in this Paragraph 5 is inaccurate or untrue in any respect whatsoever. (d) Borrower and each Guarantor Guarantors hereby specifically agrees agree never to make any allegation contrary to the forgoing foregoing provisions of this Paragraph 5 5; Borrower and Guarantors hereby expressly waives waive and renounces renounce any and all claims, defenses and other rights which are dependent upon an allegation or proposition contrary to the foregoing provisions of this Paragraph 5; and Borrower and each Guarantor Guarantors hereby expressly waives waive and renounces renounce the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing provisions of this Paragraph 5 or in conflict with or in derogation of the indemnity set forth in Paragraph 2 above.

Separate Obligations. (a) The obligations of Indemnitor under this Agreement are unconditional and shall not be limited by any limitation upon liability which may be provided for in or otherwise affect any other Loan Documents. The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors Guarantor set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph 2 Section 4 above): (i) are separate and distinct obligations from Borrower’s 's and Guarantors’ Guarantor's obligations under the Loan and the Loan Documents; and, and (ii) notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages or the security interests Security Instrument or other collateral described in security documents securing the Mortgages or the other Loan Documents, it being the intent of Borrower Loan; and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages or other Loan Documents or the liens or security interests created therein. (biii) This Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations Loan or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any Mortgage the Security Instrument or other security documents, and shall, except as expressly provided in Paragraph 2 above, shall continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) . Borrower and each Guarantor hereby specifically agrees agree that the fact that this Agreement is included in the definition of “"Loan Documents”" set forth in the Security Instrument, and that, accordingly, a misrepresentation or default certain failures of performance and certain misstatements hereunder shall constitute a default defaults under the Mortgages Security Instrument and other Loan Documents, which are subject (to the extent provided therein) to the provisions for the cure of defaults contained in the Security Instrument and other Loan Documents, shall not be construed to imply that any statement or agreement set forth above in this Paragraph 5 Section 6 is inaccurate or untrue in any respect whatsoever. (d) . The Security Instrument secures advances made and costs or expenses incurred to protect or preserve the Property, to keep the Property in good condition and repair or to comply with all legal requirements relating to the Property. The fact that this Agreement pertains to Hazardous Materials and that the obligations of Xxxxxxxx and Guarantor hereunder are not secured by the Security Instrument shall not be deemed to preclude Administrative Agent from making disbursements under and in accordance with the Security Instrument which relate to Hazardous Materials. Borrower and each Guarantor hereby specifically agrees never to make agree that Administrative Agent may elect that any allegation contrary disbursement made or cost or expense incurred by Administrative Agent, which under any provision of the Security Instrument could be secured thereby, be secured by the Security Instrument notwithstanding the fact that such disbursement, cost or expense relates to the forgoing provisions subject matter of this Paragraph 5 Agreement; and, if no such election is expressed by Administrative Agent, any disbursement made or cost or expense incurred by Administrative Agent (which under any provision of the Security Instrument could be secured thereby) prior to foreclosure of (or sale under power of sale contained in) the Security Instrument and expressly waives prior to payment and renounces any performance in full of all indebtedness and all claimsobligations secured by the Security Instrument shall be conclusively deemed to be an obligation arising under the Security Instrument, defenses and other rights which are dependent upon an allegation rather than under this Agreement, notwithstanding the fact that such disbursement, cost or proposition contrary expense may relate to the foregoing provisions subject matter of this Paragraph 5; Agreement, and Borrower shall be secured by the Security Instrument, unless, prior to such foreclosure (or sale under power) and each Guarantor hereby expressly waives and renounces the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary prior to or in conflict with the foregoing provisions of this Paragraph 5 or in conflict with or in derogation cancellation of the indemnity set forth Security Instrument following such payment and performance, Administrative Agent or the applicable Lender states in Paragraph 2 abovewriting that such disbursement, cost or expense was not intended by Administrative Agent to be secured by the Security Instrument.

Separate Obligations. (a) The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph Section 2 above) are separate and distinct obligations from Borrower’s and Guarantors’ obligations under the Loan Documents; and, notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages Pledges or the security interests or other collateral described in the Mortgages Pledges or the other Loan Documents, it being the intent of Borrower and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages Pledges or other Loan Documents or the liens or security interests created therein. (b) This Except as otherwise expressly provided in Section 2 above, this Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any Mortgage Pledge or other security documents, and shall, except as expressly provided in Paragraph Section 2 above, continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) Each of Borrower and each Guarantor Guarantors hereby specifically agrees that the fact that this Agreement is included in the definition of “Loan Documents”, and that, accordingly, a misrepresentation or default hereunder shall constitute a default under the Mortgages Pledges and other Loan Documents, shall not be construed to imply that any statement or agreement set forth above in this Paragraph Section 5 is inaccurate or untrue in any respect whatsoever. (d) Each of Borrower and each Guarantor Guarantors hereby specifically agrees never to make any allegation contrary to the forgoing provisions of this Paragraph Section 5 and expressly waives and renounces any and all claims, defenses and other rights which are dependent upon an allegation or proposition contrary to the foregoing provisions of this Paragraph Section 5; and each of Borrower and each Guarantor Guarantors hereby expressly waives and renounces the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing provisions of this Paragraph Section 5 or in conflict with or in derogation of the indemnity set forth in Paragraph Section 2 above.

Separate Obligations. (a) The obligations of Indemnitor under this Agreement are unconditional and shall not be limited by any limitation upon liability which may be provided for in or otherwise affect any other Loan Documents. The certifications, representations, warranties, covenants and agreements of Borrower and Guarantors Guarantor set forth in this Agreement (including, without limitation, the indemnity provided for in Paragraph 2 Section 4 above): (i) are separate and distinct obligations from Borrower’s 's and Guarantors’ Guarantor's obligations under the Loan and the Loan Documents; and, and (ii) notwithstanding anything to the contrary contained in any Loan Document, and even though the certifications, representations, warranties, covenants or agreements of Borrower and Guarantors contained herein may be identical or substantially similar to certifications, representations, warranties, covenants or agreements of Borrower and Guarantors set forth in the Loan Documents and secured thereby, the obligations of Borrower and Guarantors under this Agreement are not secured by the lien of the Mortgages or the security interests Security Instrument or other collateral described in security documents securing the Mortgages or the other Loan Documents, it being the intent of Borrower Loan; and Guarantors to create separate obligations of Borrower and Guarantors hereunder which can be enforced against such Persons without regard to the existence of the Mortgages or other Loan Documents or the liens or security interests created therein. (biii) This Agreement shall be deemed to be continuing in nature and shall not be discharged or satisfied by repayment of the Obligations Loan or by the exercise of any remedy by Agent under the Loan Documents, including foreclosure of any Mortgage the Security Instrument or other security documents, and shall, except as expressly provided in Paragraph 2 above, shall continue in effect after any transfer of the Property, including, without limitation, transfers pursuant to foreclosure proceedings (or in lieu of foreclosure) and subsequent transfers, even if, as a part of any such remedy, the Obligations are paid or satisfied in full. (c) . Borrower and each Guarantor hereby specifically agrees agree that the fact that this Agreement is included in the definition of “"Loan Documents”" set forth in the Security Instrument, and that, accordingly, a misrepresentation or default certain failures of performance and certain misstatements hereunder shall constitute a default defaults under the Mortgages Security Instrument and other Loan Documents, which are subject (to the extent provided therein) to the provisions for the cure of defaults contained in the Security Instrument, shall not be construed to imply that any statement or agreement set forth above in this Paragraph 5 Section 6 is inaccurate or untrue in any respect whatsoever. (d) . The Security Instrument secures advances made and costs or expenses incurred to protect or preserve the Property, to keep the Property in good condition and repair or to comply with all legal requirements relating to the Property. The fact that this Agreement pertains to Hazardous Materials and that the obligations of Borrower and each Guarantor hereunder are not secured by the Security Instrument shall not be deemed to preclude the Lender from making disbursements under and in accordance with the Security Instrument which relate to Hazardous Materials. Borrower and Guarantor hereby specifically agrees never to make agree that the Lender may elect that any allegation contrary disbursement made or cost or expense incurred by the Lender, which under any provision of the Security Instrument could be secured thereby, be secured by the Security Instrument notwithstanding the fact that such disbursement, cost or expense relates to the forgoing provisions subject matter of this Paragraph 5 Agreement; and, if no such election is expressed by the Lender, any disbursement made or cost or expense incurred by the Lender (which under any provision of the Security Instrument could be secured thereby) prior to foreclosure of (or sale under power of sale contained in) the Security Instrument and expressly waives prior to payment and renounces any performance in full of all indebtedness and all claimsobligations secured by the Security Instrument shall be conclusively deemed to be an obligation arising under the Security Instrument, defenses and other rights which are dependent upon an allegation rather than under this Agreement, notwithstanding the fact that such disbursement, cost or proposition contrary expense may relate to the foregoing provisions subject matter of this Paragraph 5; Agreement, and Borrower shall be secured by the Security Instrument, unless, prior to such foreclosure (or sale under power) and each Guarantor hereby expressly waives and renounces the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary prior to or in conflict with the foregoing provisions of this Paragraph 5 or in conflict with or in derogation cancellation of the indemnity set forth Security Instrument following such payment and performance, the Lender states in Paragraph 2 abovewriting that such disbursement, cost or expense was not intended by the Lender to be secured by the Security Instrument.