Common use of State Specific Provisions and Waivers Clause in Contracts

State Specific Provisions and Waivers. 5.15.1 In the event of any inconsistencies between the other terms and conditions of this Guaranty and this Section 5.15, the terms and conditions of this Section 5.15 shall control and be binding. 5.15.2 With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of Nevada: By executing this Guaranty, Guarantor (A) to the fullest extent permitted by law, waives and relinquishes any defense based on any right of subrogation, reimbursement, contribution or indemnification or any other suretyship defenses it otherwise might or would have under Nevada law or other applicable law (including, to the extent permitted by Nevada Revised Statutes (“NRS”) Section 40.495, any defense or benefit that may be derived from NRS 40.430 and judicial decisions relating thereto, and/or NRS 40.451 et seq., and judicial decisions relating thereto, and/or NRS 40.465 et seq., and judicial decisions relating thereto) and agrees that it will be fully liable under this Guaranty even though Lender (or Servicer or Collateral Agent for the benefit of the Lender) forecloses against any Property as security for the Debt or the Guaranteed Obligations; (B) waives any and all defenses now or hereafter arising or asserted by reason of Guarantor’s rights under NRS 104.3605, Guarantor specifically agreeing that such waiver shall constitute a waiver of discharge under NRS 104.3605(9); and (C) to the fullest extent permitted by law, agrees that such Guarantor will not assert any such defense in any action or proceeding which any of the Noteholders may commence to enforce this Guaranty.

State Specific Provisions and Waivers. 5.15.1 In the event of any inconsistencies between the other terms and conditions of this Guaranty and this Section 5.15, the terms and conditions of this Section 5.15 shall control and be binding. 5.15.2 With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of Nevada: By executing this Guaranty, Guarantor (A) to the fullest extent permitted by law, waives and relinquishes any defense based on any right of subrogation, reimbursement, contribution or indemnification or any other suretyship defenses it otherwise might or would have under Nevada law or other applicable law (including, to the extent permitted by Nevada Revised Statutes (“NRS”) Section 40.495, any defense or benefit that may be derived from NRS 40.430 and judicial decisions relating thereto, and/or NRS 40.451 et seq., and judicial decisions relating thereto, and/or NRS 40.465 et seq., and judicial decisions relating thereto) and agrees that it will be fully liable under this Guaranty even though Lender (or Servicer or Collateral Agent for the benefit of the Lender) forecloses against any Property as security for the Debt or the Guaranteed Obligations; (B) waives any and all defenses now or hereafter arising or asserted by reason of Guarantor’s rights under NRS 104.3605, Guarantor specifically agreeing that such waiver shall constitute a waiver of discharge under NRS 104.3605(9); and (C) to the fullest extent permitted by law, agrees that such Guarantor will not assert any such defense in any action or proceeding which any of the Noteholders may commence to enforce this Guaranty. 5.15.3 With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of California:

State Specific Provisions and Waivers. 5.15.1 In the event of any inconsistencies between the other terms and conditions of this Guaranty and this Section 5.15, the terms and conditions of this Section 5.15 shall control and be binding. 5.15.2 With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of Nevada: By executing this Guaranty, Guarantor (A) to the fullest extent permitted by law, waives and relinquishes any defense based on any right of subrogation, reimbursement, contribution or indemnification or any other suretyship defenses it otherwise might or would have under Nevada law or other applicable law (including, to the extent permitted by Nevada Revised Statutes (“NRS”) Section 40.495, any defense or benefit that may be derived from NRS 40.430 and judicial decisions relating thereto, and/or NRS 40.451 et seq., and judicial decisions relating thereto, and/or NRS 40.465 et seq., and judicial decisions relating thereto) and agrees that it will be fully liable under this Guaranty even though Lender (or Servicer or Collateral Agent for the benefit of the Lender) forecloses against any Property as security for the Debt or the Guaranteed Obligations; (B) waives any and all defenses now or hereafter arising or asserted by reason of Guarantor’s rights under NRS 104.3605, EXHIBIT B – PAGE 13 Guarantor specifically agreeing that such waiver shall constitute a waiver of discharge under NRS 104.3605(9); and (C) to the fullest extent permitted by law, agrees that such Guarantor will not assert any such defense in any action or proceeding which any of the Noteholders may commence to enforce this Guaranty. 5.15.3 With respect to the foregoing provisions contained in this Guaranty, the following shall apply with respect to the State of California: