Common use of The Guarantor's Obligations Not Affected Clause in Contracts

The Guarantor's Obligations Not Affected. The duties and obligations of the Guarantor under this Guaranty shall remain in full force and effect, without the necessity of any reservation of rights against the Guarantor or notice to the Guarantor and shall not be impaired or discharged by: (a) any failure to enforce any right, power or remedy with respect to the Obligations, (b) the lack of genuineness, unenforceability or invalidity of the Obligations or the lack of genuineness, unenforceability or invalidity of any agreement relating thereto; (c) any change in the ownership of Tenant or the insolvency, bankruptcy or any other change in the legal status of Tenant, Landlord or Guarantor or any rejection or modification of the Obligations of Tenant or those of any person as a result of any bankruptcy, reorganization or similar proceeding; (d) the existence of any claim, set off or other rights or defenses (other than the defense of prior payment or performance) that the Guarantor may have at any time against Tenant or Landlord or any other person and the existence of any claim, setoff or other rights or defenses that Tenant may have against Guarantor, Landlord or any other person in connection with the Lease or with an unrelated transaction; (e) any merger or consolidation of Tenant or the Guarantor with any other entity, or any sale, lease or transfer of any or all of the assets of Tenant or the Guarantor to any other entity; (f) the rights, powers or privileges Landlord may now or hereafter have against any person or collateral; (g) any defect in title, condition or fitness of use of the Premises (as defined in the Lease), any casualty or condemnation affecting the Premises or any sublease, assignment, renewal, or other transfer or continuation of Tenant's rights under the Lease or any other Obligations, whether in accordance with the terms of the Lease or otherwise; or (h) any other action, omission, occurrence or circumstance whatsoever which may in any manner or to any extent vary the risk or effect a legal or equitable defense or discharge of the Guarantor hereunder as a matter of law or otherwise.

The Guarantor's Obligations Not Affected. The Guarantor expressly agrees that the duties and obligations of the Guarantor under this Guaranty shall remain in full force and effect, without the necessity of any reservation of rights against the Guarantor or notice (other than the notice referred to in Section. 2. 1 (b)) to or further assent by the Guarantor at any time and from time to time, in whole or in part, and without regard to, and shall not be impaired impaired, released, discharged, terminated or discharged affected by: (a) any failure extension, modification or renewal of, termination, addition or supplement to, or deletion from, any of the terms of or indulgence with respect to, or substitutions for, the Obligations or any part thereof or any agreement relating thereto at any time; (b) any failure, refusal or omission to enforce any right, power or remedy with respect to the Obligations,Obligations or any part thereof or any agreement relating thereto; (bc) any waiver of any right, power or remedy or of any default with respect to the Obligations or any part thereof or any agreement relating thereto; (d) any release, surrender, compromise, settlement, waiver, subordination or modification, with or without consideration, of any other guarantees with respect to the Obligations or any part thereof, or any other obligation of any Person with respect to the Obligations or any part thereof; (e) the lack of genuineness, unenforceability or invalidity of the Obligations or any part thereof or the lack of genuineness, unenforceability or invalidity of any agreement relating thereto; (cf) any change in the ownership of Tenant the Lessee or the insolvency, bankruptcy or any other change in the legal status of Tenantthe Lessee, Landlord Owner or Guarantor or any rejection or modification of the Obligations of Tenant the Lessee or those of any person Person under the Operative Documents as a result of any bankruptcy, reorganization reorganization, insolvency or similar proceeding; (dg) the change in or the imposition of any applicable laws and regulations or other governmental act that does or might impair, delay or in any way affect the validity, enforceability, or the payment when due, of the Obligations to the extent not prohibited by Applicable Laws and Regulations or otherwise; (h) the existence of any claim, set off or other rights or defenses (other than the defense of prior payment or performance) that the Guarantor may have at any time against Tenant the Lessee or Landlord any Beneficiary or any other person Person in connection herewith or with an unrelated transaction and the existence of any claim, setoff or other rights or defenses that Tenant the Lessee may have against Guarantor, Landlord any Beneficiary or any other person Person in connection with the Lease Operative Documents or with an unrelated transaction; (ei) any merger or consolidation of Tenant the Lessee or the Guarantor into or with any other entityPerson, or any sale, lease or transfer of any or all of the assets of Tenant the Lessee or the Guarantor to any other entityPerson; (fj) the rights, powers or privileges Landlord the Beneficiaries may now or hereafter have against any person Person or collateral; (gk) any defect in title, condition condition, operation or fitness of use of the Premises (as defined in the Lease)any Property, any casualty or condemnation affecting the Premises any Property or any sublease, assignment, renewal, extension or other transfer or continuation of Tenantthe Lessee's rights under the Master Lease or any other Obligations, whether in accordance with the terms of the Lease Operative Documents or otherwise; or (h1) any other action, omission, occurrence or circumstance whatsoever which may in any manner or to any extent vary the risk or effect a legal or equitable defense or discharge of the Guarantor hereunder as a matter of law or otherwise.

The Guarantor's Obligations Not Affected. The Guarantors expressly agree that the duties and obligations of the Guarantor Guarantors under this Guaranty Guarantee shall remain in full force and effect, without the necessity of any reservation of rights against the Guarantor Guarantors or notice to or further assent by the Guarantor Guarantors at any time and from time to time, in whole or in part, and without regard to, and shall not be impaired impaired, released, discharged, terminated or discharged byaffected by any of the following actions or the occurrence of any of the following: (a) any failure extension, modification, amendment or renewal of, termination, addition or supplement to, or deletion from, any of the terms of or indulgence with respect to, or substitutions for, or the taking of any action or the giving of any consent with respect to, the Obligations or any part thereof or the Master Lease or other agreement relating thereto at any time; (b) any failure, refusal or omission to enforce any right, power or remedy with respect to the Obligations, (b) the lack of genuineness, unenforceability or invalidity of the Obligations or any part thereof or the lack of genuineness, unenforceability Master Lease or invalidity of any other agreement relating thereto; (c) any waiver of any right, power or remedy or of any default with respect to the Obligations or any part thereof or the Master Lease or other agreement relating thereto or to provide for any insurance on the Property, or to establish or maintain the priority or perfection of any interest in the Property; (d) any release, surrender, compromise. settlement, waiver, subordination or modification, with or without consideration, of any collateral security or other guarantees with respect to the Obligations or any part thereof, or any other obligation of any Person with respect to the Obligations or any part thereof; (e) the lack of genuineness, unenforceability, impossibility of performance or invalidity of the Obligations or any part thereof or the lack of genuineness, unenforceability, impossibility of performance or invalidity of the Master Lease or other agreement relating thereto or the power or authority or lack of power or authority of the Master Lessee to execute and deliver the Master Lease or to perform any of its obligations thereunder or the existence or continuance of the Master Lessee or any other Person as a legal entity; (f) any change in the ownership of Tenant the Master Lessee or the insolvency, bankruptcy or any other change in the legal status of Tenant, Landlord or Guarantor the Master Lessee or any rejection rejection, modification or modification release of the Obligations obligations of Tenant the Master Lessee or those of any person Person under the Master Lease as a result of any bankruptcy, reorganization reorganization, insolvency or similar proceeding; (dg) the change in or the imposition of any Applicable Law or other governmental act that does or might impair, delay or in any way affect the validity, enforceability, or the payment when due, of the Obligations to the extent not prohibited by Applicable Law or otherwise. (h) the existence of any claim, set off counterclaim, setoff or other rights or defenses (other than the defense of prior payment or performance) that the Guarantor Guarantors may have at any time against Tenant or Landlord the Master Lessee or any other person and the existence of any claim, setoff or other rights or defenses that Tenant may have against Guarantor, Landlord or any other person Person in connection with the Lease herewith or with an unrelated transaction; (ei) any merger or consolidation of Tenant the Master Lessee or the any Guarantor into or with any other entityPerson, or any sale, lease release or transfer of any or all of the assets of Tenant the Master Lessee or the any Guarantor to any other entityPerson; (fj) the rights, powers or privileges Landlord any Beneficiary may now or hereafter have against any person Person or collateral; (gk) any defect in title, condition or fitness of use assignment of the Premises (as defined Master Lease or subletting of the Property or any part thereof or any transfer, sale or other disposition or any destruction of the Property or any failure of title with respect to any interest in the Lease)Property, (l) the failure of any Guarantor to receive any benefit from or as a result of its execution, any casualty or condemnation affecting the Premises or any sublease, assignment, renewal, or other transfer or continuation delivery and performance of Tenant's rights under the Lease or any other Obligations, whether in accordance with the terms of the Lease or otherwisethis Guarantee; or (hm) any other action, omission, occurrence or circumstance whatsoever which may in any manner or to any extent vary the risk or effect constitute a legal or equitable defense of any Guarantor or vary the risk, prejudice any rights of subrogation, limit the recourse or effect a discharge of the any Guarantor hereunder as a matter of law or otherwise; provided that the specific enumeration of the above-mentioned acts, failures or omissions shall not be deemed to exclude any other acts, failures or omissions, that are not specifically mentioned above, it being the purpose and intent of this paragraph that the obligations of the Guarantors hereunder shall be absolute and unconditional and shall not be discharged, impaired or varied except by the payment, observance or performance to the appropriate Beneficiary of the Master Lessee's obligations under the Master Lease, and then only to the extent of such payments, observance or performance. Without limitation any of the other teams or provisions hereof, in order to hold the Guarantors liable hereunder, there shall be no obligation on the part of any Beneficiary at any time to enforce or attempt to enforce any right or remedy against the Master Lessee or any other Person or to resort, in any manner or form, to any collateral, property or estates or any other rights or remedies whatsoever. Without limiting the foregoing, it is understood that repeated and successive demands may be made and recoveries may be had hereunder but without duplication of payment as and when, from time to time, the Master Lessee shall default under the terms of any of the Master Lease and that notwithstanding the recovery hereunder for or in respect of any given default by the Master Lessee wider the Master Lease, this Guarantee shall remain in full force and effect and shall apply to each and every subsequent default. Each and every default in any payment. observance or performance of any Obligation of the Master Lessee under the Master Lease shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs.

The Guarantor's Obligations Not Affected. The Guarantors expressly agree that the duties and obligations of the Guarantor Guarantors under this Guaranty Guarantee shall remain in full force and effect, without the necessity of any reservation of rights against the Guarantor Guarantors or notice to or further assent by the Guarantor Guarantors at any time and from time to time, in whole or in part, and without regard to, and shall not be impaired impaired, released, discharged, terminated or discharged byaffected by any of the following actions or the occurrence of any of the following: (a) any failure extension, modification, amendment or renewal of, termination, addition or supplement to, or deletion from, any of the terms of or indulgence with respect to, or substitutions for, or the taking of any action or the giving of any consent with respect to, the Obligations or any part thereof or the Master Lease or other agreement relating thereto at any time; (b) any failure, refusal or omission to enforce any right, power or remedy with respect to the Obligations, (b) the lack of genuineness, unenforceability or invalidity of the Obligations or any part thereof or the lack of genuineness, unenforceability Master Lease or invalidity of any other agreement relating thereto; (c) any waiver of any right, power or remedy or of any default with respect to the Obligations or any part thereof or the Master Lease or other agreement relating thereto or to provide for any insurance on the Property, or to establish or maintain the priority or perfection of any interest in the Property; (d) any release, surrender, compromise, settlement, waiver, subordination or modification, with or without consideration, of any collateral security or other guarantees with respect to the Obligations or any part thereof, or any other obligation of any Person with respect to the Obligations or any part thereof; (e) the lack of genuineness, unenforceability, impossibility of performance or invalidity of the Obligations or any part thereof or the lack of genuineness, unenforceability, impossibility of performance or invalidity of the Master Lease or other agreement relating thereto or the power or authority or lack of power or authority of the Master Lessee to execute and deliver the Master Lease or to perform any of its obligations thereunder or the existence or continuance of the Master Lessee or any other Person as a legal entity; (f) any change in the ownership of Tenant the Master Lessee or the insolvency, bankruptcy or any other change in the legal status of Tenant, Landlord or Guarantor the Master Lessee or any rejection rejection, modification or modification release of the Obligations obligations of Tenant the Master Lessee or those of any person Person under the Master Lease as a result of any bankruptcy, reorganization reorganization, insolvency or similar proceeding; (dg) the change in or the imposition of any Applicable Law or other governmental act that does or might impair, delay or in any way affect the validity, enforceability, or the payment when due, of the Obligations to the extent not prohibited by Applicable Law or otherwise; (h) the existence of any claim, set off counterclaim, setoff or other rights or defenses (other than the defense of prior payment or performance) that the Guarantor Guarantors may have at any time against Tenant or Landlord the Master Lessee or any other person and the existence of any claim, setoff or other rights or defenses that Tenant may have against Guarantor, Landlord or any other person Person in connection with the Lease herewith or with an unrelated transaction; (ei) any merger or consolidation of Tenant the Master Lessee or the any Guarantor into or with any other entityPerson, or any sale, lease release or transfer of any or all of the assets of Tenant the Master Lessee or the any Guarantor to any other entityPerson; (fj) the rights, powers or privileges Landlord any Beneficiary may now or hereafter have against any person Person or collateral; (gk) any defect in title, condition or fitness of use assignment of the Premises (as defined Master Lease or subletting of the Property or any part thereof or any transfer, sale or other disposition or any destruction of the Property or any failure of title with respect to any interest in the Lease)Property; (l) the failure of any Guarantor to receive any benefit from or as a result of its execution, any casualty or condemnation affecting the Premises or any sublease, assignment, renewal, or other transfer or continuation delivery and performance of Tenant's rights under the Lease or any other Obligations, whether in accordance with the terms of the Lease or otherwisethis Guarantee; or (hm) any other action, omission, occurrence or circumstance whatsoever which may in any manner or to any extent vary the risk or effect constitute a legal or equitable defense of any Guarantor or vary the risk, prejudice any rights of subrogation, limit the recourse or effect a discharge of the any Guarantor hereunder as a matter of law or otherwise; provided, however, that the specific enumeration of the above-mentioned acts, failures or omissions shall not be deemed to exclude any other acts, failures or omissions, that are not specifically mentioned above, it being the purpose and intent of this paragraph that the obligations of the Guarantors hereunder shall be absolute and unconditional and shall not be discharged, impaired or varied except by the payment, observance or performance to the appropriate Beneficiary of the Master Lessee's obligations under the Master Lease, and then only to the extent of such payments, observance or performance. Without limiting any of the other terms or provisions hereof, in order to hold the Guarantors liable hereunder, there shall be no obligation on the part of any Beneficiary at any time to enforce or attempt to enforce any right or remedy against the Master Lessee or any other Person or to resort, in any manner or form, to any collateral, property or estates or any other rights or remedies whatsoever. Without limiting the foregoing, it is understood that repeated and successive demands may be made and recoveries may be had hereunder but without duplication of payment as and when, from time to time, the Master Lessee shall default under the terms of any of the Master Lease and that notwithstanding the recovery hereunder for or in respect of any given default by the Master Lessee under the Master Lease, this Guarantee shall remain in full force and effect and shall apply to each and every subsequent default. Each and every default in any payment, observance or performance of any Obligation of the Master Lessee under the Master Lease shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs.