Common use of Other Actions Taken or Omitted Clause in Contracts

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property), whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor (other than actions or omissions expressly agreed to in writing by Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property), whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described hereinherein (other than actions or omissions expressly agreed to in writing by Lender), which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (therefor, other than any loss, damage liability or cost arising from Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, to the Property)Collateral or any part thereof, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, the Additional Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)Security, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as may be limited by Section 2(b), or Additional Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Obligations, as may be limited by Section 2(b), and Additional Obligations, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the such Guaranteed Obligations, as may be limited by Section 2(b), and such Additional Obligations.

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)Security, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Obligations, as limited by Section 2(b), as applicable, pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Obligations, as limited by Section 2(b), as applicable, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of the such Guaranteed Obligations, as limited by Section 2(b), as applicable.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, Note or the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property), Obligations whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, but provided such acts are taken in good faith and in a commercially reasonable manner if required under the Note, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoeverwhatsoever (subject to the terms of this Guaranty and the Note), whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations or any portion of the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s for the Guaranteed Obligations or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, any portion of the Property)Guaranteed Obligations, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereofof this Guaranty, it is being the unambiguous and unequivocal intention of the Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether or not contemplated or uncontemplated, and whether or not otherwise or particularly described hereinin this Guaranty, which obligation shall will be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or ------------------------------ omitted to be taken with respect to the Loan DocumentsLimited Partnership Agreement, the Contribution Agreement, the Indemnity Agreement, or any other Operative Document, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay and perform the Guaranteed Obligations pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Note, the Deed of Trust, the Other Loan Documents, the Guaranteed ObligationsRecourse Obligations of Borrower, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Recourse Obligations of Borrower pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Recourse Obligations of Borrower when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsRecourse Obligations of Borrower.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Second Mezzanine Loan Documents, the Guaranteed ObligationsObligation, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligation.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Second Mezzanine Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (therefor, other than any loss, damage liability or cost arising from Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, to the Property)Properties or any part thereof, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any Except as expressly provided in Section 2.1 hereof, this Guaranty and the obligations of Guarantor hereunder shall be valid and enforceable and shall not be subject to any reduction, limitation, impairment, discharge or termination for any other action taken or omitted to be taken with respect to the Loan Reimbursement Agreement and the Related Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Guaranteed ObligationsObligation, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligation.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations (subject to the maximum aggregate liability as set forth in Section 1.1(c) hereof) when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligations (subject to the maximum aggregate liability as set forth in Section 1.1(c) hereof).

Other Actions Taken or Omitted. Any Except to the extent the same shall result from the gross negligence, willful misconduct, illegal acts or fraud of Buyer, any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Repurchase Obligations, the Guaranteed Obligations, or the security and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property)therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations subject to Article II(a)(iii) when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.