Common use of Releases and Waivers Clause in Contracts

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s property, Guarantor agrees that Lxxxxx may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor hereunder. Guarantor further agrees that if Bxxxxxxx executes in favor of Lxxxxx any collateral agreement, mortgage or other security instrument, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor hereunder. Guarantor further agrees that Lender shall not be liable for its failure to use diligence in the collection of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor hereby waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertysecured, Guarantor agrees Guarantors agree that Lxxxxx Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that if Bxxxxxxx Borrower executes in favor of Lxxxxx Lender any collateral agreement, mortgage deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with LxxxxxLender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees Guarantors agree that Lxxxxx Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that if Bxxxxxxx Borrower executes in favor of Lxxxxx Lender any collateral agreement, mortgage deed of trust or other security instrument, including, without limitation, the Mortgage, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with LxxxxxLender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, ’ notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness Obligations at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees the Guarantors agree that Lxxxxx the Lender may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that if Bxxxxxxx the Company executes in favor of Lxxxxx the Lender any collateral agreement, mortgage deed of trust or other security instrument, the exercise by the Lender of any right or remedy thereby conferred on the Lender shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related DocumentsLender, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that the Lender shall not be liable for its their failure to use diligence in the collection of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and Guarantor the Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness Obligations at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees the Guarantors agree that Lxxxxx the Investors may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that if Bxxxxxxx the Company executes in favor of Lxxxxx the Investors any collateral agreement, mortgage deed of trust or other security instrument, the exercise by Lender the Investors of any right or remedy thereby conferred on Lender the Investors shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related DocumentsInvestors, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that Lender the Investors shall not be liable for its their failure to use diligence in the collection of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and Guarantor the Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, the Guarantor agrees that Lxxxxx the Lender(s) may at any time and from time to time, at its its/their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantor hereunder. The Guarantor further agrees that if Bxxxxxxx the Company executes in favor of Lxxxxx the Lenders or the Agent on their behalf, any collateral agreement, mortgage deed of trust or other security instrument, the exercise by the Lender of any right or remedy thereby conferred on the Lender shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Documents, Lender and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantor hereunder. The Guarantor further agrees that neither the Agent nor any Lender shall not be liable for its failure to use diligence in the collection of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and the Guarantor hereby waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees Guarantors agree that Lxxxxx Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that if Bxxxxxxx Borrower executes in favor of Lxxxxx Lender any collateral agreement, mortgage deed of trust or other security instrument, including, without limitation, the Mortgage, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with LxxxxxLender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor Guarantors hereunder. Guarantor Guarantors further agrees agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees the Guarantors agree that Lxxxxx the Buyers may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that if Bxxxxxxx the Company executes in favor of Lxxxxx the Buyers any collateral agreement, mortgage deed of trust or other security instrument, the exercise by Lender the Buyers of any right or remedy thereby conferred on Lender the Buyers shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related DocumentsBuyers, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that Lender the Buyers shall not be liable for its their failure to use diligence in the collection of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor the Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness Obligations at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees the Guarantors agree that Lxxxxx each Lender may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that if Bxxxxxxx the Company executes in favor of Lxxxxx each Lender any collateral agreement, mortgage deed of trust or other security instrument, the exercise by each Lender of any right or remedy thereby conferred on each Lender shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related Documentseach Lender, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor the Guarantors hereunder. Guarantor The Guarantors further agrees agree that each Lender shall not be liable for its their failure to use diligence in the collection of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and Guarantor the Guarantors hereby waives waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, the Guarantor agrees agree that Lxxxxx the Investor may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantor hereunder. The Guarantor further agrees that if Bxxxxxxx the Company executes in favor of Lxxxxx the Investor any collateral agreement, mortgage deed of trust or other security instrument, the exercise by Lender the Investor of any right or remedy thereby conferred on Lender the Investor shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related DocumentsInvestor, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantor hereunder. The Guarantor further agrees that Lender the Investor shall not be liable for its failure to use diligence in the collection of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and the Guarantor hereby waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is secured by Bxxxxxxx’s propertybe secured, Guarantor agrees that Lxxxxx Lenders may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantor hereunder. Guarantor further agrees that if Bxxxxxxx Borrower executes in favor of Lxxxxx Lenders any collateral agreement, mortgage deed of trust or other security instrument, the exercise by Lender Lenders of any right or remedy thereby conferred on Lender Lenders shall be wholly discretionary with Lxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Related DocumentsLenders, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantor hereunder. Guarantor further agrees that Lender Lenders shall not be liable for its their failure to use diligence in the collection of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantor hereby waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.