Assignor Remains Liable. It is expressly agreed that, anything herein contained to the contrary notwithstanding: (a) the Assignor shall at all times remain liable to AVSA under the Purchase Agreement to perform all the duties and obligations of the "Buyer" thereunder to the same extent as if this Assignment had not been executed; (b) the exercise by the Lessor of any of the rights assigned hereunder shall not release the Assignor from any of its duties or obligations to AVSA under the Purchase Agreement except to the extent that such exercise by the Lessor shall constitute performance of such duties and obligations; and (c) except as provided in the next succeeding paragraph, none of the Lessor, the Indenture Trustee nor any Participant shall have any obligation or liability under the Purchase Agreement by reason of, or arising out of, this Assignment or be obligated to perform any of the obligations or duties of the Assignor under the Purchase Agreement or to make any payment or to make any inquiry as to the sufficiency of any payment received by any of them or to present or file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.
Assignor Remains Liable. Unless specifically agreed in writing, any assignment by a Party as contemplated by this Section 11 shall not be construed to relieve the assignor of any of its obligations under this Agreement, nor shall any such assignment be deemed to modify or otherwise affect any of the rights of the non- assigning Party hereunder.
Assignor Remains Liable. Anything contained herein to the contrary notwithstanding, (a) Assignor shall remain liable under any contracts and agreements included in the Collateral, to the extent set forth therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by Assignee of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) Assignee shall not have any obligation or liability under any contracts and agreements included in the Collateral by reason of this Agreement, nor shall Assignee be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Assignor Remains Liable. Anything herein to the contrary notwithstanding, (i)Assignor shall remain liable under the Hedge Agreement and all other contracts, agreements and instruments included in, giving rise to, creating, establishing, evidencing or relating to the Collateral to the extent set forth therein to perform all of its duties and obligations (including, without limitation, the making of any payment to Counterparty) to the same extent as if this Assignment had not been executed, (ii) the exercise by Agent of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the Hedge Agreement, or any such contracts, agreements and instruments, and (iii) neither Agent nor any of the Lenders shall have any obligation or liability under the Hedge Agreement or any such contract, agreement or instrument by reason of this Assignment, and Agent shall not be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment or other right or privilege assigned to Agent hereunder.
Assignor Remains Liable. Notwithstanding anything to the contrary contained in this Assignment:
Assignor Remains Liable. In connection with any assignment permitted or consented to hereunder, such assignee shall assume in writing all of the assignor's obligations under the Agreement pursuant to an assumption agreement in form and substance reasonably satisfactory to the Sellers, provided that the Purchaser originally named herein shall not be relieved from its obligations under this Agreement. Any other purported or attempted assignment or delegation without obtaining the Sellers' prior written consent or not otherwise permitted hereunder shall be void and of no force and effect. No consent given by the Sellers to any transfer or assignment of Purchaser's rights or obligations hereunder shall be construed as a consent to any other transfer or assignment of Purchaser's rights or obligations hereunder.
Assignor Remains Liable. In the absence of an express agreement in writing to the contrary, executed by Landlord, no assignment, mortgage, pledge, hypothecation, encumbrance, subletting or license hereof or hereunder shall act as a release of Tenant from any of the provisions, covenants and conditions of this Lease on the part of Tenant to be kept and performed.
Assignor Remains Liable. Notwithstanding anything herein to ----------------------- the contrary, (a) the Assignor shall remain liable under the Assignment Agreement to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Collateral Assignment had not been executed, (b) the exercise by the Assignee of any of its rights hereunder shall not release the Assignor from any of its duties or obligations under the Assignment and Assumption Deed, and (c) the Assignee shall not by virtue hereof be obligated to take any action to collect or enforce any claim for the Payments assigned hereunder.
Assignor Remains Liable. While the assignment made hereby is present, direct and continuing, it has been made for the purpose of providing Bank with security for the performance of Assignor's obligations under the Credit Agreement and the other Loan Documents, and the execution and delivery hereof shall not impair or diminish in any way the obligations of Assignor under the Lease or impose any of such obligations on Bank. This Assignment shall not operate to cause Bank to be regarded as a mortgagee in possession. Neither Bank nor its designee shall be responsible or liable for performing any of the obligations of Assignor under the Lease, any Other Lease or any Contract, for any waste by Borders or others, for any dangerous or defective conditions of the Property, for negligence in the management, upkeep, repair or control of the Property or any other act or omission by any other Person. Nothing contained herein shall operate or be construed to (a) obligate Bank to assume the obligations of Assignor under the Lease, any Other Lease or any Contract, to perform any of the terms and conditions contained in the Lease, any Other Lease or any Contract or otherwise to impose any obligation upon Bank with respect to the Lease, any Other Lease or any Contract or (b) place upon Bank any responsibility for the operation, control, care, management or repair of any of the Property or any part thereof. Subject, at all times, to the terms and conditions of this Assignment, Assignor will at all times promptly and faithfully perform in all respects, or cause to be performed in all respects, all of its covenants, conditions and agreements contained in the Lease, any Other Lease or any Contract now or hereafter existing on the part of Assignor to be kept and performed.
Assignor Remains Liable. Assignor agrees that this Agreement shall not operate to release Assignor from any of its obligations or liabilities under the Lease.
