Common use of Colorado Provisions Clause in Contracts

Colorado Provisions. The following Colorado provision does not limit the express choice of New York law as set forth in Section 10.3 of this Agreement and the other Loan Documents. If and to the extent that, notwithstanding the choice of law provisions contained in this Agreement and the other Loan Documents, Colorado law is held to govern this Agreement, any Mortgage Document encumbering a Property located in Colorado or any other Loan Document: (a) No agreements, conditions, provisions or stipulations contained in this Agreement or in any of the other Loan Documents, or any Event of Default, or any exercise by Lender of the right to accelerate the payment of the maturity of principal and interest, any fees, or other amount due hereunder, or to exercise any option whatsoever, contained in this Agreement or any of the other Loan Documents, or the arising of any contingency whatsoever, shall entitle Lender to collect, in any event, interest exceeding the maximum authorized by C.R.S. § 5-12-101 et seq., and in no event shall Borrower be obligated to pay interest exceeding such rate, including on any judgment amount, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay a rate of interest exceeding the maximum allowed by law, shall be without binding force or effect, at law or in equity, to the extent only of the excess of interest over such maximum interest allowed by law. (b) Notwithstanding any provision of this Agreement or the Loan Documents to the contrary Borrower shall not have any liability or other obligation under or with respect to the Sponsor Guaranty, the Equity Owner Guaranty, the Borrower GP Guaranty or any Borrower TRS Guaranty and such guaranties shall not be deemed to be secured by any Deed of Trust encumbering any Property in Colorado.