Common use of Construction; Nonrecourse Clause in Contracts

Construction; Nonrecourse. Anything contained in this Agreement to the contrary notwithstanding, all claims against, and liabilities of, Tenant or Landlord arising prior to any date of termination or expiration of this Agreement with respect to the Leased Property shall survive such termination or expiration. Each term or provision of this Agreement to be performed by Tenant shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by Tenant of its obligations under this Agreement, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this Agreement, any obligations arising prior to the expiration or sooner termination of this Agreement of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this Agreement. In addition, solely with respect to Landlord, nothing contained in this Agreement shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord or Tenant for the payment or performance of the obligations or liabilities of Landlord hereunder. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Construction; Nonrecourse. Anything contained in this Agreement to the contrary notwithstanding, all claims against, and liabilities of, Manager or Tenant or Landlord arising prior to any date of termination or expiration of this Agreement with respect to the Leased Property any Hotel shall survive such termination or expiration. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated except by an instrument in writing signed by all the parties thereto. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each term or provision of this Agreement to be performed by Tenant Manager shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by exercise of any rights of Manager or Tenant of its obligations under this Agreement, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this Agreement, any obligations arising prior to the expiration or sooner termination of this Agreement of Tenant Manager (including without limitation, any monetary, repair and indemnification obligations) and Landlord Tenant shall survive the expiration or sooner termination of this Agreement. In addition, solely with respect to Landlord, nothing Nothing contained in this Agreement shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord Tenant or Tenant its Affiliates or Manager or its Affiliates for the payment or performance of the obligations or liabilities of Landlord Tenant or Manager, as applicable, hereunder. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Construction; Nonrecourse. Anything contained in this Agreement to the contrary notwithstanding, all claims against, and liabilities of, Manager or Tenant or Landlord arising prior to any date of termination or expiration of this Agreement with respect to the Leased Property any Hotel shall survive such termination or expiration. In no event shall Tenant be liable for any consequential damages suffered by Manager as the result of a breach of this Agreement by Tenant. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated except by an instrument in writing signed by all the parties thereto. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each term or provision of this Agreement to be performed by Tenant Manager shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by exercise of any rights of Manager or Tenant of its obligations under this Agreement, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this Agreement, any obligations arising prior to the expiration or sooner termination of this Agreement of Tenant Manager (including without limitation, any monetary, repair and indemnification obligations) and Landlord Tenant shall survive the expiration or sooner termination of this Agreement. In addition, solely with respect to Landlord, nothing Nothing contained in this Agreement shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord Tenant or Tenant its Affiliates or Manager or its Affiliates for the payment or performance of the obligations or liabilities of Landlord Tenant or Manager, as applicable, hereunder. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Construction; Nonrecourse. Anything contained in this Agreement Lease to the contrary notwithstanding, all claims against, and liabilities of, Tenant or Landlord arising prior to any date of termination or expiration of this Agreement Lease with respect to the Leased Property shall survive such termination or expiration. Each term or provision of this Agreement Lease to be performed by Tenant shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by Tenant of its obligations under this AgreementLease, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this AgreementLease, any obligations arising prior to the expiration or sooner termination of this Agreement Lease of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this AgreementLease. In addition, solely with respect to Landlord, nothing contained in this Agreement Lease shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord or Tenant for the payment or performance of the obligations or liabilities of Landlord hereunder. The parties have participated jointly in the negotiation and drafting of this AgreementLease. In the event an ambiguity or question of intent or interpretation arises, this Agreement Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this AgreementLease.

Construction; Nonrecourse. Anything contained in this Agreement Lease to the contrary notwithstanding, all claims against, and liabilities of, Tenant or Landlord arising prior to any date of termination or expiration of this Agreement Lease with respect to the Leased Property shall survive such termination or expiration. Each term or provision of this Agreement Lease to be performed by Tenant shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by Tenant of its all obligations under this AgreementLease, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this AgreementLease, any obligations arising prior to the expiration or sooner termination of this Agreement Lease of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this AgreementLease. In addition, solely with respect to Landlord, nothing contained in this Agreement Lease shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord or Tenant for the payment or performance of the obligations or liabilities of Landlord hereunder. The parties have participated jointly in the negotiation and drafting of this AgreementLease. In the event an ambiguity or question of intent or interpretation arises, this Agreement Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this AgreementLease.

Construction; Nonrecourse. Anything contained in this Agreement to the contrary notwithstanding, all claims against, and liabilities of, Manager or Tenant or Landlord arising prior to any date of termination or expiration of this Agreement with respect to the Leased Property shall survive such termination or expiration. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated except by an instrument in writing signed by all the parties thereto. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each term or provision of this Agreement to be performed by Tenant Manager shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by exercise of any rights of Manager or Tenant of its obligations under this Agreement, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this Agreement, any obligations arising prior to the expiration or sooner termination of this Agreement of Tenant Manager (including without limitation, any monetary, repair and indemnification obligations) and Landlord Tenant shall survive the expiration or sooner termination of this Agreement. In addition, solely with respect to Landlord, nothing Nothing contained in this Agreement shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord Tenant or Tenant its Affiliates or Manager or its Affiliates for the payment or performance of the obligations or liabilities of Landlord Tenant or Manager, as applicable, hereunder. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Construction; Nonrecourse. Anything contained in this Agreement Lease to the contrary notwithstanding, all claims against, and liabilities of, Tenant or Landlord arising prior to any date of termination or expiration of this Agreement Lease with respect to the Leased Property shall survive such termination or expiration. Each term or provision of this Agreement Lease to be performed by Tenant shall be construed as an independent covenant and condition. Time is of the essence with respect to the performance by Tenant of its obligations under this AgreementLease, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this Agreement, any obligations arising prior to the expiration or sooner termination of this Agreement of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this Agreement. In addition, solely with respect to Landlord, nothing contained in this Agreement Lease shall be construed to create or impose any liabilities or obligations obligations, and no such liabilities or obligations shall be imposed on on, any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord or Tenant for the payment or performance of the obligations or liabilities of Landlord hereunder. Except as otherwise set forth in this Lease, any obligations arising prior to the expiration or sooner termination of this Lease of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this Lease. The parties have participated jointly in the negotiation and drafting of this AgreementLease. In the event an ambiguity or question of intent or interpretation arises, this Agreement Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this AgreementLease.

Construction; Nonrecourse. Anything contained in this Agreement Lease to the contrary notwithstanding, all claims against, and liabilities of, Tenant or Landlord arising prior to any date of termination or expiration of this Agreement Lease with respect to the Leased Property shall survive such termination or expiration. Each term or provision of this Agreement Lease to be performed by Tenant shall be construed as an independent covenant and condition. Time is of the essence with respect to Batesville Healthcare Center Batesville, Arkansas the performance by Tenant of its all obligations under this AgreementLease, including, without limitation, obligations for the payment of money. Except as otherwise set forth in this AgreementLease, any obligations arising prior to the expiration or sooner termination of this Agreement Lease of Tenant (including without limitation, any monetary, repair and indemnification obligations) and Landlord shall survive the expiration or sooner termination of this AgreementLease. In addition, solely with respect to Landlord, nothing contained in this Agreement Lease shall be construed to create or impose any liabilities or obligations and no such liabilities or obligations shall be imposed on any of the shareholders, beneficial owners, direct or indirect, officers, directors, trustees, employees or agents of Landlord or Tenant for the payment or performance of the obligations or liabilities of Landlord or Tenant hereunder. The parties have participated jointly in the negotiation and drafting of this AgreementLease. In the event an ambiguity or question of intent or interpretation arises, this Agreement Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this AgreementLease.