Common use of Independence of Provisions Clause in Contracts

Independence of Provisions. If a conflict exists between the terms of this Agreement and those of any other Loan Document, this Agreement shall prevail; provided, however, that the parties acknowledge that this Agreement and the other Loan Documents may use several different limitations, tests or measurements to regulate the same or similar matters, and that such limitations, tests and measurements are cumulative and must each be performed, except as expressly stated to the contrary in this Agreement, or unless the applicable provisions are inconsistent or cannot be simultaneously enforced or performed.

Appears in 11 contracts

Samples: Revolving Credit Agreement (Essex Portfolio Lp), Revolving Credit Agreement (Essex Portfolio Lp), Revolving Credit Agreement (AmREIT, Inc.)

AutoNDA by SimpleDocs

Independence of Provisions. If a conflict exists between -------------------------- the terms of this Agreement and those of any other Loan Document, this Agreement shall prevail; provided, however, that the parties acknowledge that this Agreement and the other Loan Documents may use several different limitations, tests or measurements to regulate the same or similar matters, and that such limitations, tests and measurements are cumulative and must each be performed, except as expressly stated to the contrary in this Agreement, or unless the applicable provisions are inconsistent or cannot be simultaneously enforced or performed.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Essex Property Trust Inc)

Independence of Provisions. If a conflict exists between the -------------------------- terms of this Agreement and those of any other Loan Document, this Agreement shall prevail; provided, however, that the parties acknowledge -------- that this Agreement and the other Loan Documents may use several different limitations, tests or measurements to regulate the same or similar matters, and that such limitations, tests and measurements are cumulative and must each be performed, except as expressly stated to the contrary in this Agreement, or unless the applicable provisions are inconsistent or cannot be simultaneously enforced or performed.

Appears in 1 contract

Samples: Credit Loan Agreement (Catellus Development Corp)

AutoNDA by SimpleDocs

Independence of Provisions. If a conflict exists between -------------------------- the terms of this Agreement and those of any other Loan Document, this Agreement shall prevail; provided, however, that the parties acknowledge -------- that this Agreement and the other Loan Documents may use several different limitations, tests or measurements to regulate the same or similar matters, and that such limitations, tests and measurements are cumulative and must each be performed, except as expressly stated to the contrary in this Agreement, or unless the applicable provisions are inconsistent or cannot be simultaneously enforced or performed.

Appears in 1 contract

Samples: Line of Credit Loan Agreement (Catellus Development Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.