Common use of Liability Not Limited Clause in Contracts

Liability Not Limited. The liability of each Indemnitor under this Agreement shall in no way be limited or impaired by (i) any amendment or modification of the Loan Documents, (ii) any extensions of time for performance required by any of the Loan Documents, (iii) any sale or assignment by Lender of its interest in the Loan, any sale or transfer of all or any part of the Property or any sale or other assignment by any Indemnitor of its direct or indirect ownership interests in the Borrower, (iv) the release of any other Indemnitor (including, if applicable, Borrower) or any other Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents or in this Agreement by operation of law, voluntary act or otherwise, (v) the release or substitution in whole or in part of any security for the Note, or other evidence of debt issued pursuant to the Loan Documents, (vi) the failure to record any of the Loan Documents (or the improper recording or filing of any thereof) or to otherwise perfect, protect, secure, insure, realize upon or otherwise deal with in any manner and in any order, any security interest or lien given as security for the Note, or other evidence of indebtedness under the Loan Documents, (vii) Lender exercising or refraining from exercising any rights against Borrower, any other Indemnitor or any other Person, (viii) Lender settling or compromising the liability of any Person (including those of any other Indemnitor) hereunder or under the Loan Agreement,

Liability Not Limited. The liability of each Indemnitor under this Agreement shall in no way be limited or impaired by (i) any amendment or modification of the Loan Documents, (ii) any extensions of time for performance required by any of the Loan Documents, (iii) any sale or assignment by Lender of its interest in the Loan, any sale or transfer of all or any part of the Property or any sale or other assignment by any Indemnitor of its direct or indirect ownership interests in the Borrower, (iv) the release of any other Indemnitor (including, if applicable, Borrower) or any other Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents or in this Agreement by operation of law, voluntary act or otherwise, (v) the release or substitution in whole or in part of any security for the Note, or other evidence of debt issued pursuant to the Loan Documents, (vi) the failure to record any of the Loan Documents (or the improper recording or filing of any thereof) or to otherwise perfect, protect, secure, insure, realize upon or otherwise deal with in any manner and in any order, any security interest or lien given as security for the Note, or other evidence of indebtedness under the Loan Documents, (vii) Lender exercising or refraining from exercising any rights against Borrower, any other Indemnitor or any other Person, (viii) Lender settling or compromising the liability of any Person (including those of any other Indemnitor) hereunder or under the Loan Agreement,, Lender applying any sums by whomsoever paid or howsoever realized to any liability or liabilities of Borrower to Lender, as Lender may elect, including liabilities which are not Indemnified Losses, regardless of what liability or liabilities of Borrower remain unpaid, or (x) Lender making or failing to make any advance of loan proceeds, whether or not Lender is entitled to do so under the Loan Documents; and in any of these cases, whether with or without notice to any Indemnitor and with or without consideration.