Common use of Liability of Grantor Clause in Contracts

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.1, Beneficiary will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this section shall limit the rights of Beneficiary to enforce any policies of insurance or to proceed against Grantor and the general partners of Grantor, if any, and/or the Liable Parties or any one or more of them (i) to enforce any Leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrower; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste committed by Grantor or any constituent thereof; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to Beneficiary; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with the Leases prior to an Event of Default; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with, any breach of a covenant contained in Article 6 hereof or the Indemnity Agreement; (vii) to recover any amount expended by Beneficiary in connection with a foreclosure or trustee’s sale hereunder, (viii) to recover damages arising from Grantor’s failure to comply with Section 8.1 of this Deed of Trust pertaining to ERISA; and/or (ix) to recover damages, costs and expenses arising from, or in connection with, Grantor’s failure to pay any Impositions or Premiums.

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.1, Beneficiary will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this section shall limit the rights of Beneficiary to enforce any policies of insurance or to proceed against Grantor and the general partners of Grantor, if any, and/or the Liable Parties or any one or more of them (i) to enforce any Leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrower; borrower (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste committed by Grantor or any constituent thereof; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to Beneficiary; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with the Leases prior to an Event of Default; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with, any breach of a covenant contained in Article 6 hereof or the -the Indemnity Agreement; (vii) to recover any amount expended by Beneficiary in connection with a foreclosure or trustee’s sale hereunder, (viii) to recover damages arising from Grantor’s failure to comply with Section 8.1 of this Deed of Trust pertaining to ERISA; and/or (ix) to recover damages, costs and expenses arising from, or in connection with, Grantor’s failure to pay any Impositions or Premiums.

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.19.01, Beneficiary Grantee will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this section Section 9.01 shall limit the rights of Beneficiary to enforce any policies of insurance or Grantee to proceed against Grantor and the general partners of GrantorGrantor and/or the Liable Parties, if any, and/or the Liable Parties or any one or more of them (i) to enforce any Leases leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrowerborrower or any policies of insurance under which Grantee is the insurer; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste committed by Grantor or any constituent thereofwaste; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to BeneficiaryGrantee; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with the Leases prior to an Event of DefaultGrantee; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary that Grantee acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with, any breach with the provisions of a covenant contained in Article 6 hereof this Deed To Secure Debt pertaining to Hazardous Materials or the Unsecured Indemnity Agreement; (vii) to recover all amounts due and payable pursuant to Sections 11.06 and 11.07 of this Deed To Secure Debt and any amount expended by Beneficiary Grantee in connection with a the foreclosure or trustee’s sale hereunder, of this Deed to Secure Debt; (viii) to recover damages arising from Grantor’s 's failure to comply with Section 8.1 8.01 of this Deed of Trust To Secure Debt pertaining to ERISA; ERISA and/or (ix) to recover damages, costs and expenses arising from, or in connection with, with Grantor’s 's failure to pay any Impositions or PremiumsPremiums to the extent not deposited with Grantee.

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.19.01, Beneficiary will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor or the general partners of Grantor. However, nothing contained in this section shall limit the rights of Beneficiary to enforce any policies of insurance or to proceed against Grantor and the general partners of Grantor, if any, and/or the Liable Parties or any one or more of them Grantor (i) to enforce any Leases entered into by Grantor recover actual damages for fraud, intentional material misrepresentation or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrowerintentional waste; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty condemnation proceeds or waste committed by Grantor or any constituent thereof; (iii) to recover any Condemnation Proceeds or Insurance Proceeds insurance proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to Beneficiary; (iviii) to recover any tenant security deposits, tenant letters letter of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with the Leases prior to an Event of Defaultmisapplied by Grantor; (viv) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (viv) to recover actual damages, costs and expenses arising from, or in connection with, any breach of a covenant contained in Article 6 hereof or with the Indemnity Agreement; (vii) to recover any amount expended by Beneficiary in connection with a foreclosure or trustee’s sale hereunder, (viii) to recover damages arising from Grantor’s failure to comply with Section 8.1 provisions of this Deed of Trust pertaining to ERISAhazardous materials or the Indemnity Agreement; (vi) to recover all amounts due and payable pursuant to Section 11.06 and 11.07 of the Deed of Trust; and/or (ixvii) to recover damages, costs and expenses actual damages arising from, or in connection with, from Grantor’s 's failure to pay any Impositions or Premiums.comply with the provisions of the Deed of Trust pertaining to ERISA ARTICLE X CHANGE IN OWNERSHIP, CONVEYANCE OF PROPERTY

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.1SECTION 9.01, Beneficiary will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this section SECTION 9.01 shall limit the rights of Beneficiary to enforce any policies of insurance or to proceed against Grantor and the general partners of GrantorGrantor and/or the Liable Parties, if any, and/or the Liable Parties or any one or more of them (i) to enforce any Leases leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrowerborrower or any policies of insurance; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste committed by Grantor or any constituent thereofwaste; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to Beneficiary; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with the Leases prior to an Event of DefaultBeneficiary; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with, any breach with the provisions of a covenant contained in Article 6 hereof this Deed of Trust pertaining to Hazardous Materials or the Unsecured Indemnity Agreement; (vii) to recover any amount expended by Beneficiary in connection with a foreclosure or trustee’s sale hereunder, all amounts due and payable pursuant to SECTIONS 11.06 and 11.07 of this Deed of Trust; and/or (viii) to recover damages arising from Grantor’s 's failure to comply with Section 8.1 the provisions of this Deed of Trust pertaining to ERISA; and/or (ix) to recover damages, costs and expenses arising from, or in connection with, Grantor’s failure to pay any Impositions or Premiums.

Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.19.01, Beneficiary Grantee will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this section Section 9.01 shall limit the rights of Beneficiary to enforce any policies of insurance or Grantee to proceed against Grantor and the general partners of Grantor, if any, and/or the Liable Parties or any one or more of them Parties, (i) to enforce any Leases leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrowerborrower (such as, for example, but without limitation, master leases, guaranty agreements, or other similar agreements) or any policies of insurance under which Grantee is the insurer; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste committed by Grantor any of the Liable Parties or any constituent thereofGrantor; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to BeneficiaryGrantee pursuant to the Loan Documents; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or refundable fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Beneficiary unless applied in accordance with Grantee or otherwise disbursed pursuant to the Leases prior to an Event of Defaultsubject Lease; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date Beneficiary that Grantee acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with, any breach with the provisions of a covenant contained in Article 6 hereof this Deed To Secure Debt pertaining to Hazardous Materials or the Unsecured Indemnity Agreement; (vii) to recover any amount expended all expenses incurred by Beneficiary in connection with Grantee as a foreclosure or trustee’s sale hereunder, result of Grantor's contest of the enforcement of the Loan Documents beyond Grantor's contention that no Event of Default has occurred; (viii) to recover damages arising from Grantor’s 's failure to comply with Section 8.1 8.01 of this Deed of Trust To Secure Debt pertaining to ERISA; and/or (ix) to recover damages, costs and expenses arising from, or in connection with, with Grantor’s 's failure to pay any Impositions or PremiumsPremiums to the extent not deposited with Grantee; (x) for all obligations of Grantor under Section 21 of the Note captioned "Interest Rate Protection"; and/or (xi) for any disbursements made by Grantee to Grantor for Tenant Improvements, Leasing Commissions or other Lease Related Costs pursuant to the Leasing Reserve Holdback Agreement prior to the applicable Tenant taking actual occupancy and paying rent under such Tenant's Lease; provided that neither Grantor nor the Liable Parties shall have any liability for such amounts under this clause (xi) after any such Tenant shall have taken occupancy and commenced paying rent.