Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) (and Guarantor hereby waives any rights which Guarantor may have to require Servicer), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantor, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and To the extent permitted by applicable law, Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others other Person liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, or (fvi) resort to any other means of obtaining payment and performance of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It To the extent permitted by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require ServicerLender), in order to enforce the obligations of any Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower any Loan Party or others liable on the Loan or the Guaranteed Obligations Obligation or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligation, (d) join any Borrower or any others liable on the Guaranteed Obligations Obligation in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed ObligationsObligation. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsObligation.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on for amounts due under the Loan Note or the Guaranteed Obligations or any other person, (b) institute suit or exhaust its remedies with respect to the Note or any Person, (c) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (cd) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantor of the Guaranteed Obligations, (de) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ef) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fg) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It To the extent permitted by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require ServicerLender), in order to enforce the obligations of any Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower any Loan Party or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against either Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join either Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee, any other Loan Party or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower Borrower, Operating Lessee, any other Loan Party or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, Loan or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages (except in accordance with law) or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) (and Guarantor hereby waives any rights which Guarantor may have to require Servicer), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or and or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantor, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or LenderLxxxxx’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower Borrower, Operating Lessee or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Indenture Trustee (and Guarantor Support Provider hereby waives any rights which Guarantor Support Provider may have to require ServicerIndenture Trustee), in order to enforce the obligations of Guarantor Support Provider hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Issuers or others liable on the Loan Debt or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or LenderIndenture Trustee’s rights against any collateral which shall ever have been given to secure the LoanDebt, (ciii) enforce Servicer’s and/or LenderIndenture Trustee’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower Issuers or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender Indenture Trustee against any collateral which shall ever have been given to secure the LoanDebt, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender Indenture Trustee shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or LenderXxxxxx’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor Guarantors hereunder, first to (ai) institute suit or exhaust its remedies against Borrower any or all of the Borrowers or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower any or all of the Borrowers or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, Loan or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAgent or Lenders), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s Agent's or Lenders' rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s Agent's or Lenders' rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer Agent or the Lender Lenders against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Neither Agent nor any Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It To the extent permitted by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require ServicerLender), in order to enforce the obligations of any Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantor of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAgent or Lenders), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s Agent's or Lenders' rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s Agent's or Lenders' rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer Agent or the Lender Lenders against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender Neither Agent nor Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, or (fvi) resort to any other means of obtaining payment and performance of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.. 1.9

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAgent or Lenders), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its USActive 32932202.9 -4- remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce ServicerAgent’s and/or Lender’s or Lenders’ rights against any collateral which shall ever have been given to secure the Loan, (c) enforce ServicerAgent’s and/or Lender’s or Lenders’ rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer Agent or the Lender Lenders against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender Neither Agent nor Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf the Agent or any of Lender) the Banks (and the Guarantor hereby waives any rights which the Guarantor may have to require Servicer), the Agent or any of the Banks) in order to enforce payment by the obligations of Guarantor hereunderGuarantor, first to (ai) institute suit or exhaust its remedies against Borrower the Company or others liable on the Loan or the Guaranteed Obligations Debt or any other personPerson, (bii) enforce Servicer’s and/or Lender’s the Agent's or any Banks' rights against any collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (ciii) enforce Servicer’s and/or Lender’s the Agent's or the Banks' rights against any other guarantorguarantors of the Guaranteed Debt, (div) join Borrower the Company or any others liable on the Guaranteed Obligations Debt in any action seeking to enforce this GuarantyAgreement, (ev) exhaust any remedies available to Servicer the Agent or any of the Lender Banks against any collateral security which shall ever have been given to secure the LoanGuaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Servicer (on behalf of Lender) The Banks, and the Lender Agent shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Administrative Agent or any Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAdministrative Agent and/or any Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s Lenders’ rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s Lenders’ rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender Lenders against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (Neither any Lender nor Administrative Agent, on behalf of Lender) and the Lender Lenders, shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s rights against any collateral Collateral (as defined in the Security Instrument) which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral Collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender or Agent (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender or Agent), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce ServicerLender’s and/or Lenderand Agent’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce ServicerLender’s and/or Lenderand Agent’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender and Agent against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Neither Lender nor Agent shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) the Purchasers (and Guarantor hereby waives any rights which Guarantor may have to require Servicerthe Purchasers), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or any other guarantors of the Guaranteed Obligations or any other personDebt, (b) enforce Servicer’s and/or Lender’s the Purchasers’ rights against any collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (c) enforce Servicer’s and/or Lender’s rights against any other guarantor, (d) join Borrower or any others liable on the Guaranteed Obligations Debt in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fd) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Servicer (on behalf of Lender) and the Lender The Purchasers shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt. Guarantor acknowledges that the Purchasers have been induced by this Guaranty to make the Loans hereinabove described, and this Guaranty shall, without further reference or assignment, pass to, and be relied upon and enforced by, any successor or participant or assignee of any Purchaser in and to any liabilities or obligations of Borrower.

No Duty To Pursue Others. It Except as may be required by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Noteholder (and Guarantor hereby waives any rights which Guarantor may have to require ServicerNoteholder), in order to enforce the obligations of Guarantor hereundersuch payment or performance by Guarantor, first to (ai) institute suit or exhaust its rights or remedies against Borrower Maker, the Mortgaged Property or others liable on the Loan or the Guaranteed Obligations Debt or any other person, person or entity; (bii) enforce Servicer’s and/or Lenderor exhaust Noteholder’s rights or remedies against any collateral or security which shall ever have been given to secure the Loan, Guaranteed Debt; (ciii) enforce Servicer’s and/or LenderNoteholder’s rights or remedies against any other guarantor, guarantors of the Guaranteed Debt; (div) join Borrower Maker or any others liable on the Guaranteed Obligations Debt in any action seeking to enforce this Guaranty, ; (ev) exhaust any rights or remedies available to Servicer or the Lender Noteholder against any collateral or security which shall ever have been given to secure the Loan, Guaranteed Debt; or (fvi) resort to any other means of obtaining payment or performance of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Property Owner or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower Borrower, Property Owner or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It To the extent permitted by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require ServicerLender), in order to enforce the obligations of any Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations Obligation or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligation, (d) join any Borrower or any others liable on the Guaranteed Obligations Obligation in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed ObligationsObligation. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsObligation.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee, any other Loan Party or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Servicer’s and/or Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower Borrower, Operating Lessee, any other Loan Party or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment and performance of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s Xxxxxx's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAgent or Lenders), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (b) enforce ServicerAgent’s and/or Lender’s or Lenders’ rights against any collateral which shall ever have been given to secure the Loan, (c) enforce ServicerAgent’s and/or Lender’s or Lenders’ rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer Agent or the Lender Lenders against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender Neither Agent nor Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.. Loan No. 374-0551 WCSR 31793071 2

No Duty To Pursue Others. It Except as required by applicable law, it shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of such Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Servicer’s and/or Lender’s rights against any collateral Collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against Borrower or any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the In no event shall Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Agent or Banks (and Guarantor hereby waives any rights which Guarantor may have to require ServicerAgent or Banks), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Borrowers or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce ServicerAgent’s and/or Lender’s or Banks’ rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce ServicerAgent’s and/or Lender’s or Banks’ rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join Borrower Borrowers or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer Agent or the Lender Banks against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender Neither Agent nor Banks shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) Lender (and each Guarantor hereby waives any rights which Guarantor it may have to require ServicerLender), in order to enforce the obligations of each Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (bii) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (div) join any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Servicer (on behalf of Lender) (and Lender and, to the extent not prohibited by applicable law, Guarantor hereby waives any rights which Guarantor may have to require ServicerLender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s 's rights against any other guarantorguarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.