Common use of Obligations Separate Clause in Contracts

Obligations Separate. The obligations of Manager under this Section 1 are separate and severable from the obligations of Manager during the Management Term (as hereafter defined). No default or claimed default by Manager in the performance of its obligations under Section 1 hereof shall in any way affect or operate to terminate Manager's rights and obligations with respect to the Management Term, affect Manager's right to commence management of the Resort on the Commencement Date, nor be asserted against Manager or entitle the Partnership to deduct from, offset or withhold any amounts required to be paid to Manager in respect of the Management Term. Provided this agreement has not bee terminated prior to the Commencement Date as provided in Section 8.1.1, 8.1.4 or 8.1.5 hereof, Manager's right to commence management of the Resort on the Commencement Date as hereafter provided is absolute and unconditional and neither the Partnership nor any partner of the Partnership shall assert any claim to the contrary. No deductions shall be made from the Development Fee or other compensation or from any expenses due Manager on account of penalty, liquidated damage or other sums withheld from payments to Consultants or Contractors, or on account of the cost of changes in work comprising the Project.