State Law Provisions Sample Clauses

State Law Provisions. To the extent that a court of competent jurisdiction would deem the laws of the State of California to be applicable to this Agreement and the other Loan Documents, Borrower makes the following waivers: (A) Each Borrower hereby waives the rights and benefits under California Civil Code (“CC”) Section 2819, and agrees that by doing so such Borrower’s liability shall continue even if the Lender alters any obligations under the Loan Documents in any respect or Lender’s remedies or rights against any Borrower are in any way impaired or suspended without such Borrower’s consent. (B) Each Borrower hereby waives any and all benefits and defenses under CC Section 2810 and agrees that by doing so such Borrower is liable even if such Borrower had no liability at the time of execution of the Note or thereafter ceased to be liable. Each Borrower hereby waives any and all benefits and defenses under CC Section 2809 and agrees that by doing so such Borrower’s liability may be larger in amount and more burdensome than that of any other Borrower. (C) Each Borrower hereby waives any and all benefits and defenses under CC Sections 2845, 2849, 2850, 2899 and 3433, including, without limitation, the right to require the Lender to (i) proceed against such Borrower or any other guarantor or pledgor, (ii) proceed against or exhaust any security or collateral the Lender may hold, or (iii) pursue any other right or remedy for such Borrower’s benefit, and agrees that the Lender may proceed against such Borrower for the Obligations without taking any action against any other Borrower or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the Lender holds. Each Borrower agrees that the Lender may unqualifiedly exercise in its sole and absolute discretion, any or all rights and remedies available to it against such Borrower or any other guarantor or pledgor without impairing the Lender’s rights and remedies in enforcing this Agreement and any other Loan Document, under which Borrower’s liabilities shall remain independent and unconditional. Each Borrower agrees that the Lender’s exercise of certain of such rights or remedies may affect or eliminate such Borrower’s right of subrogation or recovery against any other Borrower and that such Borrower may incur partially or totally non-reimbursable liability under this Agreement and the other Loan Documents. Without limiting the generality of the foregoing, each Borrower expressly waives an...

State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Security Instrument, as to the Property:

State Law Provisions. 23 14. TRUSTEE............................................................25

State Law Provisions. 7.2.2.1 Va. Code § 2.2-4201 (a) During the performance of the Agreement, Design-Builder agrees as follows: (i) Design-Builder will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Design-Builder. Design-Builder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Design-Builder, in all solicitations or advertisements for employees placed by or on behalf of Design-Builder, will state that Design-Builder is an equal opportunity employer. However, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. (iii) If Design-Builder employs more than five employees, Design-Builder shall (1) provide annual training on Design-Builder's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (2) post Design- Builder’s sexual harassment policy in (A) a conspicuous public place in each building located in the Commonwealth that Design-Builder owns or leases for business purposes and (B) Design-Builder's employee handbook. (iv) The requirements of these provisions (a) and (b) are a material part of the Agreement. If Design-Builder violates one of these provisions, VPRA may terminate the affected part of the Agreement for breach, or at its option, the whole Agreement. Violation of one of these provisions may also result in debarment from state contracting regardless of whether the specific contract is terminated. (b) Design-Builder will include the provisions of subdivisions (i)-(iii) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor or supplier. 7.2.2.2 Disabilities Act, Va. Code § 51.5-40

State Law Provisions. This instrument secures payment and performance of all Obligations under the Lease (as the same may be modified, amended or supplemented from time to time). The maximum principal indebtedness (as provided by T.C.A. Section 67-4-409(b)) secured, in the aggregate, by this instrument and all other instruments now or hereafter filed or recorded to secure payment or performance of the Obligations is limited to $___________. There are no Tennessee Recording Taxes due hereunder, as this instrument continues to secure the Obligations set forth under the Existing Assignments of Subleases and Rents, the recording information of which is included at EXHIBIT C.

State Law Provisions. In the event of any inconsistency between the provisions of this Section 43 and any other provisions of this Mortgage, the provisions of this Section 43 shall control. [To insert state-specific provisions as needed, including, at the Mortgagor's request, in states in which mortgage recording and similar taxes and title insurance charges generally warrant limitations as to the mortgage lien amount, all limitations to be acceptable to the Mortgagee, including, if applicable, provisions requiring the assignment without representation, warranty or recourse and at the Mortgagor's expense of this Mortgage and the Notes in lieu of satisfaction hereof in consideration of an amount sufficient to repay the Secured Obligations in full, all on terms and conditions acceptable to the Mortgagee and in any case provided that such assignment is made without liability to the Mortgagee or any Lender, any obligations and liabilities of the Mortgagor to the Mortgagee and the Lender shall cease upon such assignment and all obligations and liabilities of the Mortgagee to the Mortgagor under the Financing Documents that by their terms survive repayment of the Secured Obligations shall continue in favor of the Mortgagee and the Lenders notwithstanding such assignment.] [The remainder of this page is intentionally left blank.]

State Law Provisions. This Agreement shall be governed by the laws of the state of California. This annuity agreement shall be interpreted in a manner that is in compliance with applicable existing state law. By signing this agreement, the Donor acknowledges receipt of the Charitable Organization Gift Annuity Disclosure Statement in accordance with the requirements of the Philanthropy Protection Act of 1995. In addition, to the extent an amendment does not conflict with federal law, the agreement may be amended by mutual agreement of the parties solely for the purpose of compliance with state law, with such amendment subject to approval of the Insurance Commissioner of the State of California. Annuities are subject to regulation by the State of California. Payments under this agreement, however, are not protected or otherwise guaranteed by any government agency or the California Life and Health Insurance Guarantee Association.

State Law Provisions. [Signature Page Follows] EXECUTED as of the date first above written. WINSTON SPE II LLC, a Delaware limited liability company By: _________________________ Name: ______________________ Title: _______________________ The undersigned, Operating Lessee, hereby joins in this Deed of Trust solely for the purposes set forth in Section 8.16 hereof. ▇▇▇▇▇▇▇ HOSPITALITY SERVICES INC., a North Carolina corporation By: _________________________ Name: ______________________ Title: _______________________ ACKNOWLEDGMENT STATE OF ) -----------------------------------) ) ss. COUNTY OF ) ----------------------------------) On March __, 2005, before me, __________________________________, Notary Public, personally appeared ___________________________________, who is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as ___________________ of Winston SPE II LLC, a Delaware limited liability company, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

State Law Provisions. Certain provisions / sections of this Guaranty and certain additional provisions / sections that are required by laws of the State or Commonwealth in which the Premises is located may be amended, described and/or otherwise set forth in more detail on Exhibit “A” attached hereto, which such Exhibit by this reference, is incorporated into and made a part of this Guaranty. In the event of any conflict between such state law provisions and any provision herein, the state law provisions shall control.