Common use of Survival of Agreements; Cumulative Nature Clause in Contracts

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB and all of USB's obligations to Borrowers are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB under any Loan Document shall be deemed representations and warranties by Borrowers to USB and/or agreements and covenants of Borrowers under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, ’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan Loans and the delivery of the Notes Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB BOK and all of USB's BOK’s obligations to Borrowers Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB BOK under any Loan Document shall be deemed representations and warranties by Borrowers Borrower to USB BOK and/or agreements and covenants of Borrowers Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB BOK in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB BOK of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of ----------------------------------------- the Obligated Persons, ' various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB and all of USB's obligations to Borrowers Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB under any Loan Document shall be deemed representations and warranties by Borrowers Borrower to USB and/or agreements and covenants of Borrowers Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, ’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB BOTW and all of USB's BOTW’s obligations to Borrowers are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB BOTW under any Loan Document shall be deemed representations and warranties by Borrowers to USB BOTW and/or agreements and covenants of Borrowers under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB BOTW in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB BOTW of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, Borrower's various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB Lenders and all of USB's Lenders' obligations to Borrowers Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered by Borrower to USB any Lender under any Loan Document shall be deemed representations and warranties by Borrowers Borrower to USB Lenders and/or agreements and covenants of Borrowers Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons Borrower in the Loan Documents, and the rights, powers, and privileges granted to USB Lenders in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB any Lender of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, ’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB BOTW and all of USB's BOTW’s obligations to Borrowers Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB BOTW under any Loan Document shall be deemed representations and warranties by Borrowers Borrower to USB BOTW and/or agreements and covenants of Borrowers Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB BOTW in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB BOTW of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.

Survival of Agreements; Cumulative Nature. All of the Obligated Persons, ’ various representations, warranties, covenants and agreements in the Loan Documents shall survive the execution and delivery of this Agreement and the other Loan Documents and the performance hereof and thereof, including without limitation the making or granting of the Loan and the delivery of the Notes Note and the other Loan Documents, and shall further survive until all of the Obligations are paid in full to USB BOK and all of USB's BOK’s obligations to Borrowers Borrower are terminated. All statements and agreements contained in any certificate or other instrument delivered to USB BOK under any Loan Document shall be deemed representations and warranties by Borrowers Borrower to USB BOK and/or agreements and covenants of Borrowers Borrower under this Agreement. The representations, warranties, and covenants made by the Obligated Persons in the Loan Documents, and the rights, powers, and privileges granted to USB BOK in the Loan Documents, are cumulative, and no Loan Document shall be construed in the context of another to diminish, nullify, or otherwise reduce the benefit to USB BOK of any such representation, warranty, covenant, right, power or privilege. In particular and without limitation, no exception set out in this Agreement to any representation, warranty or covenant herein contained shall apply to any similar represent- ationrepresentation, warranty or covenant contained in any other Loan Document, and each such similar representation, warranty or covenant shall be subject only to those exceptions which are expressly made applicable to it by the terms of the various Loan Documents.