Common use of No Limitation on Liability Clause in Contracts

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower Party; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following eventsevents (if applicable), and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the PropertyProperty or any portion thereof; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking of, or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following eventsfollowing, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument any security agreement or any of the other Loan Documents or any sale or transfer of the PropertyCollateral; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan DocumentsBorrower; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in provisions of any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to properly record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loaninaction, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the PropertyProperty (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property, (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each of the Indemnitors hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitors do, permit or cause any of the following events, and the liability of Guarantor the Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitors, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteNotes; (iib) any sale, assignment or foreclosure of the Note, the Loan AgreementNotes, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, any of the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitors herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower any of the Indemnitors or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties’ voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) Lenderthe Agent’s failure to record the Security Instrument or to file any financing statement (or Lenderthe Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitors or any other person, shall limit, impair or release Guarantor’s the Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor the Borrower any recourse against Lenderthe Indemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Documents or any of the other Loan Documents or any sale or transfer of the PropertyCollateral; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Documents or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect effect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each of the Indemnitors hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitors do, permit or cause any of the following events, and the liability of Guarantor the Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitors, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, any of the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitors herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower any of the Indemnitors or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties’ voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) Lenderthe Agent’s failure to record the Security Instrument or to file any financing statement (or Lenderthe Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitors or any other person, shall limit, impair or release Guarantor’s the Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor the Borrower any recourse against Lenderthe Indemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each of the Indemnitors hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitors do, permit or cause any of the following events, and the liability of Guarantor the Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitors, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, any of the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitors herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower any of the Indemnitors or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties’ voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) the Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or the Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification by Lender and Borrower of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action action, except any illegal act or omission, of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitors or any other person, shall limit, impair or release Guarantor’s the Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor the Borrower any recourse against Lenderthe Indemnified Parties, except to the extent of any Indemnified Party’s gross negligence, willful misconduct, bad faith or illegal acts. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Indenture or any of the other Loan Documents or any sale or transfer of the Mortgaged Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor the beneficial owner from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan, including without limitation, the defeasance contemplated by the. Note; (vii) Lender’s 's failure to record the Security Instrument Indenture or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein. Notwithstanding the foregoing, if as a result of a Permitted Transfer (as completed in compliance with the terms and provisions of Section 9 of the Indenture), the Indemnitor shall no longer be affiliated with any entity which has any interest in the Mortgaged Property, Indemnitor may offer a substitute indemnitor to assume any obligations of Indemnitor hereunder arising after the date of the Transfer in accordance with the terms of the Indenture, upon which assumption and the satisfaction of all of the conditions contained in the Indenture, the Indemnitor shall be released as to any obligations arising after such assumption to the extent specified in the Indenture.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following eventsfollowing, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the NoteLoans (or any portion thereof), the Loan AgreementAgreements, the Notes, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoans; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoans; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the LoanLoans, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each Payor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor such Payor under this the Payment Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor such Payor or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or this Amendment or extension or renewal of the NoteLoan Documents and this Amendment; (iib) any sale, sale or assignment or foreclosure of the Note, Borrower’s rights under the Loan Agreement, the Security Instrument Documents or any of the other Loan Documents this Amendment or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Partythe Borrower, including, without limitation, the withdrawal or removal of Guarantor either Payor from any current or future position of ownership, management or control of Borrower or either Borrower Partythe Borrower; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor either Payor herein or by the Borrower in any of the Loan DocumentsDocuments or this Amendment; (ve) the release of the Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents or this Amendment by operation of law, the Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ixf) the taking or failure to take any action of any type whatsoever; (g) any existing or future offset, claim or defense of the Borrower or any other party against the Lender or against payment of the Payment Obligations, whether such offset, claim or defense arises in connection with the Payment Obligations, the transactions creating the Payment Obligations or otherwise; (h) any renewal, increase, modification, alteration or rearrangement of all or any part of the Payment Obligations or the Loan Documents or this Amendment between the Lender and the Borrower or any other parties pertaining to the Payment Obligations or any failure of the Lender to notify either Payor of any such action; (i) any adjustment, indulgence, forbearance or compromise that might be granted or given by the Lender to the Borrower or either Payor; or (j) the insolvency, bankruptcy, arrangement, adjustment, composition, liquidation, disability, dissolution or lack of power of the Borrower, either Payor or any other party at any time liable for the payment or performance of all or part of the Payment Obligations; or any dissolution of the Borrower or either Payor, or any sale, lease or transfer of any or all of the assets of the Borrower or either Payor. No such action which that the Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loanthis Amendment, nor any course of dealing with the Borrower or any other personPerson, shall limit, impair or release Guarantor’s the Payors’ obligations hereunder, affect this the Payment Agreement in any way or afford Guarantor the Payors any recourse against the Lender. Nothing contained in this Section shall be construed to require the Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following eventsfollowing, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the NoteLoan (or any portion thereof), the Loan Agreement, the Note, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or LenderXxxxxx’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by Lender or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteNotes, the Loan Agreement, the Security Instrument Mortgages or any of the other Loan Documents or any sale or transfer of any property secured by any of the PropertyMortgages; (iii) any change in the composition of Borrower or either Borrower PartyBorrowers, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrowers; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower Borrowers in any of the Loan Documents; (v) the release of Borrower Borrowers or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoans; (vii) Lender’s failure to record the Security Instrument Mortgages or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoans; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the LoanLoans, nor any course of dealing with Borrower Borrowers or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by Lender or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteNotes, the Loan Agreement, the Security Instrument Mortgages or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgages or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Guarantors hereby consents consent and agrees agree that Lender Administrative Agent may at any time and from time to time without further consent from Guarantor do Guarantors do, any of the following events, and the liability of Guarantor Guarantors under this Agreement shall be unconditional and absolute and Guaranty shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Guarantors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteLoan (or any portion thereof), the Loan Credit Agreement, the Security Instrument Notes or any of the other Loan Documents or any sale or transfer of the Pool Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Guarantors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Guarantors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Administrative Agent’s or any Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) LenderAdministrative Agent’s failure to record the Security Instrument a mortgage and/or deed of trust or to file any financing statement (or LenderAdministrative Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Guarantor hereunder (other than the taking or failure to take any action defense of any type whatsoeverpayment). No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Guarantors’ obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor Guarantors any recourse against Administrative Agent or any Lender. Nothing contained in this Section shall be construed to require Administrative Agent or any Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in Exhibit 10.9 any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following eventsfollowing, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the NoteLoan (or any portion thereof), the Loan Agreement, the Note, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by Lender or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition ownership of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or in the Mortgage or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the PropertySubject Interests; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Guarantors hereby consents consent and agrees agree that Lender Administrative Agent may at any time and from time to time without further consent from Guarantor do Guarantors do, any of the following events, and the liability of Guarantor Guarantors under this Agreement shall be unconditional and absolute and Guaranty shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Guarantors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteLoan (or any portion thereof), the Loan Credit Agreement, the Security Instrument Notes or any of the other Loan Documents or any sale or transfer of the Unencumbered Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Guarantors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Guarantors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Administrative Agent’s or any Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) LenderAdministrative Agent’s failure to record the Security Instrument a mortgage and/or deed of trust or to file any financing statement (or LenderAdministrative Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Guarantor hereunder (other than the taking or failure to take any action defense of any type whatsoeverpayment). No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Guarantors’ obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor Guarantors any recourse against Administrative Agent or any Lender. Nothing contained in this Section shall be construed to require Administrative Agent or any Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndenmitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender each Beneficiary may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents Agreement or extension or renewal of the Noteother Loan Documents; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the PropertyPremises; (iii) any change in the composition of Borrower Indemnitor or either Borrower Partyany affiliate thereof, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Agreement or the other Loan Documents; (v) the release of Borrower or of any other person or entity Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Agreement or the other Loan Documents by operation of law, Lender’s the Beneficiaries’ voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Agreement or the other Loan Documents; or (ixvii) the taking or failure to take any action of any type whatsoever. No such action which Lender any Beneficiary shall take or fail to take in connection with the Loan Documents or any collateral for Agreement and the Loanother Loan Documents, nor any course of dealing with Borrower Indemnitor or any other personPerson, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lenderthe Beneficiaries. Nothing contained in this Section Paragraph shall be construed to require Lender the Beneficiaries to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender Administrative Agent may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note, or adjustment, indulgence, forbearance or compromise that might be granted or given by Administrative Agent to Borrower or any Guarantor; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, LenderAdministrative Agent’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) LenderAdministrative Agent’s failure to record the Security Instrument or to file any financing statement (or LenderAdministrative Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan, or the fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the Obligations, or any part thereof, shall prove to be unenforceable or subordinate to any other security interest or lien; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender Administrative Agent shall take or fail to take in connection with the Loan Documents or any collateral Collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement in any way or afford Guarantor any recourse against LenderAdministrative Agent. Nothing contained in this Section shall be construed to require Lender Administrative Agent to take or refrain from taking any action referred to herein. Administrative Agent and/or any Lender shall have no recourse against, nor shall there be any personal liability to, the members of Guarantor, or to any shareholders, members, partners, beneficial interest holders or any other entity or person in the ownership (directly or indirectly) of Guarantor with respect to the obligations of Borrower or Guarantor under the Loan. For purposes of clarification, in no event shall the above language limit, reduce or otherwise affect Borrower’s liability or obligations under the Loan Documents, Guarantor’s liability or obligations under this Agreement, or Lender’s right to exercise any rights or remedies against any collateral securing the Loan.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender Beneficiary may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors, or any of them, or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or any extension or renewal of the NoteCredit Agreement or the Notes; (ii) any sale, assignment or foreclosure of the Note, the Loan Credit Agreement, the Security Instrument Notes, the Mortgages or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors, or any of them, herein or by Borrower in any of the Loan Documents; (v) the release of Borrower any Indemnitor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, LenderBeneficiary’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loanobligations under the Credit Agreement; (vii) Lender’s any failure to record the Security Instrument Mortgages or to file any financing statement (or Lender’s any improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loanobligations under the Credit Agreement; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender Beneficiary shall take or fail to take in connection with the Loan Documents or any collateral for which secures the Loanobligations of the Indemnitors under the Loan Documents, nor any course of or dealing with Borrower Indemnitors or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against LenderBeneficiary. Nothing contained in this Section shall be construed to require Lender Beneficiary to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that -------------------------- Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Security Property; (iii) any change in the composition of Borrower New Borrower, Parent or either Borrower PartyTenant, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower Borrower, Tenant or either Borrower PartyParent; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by New Borrower or Tenant in any of the Loan DocumentsDocuments or the Assumption Agreement; (v) the release of New Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release of Tenant or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in the Lease by operation of law or otherwise; (vii) the release, substitution or subordination in whole or in part of any security for the Loan; (viiviii) Lender’s 's failure to record the Security Instrument Assumption Agreement or to file any financing statement (or Lender’s 's improper recording or filing thereofof the Deed of Trust) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiiix) the modification of the terms of any one or more of the Loan Documents; or (ixx) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, the Lease, nor any course of or dealing with Borrower New Borrower, Tenant, Parent, or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor The Indemnitor hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitor do, permit or cause any of the following events, and the liability of Guarantor the Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitor, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteLoan; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitor; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitor herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower the Indemnitor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties' voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) Lender’s the Bank's failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s the Bank's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitor or any other person, shall limit, impair or release Guarantor’s the Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor the Indemnitor any recourse against Lenderthe Indemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each Indemnitor hereby consents and agrees that Lender Indemnified Parties may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower any Indemnitor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s Indemnified Parties’ voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower Indemnitors or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Indemnified Parties, Nothing contained in this Section Paragraph shall be construed to require Lender Indemnified Parties to take or refrain from taking any action referred to herein. The foregoing shall not release Indemnified Parties from their gross negligence or willful misconduct.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyAssumptor, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyAssumptor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower Assumptor in any of the Loan Documents; (v) the release of Borrower Assumptor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien Hen or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower Assumptor or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section Paragraph shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees -------------------------- that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the PropertyProperty (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Security Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect effect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.referred

No Limitation on Liability. Guarantor Each Indemnitor hereby consents and agrees that Lender Agent and, to the extent applicable, the Lenders may at any time and from time to time without further consent from Guarantor such Indemnitor do any of the following events, and the liability of Guarantor such Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor such Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of any or all of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteAgent's and Lenders' rights under the Assignments of Leases (or any of them), any sale or assignment of any of the Loan Agreement, the Security Instrument Notes or any of the other Loan Documents or any sale or transfer of any property of the PropertyBorrower or any Guarantor; (iii) any change in the composition of Borrower Borrower, any Guarantor or either Borrower Partyany other Indemnitor, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower Borrower, any such Guarantor or either Borrower Partyany such Indmenitor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor either Indemnitor herein or by Borrower or any Guarantor in any of the Loan Documents; (v) the release of Borrower Borrower, any Guarantor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s Agent's or the Lenders' voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoans; (vii) Lender’s the Agent's failure to record the Security Instrument Assignments of Leases or to file any financing statement (or Lender’s the Agent's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoans; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender the Agent or the Lenders shall take or fail to take in connection with the Loan Documents or any collateral for the LoanLoans, nor any course of dealing with Borrower Borrower, any Guarantor or any other person, shall limit, impair or release Guarantor’s any Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor any Indemnitor any recourse against Lenderthe Agent or any of the Lenders. Nothing contained in this Section shall be construed to require the Agent or any Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree -------------------------- that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property, (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the any Note, any of the Loan Agreement, the Security Instrument Pledge Agreement or any of the other Loan Documents or any sale or transfer of any of the PropertyCollateral; (iii) any change in the composition of Borrower or either Borrower Partyany Individual Borrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower Partyany Individual Borrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower (or any Individual Borrower) in any of the Loan Documents; (v) the release of any Individual Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with any Individual Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender Holder may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s Holder's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s Holder's failure to record the Security Instrument or to file any financing statement (or Lender’s Holder's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender Holder shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against LenderHolder. Nothing contained in this Section Paragraph shall be construed to require Lender Holder to take or refrain from taking any action referred to herein.

No Limitation on Liability. The Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from the Guarantor do or consent to any of the following events, and the liability of the Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to the Guarantor or with or without consideration: (i) any grant extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteAgreement; (ii) sell, assign or transfer in any sale, assignment manner any B Notes or foreclosure any security for the payment of the Note, aggregate outstanding principal amount of each B Note Advance or performance of Borrower's other obligations under the Loan Agreement, the Security Instrument Agreement or any of the other Loan Documents or any sale or transfer of the Propertydocument executed in connection therewith; (iii) any a change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of the Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or waiver of any inaccuracy of the representations and warranties made by the Guarantor herein or by Borrower in the Agreement or any of the Loan Documentsdocument executed in connection therewith; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in the Agreement or any of the Loan Documents document executed in connection therewith by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution substitute in whole or in part of any security for the Loanpayment of the aggregate outstanding principal amount of each B Note Advance or the other obligations of Borrower under the Agreement or any other document executed in connection therewith; (vii) Lender’s 's failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loanpayment of the aggregate outstanding principal amount of each B Note Advance or the other obligations of Borrower under the Agreement or any other documents executed in connection therewith; (viii) the modification of modify the terms of the Agreement or any one or more of the Loan Documentsdocument executed in connection therewith; or (ix) the taking take or failure fail to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents Agreement or any document executed in connection therewith or any collateral for the Loanrepayment of the aggregate outstanding principal amount of each B Note Advance, nor any course of or dealing with Borrower or any other person, shall limit, impair or release the Guarantor’s 's obligations hereunder, affect this Agreement Guaranty in any way or afford the Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may -------------------------- HR may, at any time and from time to time without further consent from Guarantor Indemnitor, do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the HR Loan Documents or extension or renewal of the NoteDocuments; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other HR Loan Documents or any sale or transfer of the Leased Property; (iii) any change in the composition of Borrower SELCO, Lessor, or either Borrower PartyLessee, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyLessee; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower SELCO, Lessor, or Lessee in any of the HR Loan DocumentsDocuments or the Lease; (v) the release of Borrower SELCO, Lessor, or Lessee or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the HR Loan Documents or the Lease by operation of law, Lender’s HR's voluntary act or otherwise; (vi) the release release, substitution or substitution subordination in whole or in part of any security for the HR Loan; (vii) Lender’s HR's failure to record the Security Instrument or to file any financing statement (or Lender’s HR's improper recording or filing thereoffiling) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanHR Loan or the Lease; (viii) the modification of the terms of any one or more of the HR Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender HR shall take or fail to take in connection with the HR Loan Documents or the Lease, or any collateral for the HR Loan, the Lease, nor any course of or dealing with Borrower SELCO, Lessor, Lessee, or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against LenderHR. Nothing contained in this Section shall be construed to require Lender HR to take or refrain from taking any action referred to herein.

No Limitation on Liability. The Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from the Guarantor do any of the following events, and the liability of the Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to the Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by Lender or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Propertyproperty referenced in such Loan Documents; (iii) any change in the composition of Borrower or either Borrower Partyany Borrower, including, without limitation, the withdrawal or removal of the Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower Partysuch Borrower; (iv) the accuracy or inaccuracy of the representations and warranties made by the Guarantor herein or by Borrower the Borrowers in any of the Loan Documents; (v) the release of any Borrower or of any other person or entity from performance or observance obseivance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for any of the Loan; (vii) Lender’s 's failure to record any of the Security Instrument Mortgages or to file any financing statement (or Lender’s 's improper recording or filing thereof) thereof or to otherwise perfect, protect, secure or insure 7 any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with any of the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower the Borrowers or any other person, shall limit, impair or release the Guarantor’s 's obligations hereunder, affect this Agreement Guaranty in any way or afford the Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following eventsfollowing, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following eventsfollowing, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan DocumentsBorrower; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in provisions of any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to properly record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loaninaction, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each of the Indemnitors hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitors do, permit or cause any of the following events, and the liability of Guarantor the Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitors, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, any of the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitors herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower any of the Indemnitors or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties’ voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) the Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or the Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitors or any other person, shall limit, impair or release Guarantor’s the Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor the Borrower any recourse against Lenderthe Indemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnities from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms teens of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnities any recourse against Lender, except for such actions which arise from the gross negligence or willful misconduct of Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower’s obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the PropertyProperty (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Mortgage); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Borrower hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do Borrower take any of the following eventsactions, and the liability of Guarantor Borrower under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Borrower or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Borrower herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release GuarantorBorrower’s obligations hereunder, affect effect this Agreement in any way or afford Guarantor Borrower any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender Administrative Agent may at any time and from time to time without further consent from Guarantor do do, permit or cause any of the following events, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteLoan (or any portion thereof), the Loan Agreement, the Notes, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Administrative Agent’s or any Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) LenderAdministrative Agent’s failure to record the Security Instrument or to file any financing statement (or LenderAdministrative Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Administrative Agent or any Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Administrative Agent or any Lender. Nothing contained in this Section shall be construed to require Administrative Agent or any Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender the -------------------------- Beneficiaries may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement Guaranty shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by any Beneficiary or extension or renewal of the any Note; (ii) any sale, assignment or foreclosure of the any Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Trust Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person Person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s any Beneficiary's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s the failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s the improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification by the Beneficiaries and Borrower of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender any Beneficiary shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other personPerson, shall limit, impair or release Guarantor’s 's obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor any recourse against Lenderany Beneficiary. Nothing contained in this Section shall be construed to require Lender any Beneficiary to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower’s obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property, (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Mortgage); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree -------------------------- that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower New Borrower, Parent or either Borrower PartyTenant, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower New Borrower, Tenant or either Borrower PartyParent; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by New Borrower or Tenant in any of the Loan DocumentsDocuments or the Assumption Agreement; (v) the release of New Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release of Tenant or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in the Lease by operation of law or otherwise; (vii) the release, substitution or subordination in whole or in part of any security for the Loan; (viiviii) Lender’s 's failure to record the Security Instrument Assumption Agreement or to file any financing statement (or Lender’s 's improper recording or filing thereofof the Deed of Trust) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiiix) the modification of the terms of any one or more of the Loan Documents; or (ixx) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, the Lease, nor any course of or dealing with Borrower New Borrower, Tenant, Parent, or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Each of the Indemnitors hereby consents and agrees that Lender the Indemnified Parties may at any time and from time to time without further consent from Guarantor do the Indemnitors do, permit or cause any of the following events, and the liability of Guarantor the Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by the occurrence of any of the following events, whether occurring with or without notice to Guarantor the Indemnitors, or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iiic) any change in the composition of Borrower or either Borrower Party, including, without limitation, any of the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitors; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor the Indemnitors herein or by Borrower in any of the Loan Documents; (ve) the release of Borrower any of the lndemnitors or of any other person or entity from performance or observance of any of the agreements, covenants, terms xxxxx or conditions contained in any of the Loan Documents by operation of law, Lender’s the Indemnified Parties’ voluntary act or otherwise; (vif) the release or substitution in whole or in part of any security for the Loan; (viig) the Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or the Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiih) the modification of the terms of any one or more of the Loan Documents; or (ixi) the taking or failure to take any action of any type whatsoever. No such action which Lender the Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower the Indemnitors or any other person, shall limit, impair or release Guarantor’s the Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor the Borrower any recourse against Lenderthe Indemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender the Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Guarantors hereby consents consent and agrees agree that Lender Administrative Agent may at any time and from time to time without further consent from Guarantor do Guarantors do, any of the following events, and the liability of Guarantor Guarantors under this Agreement shall be unconditional and absolute and Guaranty shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Guarantors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the NoteNotes; (ii) any sale, assignment or foreclosure of the NoteLoans (or any portion thereof), the Loan Credit Agreement, the Security Instrument Notes or any of the other Loan Documents or any sale or transfer of the Pool Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Guarantors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Guarantors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Administrative Agent’s or any Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoans; (vii) LenderAdministrative Agent’s failure to record the Security Instrument a mortgage and/or deed of trust or to file any financing statement (or LenderAdministrative Agent’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoans; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Guarantor hereunder (other than the taking or failure to take any action defense of any type whatsoeverpayment). No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Guarantors’ obligations hereunder, affect this Agreement Guaranty in any way or afford Guarantor Guarantors any recourse against Administrative Agent or any Lender. Nothing contained in this Section shall be construed to require Administrative Agent or any Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and -------------------------- agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the PropertyProperty (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Security Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or EXHIBIT 10.4 to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender each Beneficiary may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents Agreement or extension or renewal of the Noteother Loan Documents; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the PropertyPremises; (iii) any change in the composition of Borrower Indemnitor or either Borrower Partyany affiliate thereof, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Agreement or the other Loan Documents; (v) the release of Borrower or of any other person or entity Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Agreement or the other Loan Documents by operation of law, Lender’s the Beneficiaries’ voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Agreement or the other Loan Documents; or (ixvii) the taking or failure to take any action of any type whatsoever. No such action which Lender any Beneficiary shall take or fail to take in connection with the Loan Documents or any collateral for Agreement and the Loanother Loan Documents, nor any course of dealing with Borrower Indemnitor or any other personPerson, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.the

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.. (i)

No Limitation on Liability. Guarantor Each Indemnitor hereby consents and agrees that Lender Indemnified Parties may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, except as otherwise provided in this Agreement, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyIndemnitor; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower any Indemnitor or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act law or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoans; (vii) Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoans; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No Unless the act or failure to act is found to be gross negligence or willful misconduct on the part of such Indemnified Party, no such action which Lender Indemnified Parties shall take or fail to take in connection with the Loan Documents or any collateral for the LoanLoans, nor any course of dealing with Borrower Indemnitors or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Borrower any recourse against LenderIndemnified Parties. Nothing contained in this Section Paragraph shall be construed to require Lender Indemnified Parties to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or or-conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors’ obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section Paragraph shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoeverwhatsoever required under the Loan Documents. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.. -

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the any Note, the Loan Agreement, any of the Security Instrument Instruments or any of the other Loan Documents or any sale or transfer of any of the Property; (iii) any change in the composition of Borrower or either Borrower Partyany Individual Borrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower Partyany Individual Borrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower (or any Individual Borrower) in any of the Loan Documents; (v) the release of any Individual Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Instruments or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with any Individual Borrower or any other person, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor The Indemnifying Party hereby consents and agrees that Lender the Indemnified Party may at any time and from time to time without further consent from Guarantor the Indemnifying Party do any of the following events, and the liability of Guarantor the Indemnifying Party under this Agreement Article 9 shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor the Indemnifying Party or with or without consideration: (ia) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Notethis Agreement; (iib) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Propertyany asset, or any portion of any asset, of Purchaser; (iiic) any change in the composition of Borrower or either Borrower PartyPurchaser, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management management, or control of Borrower or either Borrower PartyPurchaser; (ivd) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan DocumentsIndemnifying Party herein; (ve) the release of Borrower the Indemnifying Party or of any other person Person or entity from performance or observance of any of the agreements, covenants, terms terms, or conditions contained in any of the Loan Documents this Agreement by operation of law, Lender’s the Indemnified Party's voluntary act act, or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viiif) the modification of the terms of any one or more of the Loan Documentsthis Agreement; or (ixg) the taking or failure to take any action of any type whatsoever. No such action which Lender that the Indemnified Party shall take or fail to take in connection with the Loan Documents or any collateral for the Loanthis Agreement, nor any course of dealing with Borrower the Indemnifying Party or any other personPerson, shall limit, impair impair, or release Guarantor’s the Indemnifying Party's obligations hereunder, affect the provisions of this Agreement Article 9 in any way way, or afford Guarantor the Indemnifying Party any recourse against Lenderthe Indemnified Party. Nothing contained in this Section 9.11 shall be construed to require Lender the Indemnified Party to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following follower: events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, laws Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s improper recording or filing thereof) thereof or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; ’, or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitors hereby consents consent and agrees agree that -------------------------- Lender may at any time and from time to time without further consent from Guarantor Indemnitors do any of the following events, and the liability of Guarantor Indemnitors under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitors or with or without considerationconsideration unless the same shall have the effect of satisfying Borrower's obligations under the Loan Documents: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Property, (but subject to the provisions of Section 1.5(d)(C)(5) of the Note and Section 1.13(b)(10) of the Deed of Trust); (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitors from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitors herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; or (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Indemnitors' obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitors any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Borrower hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor Borrower under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Borrower or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by Secured Party or extension or renewal of the Note, any of the other JMB 245 Notes, any of the other Obligations; (ii) any sale, assignment or foreclosure of either or both of the Note, any of the Loan Agreement, the Security Instrument other JMB 245 Notes or any of the other Loan Documents or other loan documents relating to the JMB 245 Notes or any sale or transfer of the PropertyCollateral; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Borrower herein or by Borrower in any of the Loan DocumentsDocuments or any other loan documents relating to any of the other JMB 245 Notes; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents or any of the other loan documents relating to any of the other JMB 245 Notes by operation of law, Lender’s Secured Party's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the LoanLoan or any of the other Obligations; (vii) Lender’s Secured Party's failure to record the Security Instrument any deed of trust or to file any financing statement (or Lender’s Secured Party's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the LoanLoan or any of the other Obligations; (viii) the modification of the terms of any one or more of the Loan DocumentsDocuments or any of the other loan documents relating to any of the other JMB 245 Notes; or (ix) the taking of or failure to take any action of any type whatsoever. No such action which Lender Secured Party shall take or fail to take in connection with the Loan Documents Documents, any of the other loan documents relating to any of the other JMB 245 Notes, or any collateral for the LoanLoan or any other Obligation, nor any course of dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Borrower's obligations hereunder, affect this Agreement in any way or afford Guarantor Borrower any recourse against LenderSecured Party. Nothing contained in this Section shall be construed to require Lender Secured Party to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor Indemnitor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument Mortgage or any of the other Loan Documents or any sale or transfer of the Mortgaged Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity Person from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument Mortgage or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other personPerson, shall limit, impair or release Guarantor’s Indemnitor's obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and that the liability of Guarantor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; , (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; , (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower Party; Borrower, (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor herein or by Borrower in any of the Loan Documents; , (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; , (vi) the release or substitution in whole or in part of any security for the Loan; , (vii) Lender’s 's failure to record the Security Instrument or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; , (viii) the modification of the terms of any one or more of the Loan Documents; , or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other personperson or entity, shall limit, impair or release Guarantor’s obligations hereunder, affect this Agreement in any way or afford Guarantor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Principal hereby consents and agrees that Lender the -------------------------- Indemnified Parties may at any time and from time to time without further consent from Guarantor Principal do any of the following events, and the liability of Guarantor Principal under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Principal or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or otherwise granted by any Indemnified Party or extension or renewal of the any Note; (ii) any sale, assignment or foreclosure of the any Note, the Loan Agreement, the Security Instrument Deed of Trust or any of the other Loan Documents or any sale or transfer of the Trust Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Principal from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Principal herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person Person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s any Indemnified Party's voluntary act or otherwise; (vi) subject to the provisions of section 1(c) hereof, the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s the failure to record the Security Instrument Deed of Trust or to file any financing statement (or Lender’s the improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender any Indemnified Party shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other personPerson, shall limit, impair or release Guarantor’s Principal's obligations hereunder, affect this Agreement in any way or afford Guarantor Principal any recourse against Lenderany Indemnified Party. Nothing contained in this Section shall be construed to require Lender any Indemnified Party to take or refrain from taking any action referred to herein.

No Limitation on Liability. Guarantor Indemnitor hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do any of the following events, and the liability of Guarantor Indemnitor under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Indemnitor or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; 9 Exhibit 10.8 (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower PartyBorrower, including, without limitation, the withdrawal or removal of Guarantor Indemnitor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Indemnitor herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s failure to record the Security Instrument or to file any financing statement (or Lender’s improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of dealing with Borrower or any other person, shall limit, impair or release GuarantorIndemnitor’s obligations hereunder, affect this Agreement in any way or afford Guarantor Indemnitor any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.. (i)

No Limitation on Liability. Guarantor Borrower hereby consents and agrees that Lender may at any time and from time to time without further consent from Guarantor do Borrower take any of the following eventsactions, and the liability of Guarantor Borrower under this Agreement shall be unconditional and absolute and shall in no way be impaired or limited by any of the following events, whether occurring with or without notice to Guarantor Borrower or with or without consideration: (i) any extensions of time for performance required by any of the Loan Documents or extension or renewal of the Note; (ii) any sale, assignment or foreclosure of the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents or any sale or transfer of the Property; (iii) any change in the composition of Borrower or either Borrower Party, including, without limitation, the withdrawal or removal of Guarantor from any current or future position of ownership, management or control of Borrower or either Borrower PartyBorrower; (iv) the accuracy or inaccuracy of the representations and warranties made by Guarantor Borrower herein or by Borrower in any of the Loan Documents; (v) the release of Borrower or of any other person or entity from performance or observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, Lender’s 's voluntary act or otherwise; (vi) the release or substitution in whole or in part of any security for the Loan; (vii) Lender’s 's failure to record the Security Instrument or to file any financing statement (or Lender’s 's improper recording or filing thereof) or to otherwise perfect, protect, secure or insure any lien or security interest given as security for the Loan; (viii) the modification of the terms of any one or more of the Loan Documents; or (ix) the taking or failure to take any action of any type whatsoever. No such action which Lender shall take or fail to take in connection with the Loan Documents or any collateral for the Loan, nor any course of or dealing with Borrower or any other person, shall limit, impair or release Guarantor’s Borrower's obligations hereunder, affect effect this Agreement in any way or afford Guarantor Borrower any recourse against Lender. Nothing contained in this Section shall be construed to require Lender to take or refrain from taking any action referred to herein.