Common use of Extent of Liability Clause in Contracts

Extent of Liability. The liability of Guarantor hereunder shall not exceed the sum of Four Million Dollars ($4,000,000), plus any attorneys' fees, costs and expenses as provided in Paragraph 9 of this Guaranty. The liability of Guarantor under this agreement is exclusive and independent of any security for or other guarantee of the indebtedness of Sponsor, whether executed by Guarantor or any other party, and the liability of Guarantor under this Guaranty is not affected or impaired by any of the following: (a) Any Guaranteed Obligation exceeding Guarantor' liability; (b) Any direction of application by Sponsor or any other party; (c) Any other continuing or other guaranty, undertaking of Guarantor or of any other party as to the Guaranteed Obligation; (d) Any payment on or in reduction of any other guaranty or undertaking; (e) Any notice of termination of this Guaranty as to future transactions given by, or the death or termination of, or the revocation or release of any obligations under this Guaranty of, any other of the Guarantor; (f) Any dissolution, termination or increase, decrease or changes of personnel of any of the Guarantor; or (g) Any payment made to the Sponsor on the Guaranteed Obligation that Design-Builder repays to Sponsor pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding. Guarantor waives any right to the deferral or modification of Guarantor's obligations by virtue of any such proceeding.

Extent of Liability. The joint and several liability of Guarantor hereunder shall Guarantors is for the amounts set forth in Paragraph 14 of the Novation Agreement, which is the principal sum. The foregoing limitation, does not exceed the sum of Four Million Dollars ($4,000,000)include interest, plus any attorneys' fees, costs costs, and expenses as provided in Paragraph 9 of this Guaranty. This Guaranty may be terminated with regard to future transactions provided Guarantors give written notice of termination to Obligee. Notice shall be deemed effective as of noon of the next succeeding business day following receipt of notice by Obligee. No such notice shall release Guarantors, whether or not giving such notice, from any liability as to any indebtedness guaranteed hereunder that may be owing to or held by Obligee or in which Obligee may have an interest or for which Obligee may be obligated at the time of receiving notice, and all extensions or renewals thereto. The liability of Guarantor Guarantors under this agreement is exclusive and independent of any security for or other guarantee of the indebtedness of SponsorObligors, whether executed by Guarantor Guarantors or any other party, and the liability of Guarantor Guarantors under this Guaranty is not affected or impaired by any of the following: (a) Any Guaranteed Obligation any indebtedness exceeding Guarantor' 's liability; (b) Any any direction of application by Sponsor Obligors or any other party; (c) Any any other continuing or other guaranty, undertaking undertaking, or maximum liability of Guarantor Guarantors or of any other party as to the Guaranteed Obligationindebtedness of Obligors; (d) Any any payment on or in reduction of any other guaranty or undertaking; (e) Any any notice of termination of this Guaranty agreement as to future transactions given by, or the death or termination of, or the revocation or release of any obligations under this Guaranty agreement of, any other of the GuarantorGuarantors; or (f) Any dissolution, termination or increase, decrease or changes of personnel of any of the Guarantor; or (g) Any payment made to the Sponsor Obligee on the Guaranteed Obligation indebtedness that Design-Builder Obligee repays to Sponsor Obligors pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium moratorium, or other debtor relief proceeding. Guarantor waives ; Guarantors waive any right to the deferral or modification of Guarantor's obligations hereunder by virtue of any such proceeding.

Extent of Liability. The joint and several liability of Guarantor hereunder shall Guarantors is for the amounts set forth in Paragraph 14 of the Novation Agreement, which is the principal sum. The foregoing limitation, does not exceed the sum of Four Million Dollars ($4,000,000)include interest, plus any attorneys' fees, costs costs, and expenses as provided in Paragraph 9 of this Guaranty. This Guaranty may be terminated with regard to future transactions provided Guarantors give written notice of termination to Obligee. Notice shall be deemed effective as of noon of the next succeeding business day following receipt of notice by Obligee. No such notice shall release Guarantors, whether or not giving such notice, from any liability as to any indebtedness guaranteed hereunder that may be owing to or held by Obligee or in which Obligee may have an interest or for which Obligee may be obligated at the time of receiving notice, and all extensions or renewals thereto. The liability of Guarantor Guarantors under this agreement is exclusive and independent of any security for or other guarantee of the indebtedness of SponsorObligors, whether executed by Guarantor Guarantors or any other party, and the liability of Guarantor Guarantors under this Guaranty is not affected or impaired by any of the following: (a) Any Guaranteed Obligation any indebtedness exceeding Guarantor' 's liability; (b) Any any direction of application by Sponsor Obligors or any other party; (c) Any any other continuing or other guaranty, undertaking undertaking, or maximum liability of Guarantor Guarantors or of any other party as to the Guaranteed Obligationindebtedness of Obligors; (d) Any any payment on or in reduction of any other guaranty or undertaking; (e) Any any notice of termination of this Guaranty agreement as to future transactions given by, or the death or termination of, or the revocation or release of any obligations under this Guaranty agreement of, any other of the GuarantorGuarantors; or (f) Any dissolution, termination or increase, decrease or changes of personnel of any of the Guarantor; or (g) Any payment made to the Sponsor Obligee on the Guaranteed Obligation indebtedness that Design-Builder Obligee repays to Sponsor Obligors pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium moratorium, or other debtor relief proceeding. Guarantor waives ; Guarantors waive any right to the deferral or modification of Guarantor's obligations hereunder by virtue of any such proceeding.. S1_EX-65<PAGE>

Extent of Liability. The liability of Guarantor hereunder shall not exceed at any one time the sum of Four Two Million Five Hundred Thousand Dollars ($4,000,000)2,500,000.00) for principal, plus together with all interest on the indebtedness or any part not exceeding the foregoing limitation, and attorneys' fees, costs costs, and expenses as provided in Paragraph 9 of this GuarantyAgreement. This guarantee may be terminated with regard to future transactions provided Guarantor gives written notice of termination to Obligees. Notice shall be deemed effective as of noon of the next succeeding business day following receipt of notice by Obligees. No such notice shall release Guarantor from any liability as to any guaranteed indebtedness that may be owing to or held by Obligees or in which Obligees may have an interest or for which Obligees may be obligated at the time of receiving notice, and all extensions or renewals. The liability of Guarantor under this agreement Agreement is exclusive and independent of any security for or other guarantee of the indebtedness of SponsorObligor, whether executed by Guarantor or any other party, and the liability of Guarantor under this Guaranty Agreement is not affected or impaired by any of the following: (a) Any Guaranteed Obligation any indebtedness exceeding Guarantor' 's liability; (b) Any any direction of application by Sponsor Obligor or any other party; (c) Any any other continuing or other guaranty, undertaking undertaking, or maximum liability of Guarantor or of any other party as to the Guaranteed Obligationindebtedness of Obligor; (d) Any any payment on or in reduction of any other guaranty or undertaking; (e) Any any notice of termination of this Guaranty Agreement as to future transactions given by, or the death or termination of, or the revocation or release of any obligations under this Guaranty of, any other Agreement of the Guarantor; (f) Any any dissolution, termination termination, or increase, decrease decrease, or changes of personnel of any of the Guarantor; or (g) Any any payment made to the Sponsor Obligees on the Guaranteed Obligation indebtedness that Design-Builder repays Obligees repay to Sponsor Obligor pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium moratorium, or other debtor relief proceeding. ; Guarantor waives any right to the deferral or modification of Guarantor's obligations by virtue of any such proceeding.

Extent of Liability. The joint and several liability of Guarantor hereunder shall Guarantors is for the amounts set forth in Paragraph 14 of the Novation Agreement, which is the principal sum. The foregoing limitation, does not exceed the sum of Four Million Dollars ($4,000,000)include interest, plus any attorneys' fees, costs costs, and expenses as provided in Paragraph 9 of this Guaranty. This Guaranty may be terminated with regard to future transactions provided Guarantors give written notice of termination to Obligee. Notice shall be deemed effective as of noon of the next succeeding business day following receipt of notice by Obligee. No such notice shall release Guarantors, whether or not giving such notice, from any liability as to any indebtedness guaranteed hereunder that may be owing to or held by Obligee or in which Obligee may have an interest or for which Obligee may be obligated at the time of receiving notice, and all extensions or renewals thereto. The liability of Guarantor Guarantors under this agreement is exclusive and independent of any security for or other guarantee of the indebtedness of SponsorObligors, whether executed by Guarantor Guarantors or any other party, and the liability of Guarantor Guarantors under this Guaranty is not affected or impaired by any of the following: (a) Any Guaranteed Obligation any indebtedness exceeding Guarantor' 's liability; (b) Any any direction of application by Sponsor Obligors or any other party; (c) Any any other continuing or other guaranty, undertaking undertaking, or maximum liability of Guarantor Guarantors or of any other party as to the Guaranteed Obligationindebtedness of Obligors; (d) Any any payment on or in reduction of any other guaranty or undertaking; (e) Any any notice of termination of this Guaranty agreement as to future transactions given by, or the death or termination of, or the revocation or release of any obligations under this Guaranty agreement of, any other of the GuarantorGuarantors; or (f) Any dissolution, termination or increase, decrease or changes of personnel of any of the Guarantor; or (g) Any payment made to the Sponsor Obligee on the Guaranteed Obligation indebtedness that Design-Builder Obligee repays to Sponsor Obligors pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium moratorium, or other debtor relief proceeding. Guarantor waives ; Guarantors waive any right to the deferral or modification of Guarantor's obligations hereunder by virtue of any such proceeding.. S1_EX-63<PAGE>