Common use of Limitations on Exculpation Clause in Contracts

Limitations on Exculpation. (i) The exculpation provided for in Article F of this Commitment shall not: (A) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note or the Security Instrument; (B) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under the Security Instrument; (C) affect the validity or enforceability of any indemnity, guaranty, master Lease or similar instrument made in connection with the Note or the Security Instrument, including without limitation, the Environmental Indemnity Agreement; (D) impair the right of Lender to obtain the appointment of a receiver; (E) impair the enforcement of the Assignment of Leases and Rents; or (F) impair the right of Lender to enforce Borr▇▇▇▇'▇ ▇bligations and liabilities under certain indemnities relating to (1) certain taxes relating to the making and/or recording of the Security Instrument or the Note, (2) the Employee Retirement Income Security Act of 1974, as amended("ERISA") or (3) certain asbestos, toxic waste or other hazardous substances affecting the Property, including without limitation, the Environmental Indemnity Agreement. (ii) Notwithstanding the provisions of this Subsection (i) to the contrary, Borrower shall be personally liable to Lender for the losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of this Note, the Security Instrument or the Other Security Documents or any documents or certificate now or at any time during the term of the Loan evidenced by the Note;

Limitations on Exculpation. (i) The exculpation provided for in Article F of this Commitment shall not: (A) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note or the Security Instrument; (B) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under the Security Instrument; (C) affect the validity or enforceability of any indemnity, guaranty, master Lease or similar instrument made in connection with the Note or the Security Instrument, including without limitation, the Environmental Indemnity Agreement; (D) impair the right of Lender to obtain the appointment of a receiver; (E) impair the enforcement of the Assignment of Leases and Rents; or (F) impair the right of Lender to enforce Borr▇▇▇▇'▇ ▇bligations Borrower's obligations and liabilities under certain indemnities relating to (1) certain taxes relating to the making and/or recording of the Security Instrument or the Note, (2) the Employee Retirement Income Security Act of 1974, as amended("ERISAamended ("ERISA") or (3) certain asbestos, toxic waste or other hazardous substances affecting the Property, including without limitation, the Environmental Indemnity Agreement. (ii) Notwithstanding the provisions of this Subsection (i) to the contrary, Borrower shall be personally liable to Lender for the losses it incurs due to: (i) fraud or intentional misrepresentation by Borrower or any other person or entity in connection with the execution and the delivery of this Note, the Security Instrument or the Other Security Documents or any documents or certificate now or at any time during the term of the Loan evidenced by the Note;