Common use of Recourse Liability Clause in Contracts

Recourse Liability. Borrower shall be personally liable for amounts due under the Loan Documents. Anything herein or in any other Loan Document or any certificate given in connection therewith or pursuant thereto (the Loan Documents and each such certificate, collectively, the “Relevant Documents”) to the contrary notwithstanding, the Administrative Agent and the Lenders agree that, for repayment of the Loans and the payment and performance of any and all of Borrower’s obligations under the Relevant Documents or any claim based thereon or otherwise in respect thereof, they shall look solely to the Project and the other assets of Borrower, and to such other collateral as may now or hereafter be given to secure the Loans, and no other property or assets of Borrower’s direct or indirect constituent partners, members, or the directors, officers, agents or employees of Borrower or such constituent partners or members (collectively, the “Exculpated Parties”), shall be subject to levy, execution or other enforcement procedure for the satisfaction of remedies of the Administrative Agent and/or the Lenders, or for any payment required to be made under the Relevant Documents or for the performance of any of the covenants or warranties contained in any of the Relevant Documents or for any claim based thereon or in respect thereof, nor shall any claim be brought against the Exculpated Parties; provided, however, notwithstanding anything to the contrary contained hereinabove, the foregoing provisions of this Section 13.1 shall not (i) limit the right of the Administrative Agent and/or the Lenders to name Borrower and/or the Guarantor or either of them as a party defendant in any action or suit for judicial foreclosure and sale under the Mortgage or the other Security Documents so long as no deficiency judgment shall be sought or enforced against the Exculpated Parties except as provided in clause (ii) below or (ii) affect or limit in any way the validity or enforceability of any separate guaranty or indemnification now or hereafter given for the benefit of the Administrative Agent and/or the Lenders in connection with the Loans, including the obligations of the Guarantors under the Guarantor Documents.

Recourse Liability. Borrower The Lessor warrants for the financial consequences resulting from civil responsibility that he/she may incur in his role as owner. The Lessor warrants himself or in the case of co-ownership if applicable his real estate as well as any fittings, installations of a real-estate nature. In the event that the leased premises are made up, totally or partially of co-owned lots, the lessor has the capacity to take out any more securities that he deems useful in addition to guarantees taken out by the property manager. The corresponding premiums remain the responsibility of the Lessee. The Lessee is bound to: • Insure himself for glass breakage, fire, explosions, for his furnishings, materials, goods, information, computer data, as well as for tenants’ risks and the recourse of neighbours – with a reputably solvent insurance company – which may be appointed by the Lessor. Insurance policies must include a waiver for all recourse against the owner and his/her intermediary and warn that their suspension or resolution can only have effect 15 days after notification of the Lessor’s insurers. The Lessor pledges to himself and to his insurers that he shall waiver in return, any recourse that they may have against the Lessee and his insurers. • Produce within a fortnight the relevant insurance policy and vouch for the payment of annual premiums on demand. If the activities conducted by the Lessee require extra insurance premiums for the owner, other tenants or neighbours – the Lessee shall be personally liable bound to compensate the Lessor for amounts due under the Loan Documentsamount of these extra premiums and any further consequences and to guarantee against any complaints from other tenants or third parties. Anything herein • Declare any accidents that occur on the leased premises to the Lessor, irrespective of the scale or importance of the accident and even if there no apparent damage is caused. • Remove any panels or decorations at his/her expense, as well as any installations which he/she may have installed – that once removed will facilitate the search and repair of all manner of leaks, cracks in flues, ventilation shafts and notably after fire or water seepage. • Insure for theft – the furnishings, goods and any assets even if they are intangible – which are found in the leased premises. The lessor does not provide cover in the event of theft or burglary inside the leased premises or in the communal areas, in accordance with the measures of article 1725 of the civil code. • Abstain from anything which might itself be harmful or prove harmful to those who use it, or indeed to other shops or businesses in the building or which may affect the calm and peace of the other tenants. Not to wrap or unwrap goods in the communal parts of the building. The Lessee waivers any recourse in terms of responsibility against the Lessor: • In the event that the leased premises come to be damaged or destroyed by neglect, construction faults, or any other Loan Document cause which do not reflect the wishes of the Lessor. This lease will by rights be terminated without consultation. • In the event that the Lessee falls victim to burglary, any misdemeanour or criminal act within the leased premises or other parts of the building for whatever reason. • In the event that the premises or the building come to be expropriated, any actions in this respect can only be undertaken by the Lessee or his legal claimants against the authority responsible – who the Lessee should subpoena directly. • In the event that disruption to the use of the premises by a third party, in whatever way, the Lessee shall pursue them directly without being able to blame the Lessor or his intermediary. • In the event that damp, leaks, water seepage, flooding or any certificate given in connection therewith or pursuant thereto (other cause, as well as leaks from communal pipework concealed by panelling installed by the Loan Documents and each such certificate, collectivelyLessor, the “Relevant Documents”) to Lessee must always insure himself for these risks. • In the contrary notwithstandingevent of danger no matter what the cause, the Administrative Agent Lessee must furthermore protect by his own means and at his own expense real estate fittings during the Lenders agree that, time necessary for repayment contractors to intervene and carry out repairs. • In the event of interruption of the Loans water, gas and electricity supply or failure of the payment and performance heating or lift, even this is prolonged. • In the event of any and all insufficient ventilation or lighting in the basements, if it occurs, such as in the event of Borrower’s obligations under the Relevant Documents or any claim based thereon or otherwise in respect thereof, they shall look solely to the Project and the other assets of Borrower, and to such other collateral as may now or hereafter be given to secure the Loans, and no other property or assets of Borrower’s direct or indirect constituent partners, members, or the directors, officers, agents or employees of Borrower or such constituent partners or members (collectivelyflooding – even from sewage backflow, the “Exculpated Parties”), shall be subject to levy, execution Lessor is not at all responsible for damaged goods or other enforcement procedure for the satisfaction of remedies of the Administrative Agent and/or the Lenders, or for any payment required to be made under the Relevant Documents or for the performance of any of the covenants or warranties contained in any of the Relevant Documents or for any claim based thereon or in respect thereof, nor shall any claim be brought against the Exculpated Parties; provided, however, notwithstanding anything to the contrary contained hereinabove, the foregoing provisions of this Section 13.1 shall not (i) limit the right of the Administrative Agent and/or the Lenders to name Borrower and/or the Guarantor or either of them as a party defendant in any action or suit for judicial foreclosure and sale under the Mortgage or the other Security Documents so long as no deficiency judgment shall be sought or enforced against the Exculpated Parties except as provided in clause (ii) below or (ii) affect or limit in any way the validity or enforceability of any separate guaranty or indemnification now or hereafter given for the benefit of the Administrative Agent and/or the Lenders in connection with the Loans, including the obligations of the Guarantors under the Guarantor Documentsdamages.