Common use of Recourse Nature of Certain Indemnifications Clause in Contracts

Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Mortgage or in any other Loan Document, the indemnification provided in Section 40(c) hereof shall be fully recourse to Borrower (but not to (i) any Affiliate of Borrower, (ii) any Person owning directly or indirectly, any legal or beneficial interest in Borrower or any Affiliate of Borrower, and (iii) any partner, principal, officer, controlling person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of Borrower or of any Persons described in clauses (i) through (ii) above) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created under this Mortgage, the cancellation and surrender of this Mortgage and/or the conveyance of title to any Property to Lender or any purchaser or designee in connection with a foreclosure of this Mortgage or conveyance in lieu of foreclosure.

Recourse Nature of Certain Indemnifications. Notwithstanding anything to the contrary provided in this Mortgage or in any other Loan Document, the indemnification provided in Section 40(c36(c) hereof shall be fully recourse to Borrower (but not to (i) any Affiliate of such Borrower, (ii) any Person owning directly or indirectly, any legal or beneficial interest in such Borrower or any Affiliate of Borrower, and or (iii) any partner, member, principal, officer, controlling person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of such Borrower or of any Persons described in clauses (i) through (ii) above) and shall be independent of, and shall survive, the discharge of the Indebtedness, the release of the Lien created under this Mortgage, the cancellation and surrender of this Mortgage and/or the conveyance of title to any the Property to Lender or any purchaser or designee in connection with a foreclosure of this Mortgage or conveyance in lieu of foreclosure. Survival. The provisions of this Section 36 shall survive the release of this Mortgage and the repayment of the Loan.