THE NOTE.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL INHIBIT OR PREVENT MORTGAGEE
FROM FORECLOSING OR EXERCISING ANY OTHER RIGHTS AND REMEDIES PURSUANT TO THE
LOAN AGREEMENT, THE NOTE, THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS, WHETHER
SIMULTANEOUSLY WITH FORECLOSURE PROCEEDINGS OR IN ANY OTHER SEQUENCE.
A
SEPARATE ACTION OR ACTIONS MAY BE BROUGHT AND PROSECUTED AGAINST MORTGAGOR
PURSUANT TO SECTIONS 9.2 AND 9.3
HEREIN, WHETHER OR NOT ACTION IS BROUGHT
AGAINST ANY OTHER PERSON OR WHETHER OR NOT ANY OTHER PERSON IS JOINED IN THE
ACTION OR ACTIONS.
IN ADDITION, MORTGAGEE SHALL HAVE THE RIGHT BUT NOT THE
OBLIGATION TO JOIN AND PARTICIPATE IN, AS A PARTY IF IT SO ELECTS, ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDINGS OR ACTIONS INITIATED IN CONNECTION WITH
ANY MATTER ADDRESSED IN THE ENVIRONMENTAL INDEMNITY AGREEMENT.
SECTION 7.11
RIGHT OF ENTRY.
UPON REASONABLE NOTICE TO MORTGAGOR, MORTGAGEE
AND ITS AGENTS SHALL HAVE THE RIGHT TO ENTER AND INSPECT THE PROPERTY ON
BUSINESS DAYS DURING NORMAL BUSINESS HOURS, SUBJECT TO THE RIGHTS OF TENANTS
UNDER THEIR LEASES AND MORTGAGOR'S USUAL AND CUSTOMARY SAFETY REQUIREMENTS AND
ACCOMPANIED BY A REPRESENTATIVE OF MORTGAGOR.
-18-
ARTICLE 8
INTENTIONALLY OMITTED
ARTICLE 9
INDEMNIFICATION
SECTION 9.1
GENERAL INDEMNIFICATION.
EXCEPT AS LIMITED BY THE NON-RECOURSE
PROVISIONS OF THE LOAN AGREEMENT AND EXCEPT TO THE EXTENT CAUSED BY THE WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE OF THE INDEMNIFIED PARTIES (AS HEREINAFTER
DEFINED), MORTGAGOR SHALL, AT ITS SOLE COST AND EXPENSE, PROTECT, DEFEND,
INDEMNIFY, RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST
ANY AND ALL CLAIMS, SUITS, LIABILITIES (INCLUDING, WITHOUT LIMITATION, STRICT
LIABILITIES), ACTIONS, PROCEEDINGS, OBLIGATIONS, DEBTS, DAMAGES, LOSSES, COSTS,
EXPENSES, FINES, PENALTIES, CHARGES, FEES, EXPENSES, JUDGMENTS, AWARDS, AMOUNTS
PAID IN SETTLEMENT, PUNITIVE DAMAGES, FORESEEABLE AND UNFORESEEABLE
CONSEQUENTIAL DAMAGES, OF WHATEVER KIND OR NATURE (INCLUDING BUT NOT LIMITED TO
REASONABLE ATTORNEYS' FEES AND OTHER REASONABLE COSTS OF DEFENSE) (COLLECTIVELY,
THE "LOSSES") IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY INDEMNIFIED
PARTY AND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY RELATING TO ANY
ONE OR MORE OF THE FOLLOWING: (A) OWNERSHIP OF THIS MORTGAGE, THE PROPERTY OR
ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS; (B) ANY AMENDMENT TO, OR
RESTRUCTURING OF, THE OBLIGATIONS (INCLUDING, BUT NOT LIMITED TO, THE
INDEBTEDNESS), AND THE NOTE, THE LOAN AGREEMENT, THIS MORTGAGE, AND/OR ANY OTHER
LOAN DOCUMENTS; (C) ANY AND ALL LAWFUL ACTION THAT MAY BE TAKEN BY MORTGAGEE IN
CONNECTION WITH THE ENFORCEMENT OF THE PROVISIONS OF THIS MORTGAGE OR THE LOAN
AGREEMENT OR THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, WHETHER OR NOT SUIT IS
FILED IN CONNECTION WITH SAME, OR IN CONNECTION WITH MORTGAGOR, ANY GUARANTOR OR
INDEMNITOR OF THE LOAN AND/OR ANY PARTNER, JOINT VENTURER OR SHAREHOLDER THEREOF
BECOMING A PARTY TO A VOLUNTARY OR INVOLUNTARY FEDERAL OR STATE BANKRUPTCY,
INSOLVENCY OR SIMILAR PROCEEDING; (D) ANY ACCIDENT, INJURY TO OR DEATH OF
PERSONS OR LOSS OF OR DAMAGE TO PROPERTY OCCURRING IN, ON OR ABOUT THE PROPERTY
OR ANY PART THEREOF OR ON THE ADJOINING SIDEWALKS, CURBS,