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HomeMy WebLinkAbout44insurance premiums, operation and maintena= charges relating to the Property, and other obligaticias of lessor under the Leases before using such proceeds for any other purpose. 1= This Agreement shall continue in full force and effect until (a) all amounts due under the Loan Documents arc paid in full, and (b) all other Obligations of Borrower under the Loan Documents are fully satisfied. g. Appllinl;mW Borrower irrevocably appoints Lender its true and lawful attorney in fact, which appointment is coupled with an interest, to ex cwi !,,Av or all of the rights or powers described herein with the same fora and effect as if executed by Borrower, and Borrower ratifies and confirms an, and all acts done or omitted to be done by Lender, its agents, smants, employees or attorneys in, to or about the Property. 9. LaltilitL9f Lender. lender shall not in any way be liable to Borrower for any action or inaction of Lcndet, its employees or agents tmder this Agreement. to M harmless Lend10. Indt2niftcation. Borrower shall indemnify, defend and hold C er from and against ail liability, loss, damage, cost or expense which it C may incur under this Agreement or under any of the Leases, including any claim aagainst Iender by reason of any alleged obhgatirar, undertaking, action, or inaction on its part to perform or discharge any terms, covenants or conditions of the Leases or pD with respect to Rents, and including attorneys' fees and expenses, including those 0 arising from the joint, wncurrenL or comparative negligence of Lendcr, however, Borrower shall not be liable under such indemnification to the extent such liability, loss, damage, cost of expense results solely from Lender's gross negligence or willful misconduct Any amount covered by this indemnity shall be payable on demand, and shall bear interest from the date of demand until the same is paid by Borrower to Lender at a rue equal to the Default Rate (as defined in the Loan Agreement). I 1 Med isaliu. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of such change is sought 12. �Wcesaon and AMIg s. 'Ibis Agreement shall inwe to the benefit of tender and its successors and assigns and shah be binding on Borrower and its successors and assigns. 13. Govarnimv Aj- 'this Agreement shall be governed and construed in accordance with the laws of the State of Washington