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e.k voi F9 ii~,i~?491~ DF'F' ?FF4 d~2 Related Agreements, Guarantor hereby guarantees to City the prompt and full payment and performance of the indebtedness and obligations described below in this Guaranty (collectively called the "Guaranteed Obligations"), this Guazanty being upon the following terms and conditions: Section 1 Guaranty of Payment. Guarantor hereby unconditionally and irrevocably guarantees to City the punctual payment when due of all sums of money now or hereafter due and owing, or which Hammons is obligated to pay, pursuant to the terms of the Agreement, the Lease and/or any of the other Transaction Documents, whether same has been previously or concurrently entered into or is hereafter entered into by Hammons and the City, or any other document now or hereafter executed and delivered in connection with the Project, and as any of the same may from time to time be amended, supplemented, restated or otherwise modified (collectively, the "Indebtedness"), including, without limitation, any and all damages owed as a result of a default thereunder by Hammons, and any interest on the Indebtedness to which City may be entitled either at law or under such agreements. The Indebtedness includes all costs and expenses incurred by City in seeking to enforce City's rights and remedies under the Agreement, the Lease or such other documents, including court costs, costs of alternative dispute resolution and reasonable attorneys' fees, whether or not suit is filed or other proceedings are initiated thereon. This Guazanty covers the Indebtedness currently contemplated under the Transaction Documents and all Indebtedness arising or created subsequent to the date hereof thereunder and under any amendment, modification or renewal thereof regazdless of whether such actions are currently contemplated and regardless of whether Guarantor joins in, or consents to same. The guaranty of Guarantor as set forth in this Section 1 is a continuing guazanty of payment and not a guazanty of collection. Section 2 Guaranty of Performance and Cost of Completion. (a) Guarantor hereby also unconditionally and in evocably guarantees to City the complete performance when due of all obligations (other than those described in Section 1, above) of Hammons under the Agreement, the Lease, and the other Transaction Documents, whether the same have been previously or concurrently entered into, or are hereafter entered into, by Hammons and the City, as the same may from time to time be amended, supplemented, restated or otherwise modified regazdless of whether such actions are currently contemplated and regardless of whether Guarantor joins in or consents to same, including, without limiting the generality of the foregoing, all such obligations of Hammons to: (i) Complete, and pay the cost of completing, construction of the Hotel and all other improvements for which Hammons is responsible under the Agreement or other Transaction Documents in accordance with the Approved Plans for same, as the same may be modified from time to time, and in compliance with all applicable laws; (ii) Pay all other expenses, charges, costs and fees of or relating to the construction of the Hotel and all other improvements for which Hammons is responsible under the Agreement or other Transaction Documents, including hazd costs, soft costs, all permitting fees, licensing fees, amounts payable under all construction contracts, F-2 803273.4