Common use of Absence of Duty Clause in Contracts

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent Agents shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent Agents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent Agents in this Section 8.2(h8.2(i) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent Agents may act in any manner it they may deem appropriate, in its their discretion, given Agent’s Agents’ own interest in property covered by the Collateral Documents as one of the Lenders and that Agent Agents shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent Agents shall exercise the same care which it they would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, L/C Issuer or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, Lenders for so acting; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 8.2(hsubsection 9.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h8.2(i) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem reasonably appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h9.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent Agents shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Collateral Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent Agents in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, each Agent may act in any manner it may deem appropriate, in its discretion, given such Agent’s own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent Agents shall have no duty or liability whatsoever to any of the other Lenders, provided that each Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section SECTION 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided PROVIDED that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hSUBSECTION 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided PROVIDED that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. No Agent shall have no any obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to any Authorized Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to such Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, such Agent may act in any manner it may deem appropriate, in its discretion, given such Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that such Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that such Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to --------------- any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers Borrower or any other Credit Party ALC, as applicable, or is cared for, protected or insured or has been encumbered or that the Liens liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) subsection 8.2.8 or in any of the Loan Documents, it ---------------- being understood and agreed that in respect of the property covered by the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent Investment Manager shall have no obligation whatsoever to any Lender the L/C Guarantors or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent Investment Manager have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent Investment Manager in this Section 8.2(h) 9.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent Investment Manager may act in any manner it may deem appropriate, in its discretion, given AgentInvestment Manager’s own interest in property covered by the Collateral Documents as one of the Lenders and that Agent Investment Manager shall have no duty or liability whatsoever to any of the other LendersL/C Guarantors, provided that Agent Investment Manager shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers or any other Credit Party ALC, as applicable, or is cared for, protected or insured or has been encumbered or that the Liens liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) subsection 8.2.8 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 14.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 9.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent therein or pursuant thereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 9.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hSECTION 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided PROVIDED that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property Property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property Property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property Property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided except that Agent shall be required to exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 11.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent Agents shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent Agents have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent Agents in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent Agents may act in any manner it they may deem appropriate, in its their discretion, given Agent’s Agents' own interest in property covered by the Collateral Documents as one of the Lenders and that Agent Agents shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent Agents shall exercise the same care which it they would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any --------------- Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party a Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided -------- that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Noteholder or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers the Company or any other Credit Party Issuer or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h14.08(c) or in any of the Loan Basic Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders Noteholders and that Agent shall have no duty or liability whatsoever to any of the other LendersNoteholders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) Agreement or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by this Agreement or the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by this Agreement or the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided provided, however, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property Property covered by the Collateral Security Documents exists or is owned by Borrowers Borrower or any other Credit Party a Guarantor or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property Property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property Property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, ; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Series A Noteholder or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers the Company or any other Credit Party Issuer or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h14.08(c) or in any of the Loan Basic Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Security Documents as one of the Lenders Series A Noteholders and that Agent shall have no duty or liability whatsoever to any of the other LendersSeries A Noteholders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Loan Documents exists or is owned by Borrowers Borrower or any other Credit Party Alterra, as applicable, or is cared for, protected or insured or has been encumbered or that the Liens liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) subsection 8.2.8 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Loan Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Party Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) 10.4 or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in it its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, Lenders for so acting; provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, L/C Issuer or any other Person to assure that the property covered by the Collateral Documents exists or is owned by Borrowers Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(h) or in any of the Loan Documents, it being understood and agreed that in respect of the property covered by the Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in property covered by the Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no --------------- obligation whatsoever to any Lender or any other Person to assure that the property covered by the Collateral Security Documents exists or is owned by Borrowers or any other Credit Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent have been properly or sufficiently or lawfully created, perfected, protected or enforced or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 8.2(hsubsection 8.2(H) or in any of the Loan Documents, ----------------- it being understood and agreed that in respect of the property covered by the Collateral Security Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in property covered by the Collateral Security Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders, provided that Agent shall exercise the same -------- care which it would in dealing with loans for its own account.