Common use of Agent's Duty of Care Clause in Contracts

Agent's Duty of Care. Agent shall have no duty of care with respect to the Collateral except that Agent shall exercise reasonable care with respect to the Collateral in Agent’s custody. Agent shall be deemed to have exercised reasonable care if (i) such Property is accorded treatment substantially equal to that which Agent accords its own Property or similar Property of other Persons held by Agent or (ii) Agent takes such action with respect to the Collateral as Borrowers shall reasonably request in writing. Agent will not be deemed to have, and nothing in this Section 3.5 may be construed to deem that Agent has, failed to exercise reasonable care in the custody or preservation of Collateral in its possession merely because either (a) Agent failed to comply with any request of Borrowers or (b) Agent failed to take steps to preserve rights against any Persons in such Property. Each Borrower agrees that Agent has no obligation to take steps to preserve rights against any prior parties.

Agent's Duty of Care. Agent shall have no duty of care with respect to the Collateral except that Agent shall exercise reasonable care with respect to the Collateral in Agent’s 's custody. Agent shall be deemed to have exercised reasonable care if (i) such Property property is accorded treatment substantially equal to that which Agent accords its own Property property or similar Property of other Persons held by Agent or (ii) if Agent takes such action with respect to the Collateral as Borrowers the Debtor shall reasonably request or agree to in writing. Agent will not be deemed to have, and nothing in this Section 3.5 may be construed to deem provided that Agent has, failed to exercise reasonable care in the custody or preservation of Collateral in its possession merely because either (a) Agent failed no failure to comply with any such request of Borrowers or (b) Agent failed nor any omission to do any such act requested by the Debtor shall be deemed a failure to exercise reasonable care. Agent's failure to take steps to preserve rights against any Persons parties or property shall not be deemed to be failure to exercise reasonable care with respect to the Collateral in such PropertyAgent's custody. Each Borrower agrees that Agent has no obligation to take steps to preserve rights against any prior partiesAll risk of loss, damage, or destruction of the Collateral shall be borne by Debtor.

Agent's Duty of Care. Agent shall have no duty of care with respect to the Collateral except that Agent shall exercise reasonable care with respect to the Collateral in Agent’s custody. Agent shall be deemed to have exercised reasonable care if (i) such Property is accorded treatment substantially equal to that which Agent accords its own Property or similar Property of other Persons held by Agent or (ii) Agent takes such action with respect to the Collateral as Borrowers Guarantors shall reasonably request in writing. Agent will not be deemed to have, and nothing in this Section 3.5 may be construed to deem that Agent has, failed to exercise reasonable care in the custody or preservation of Collateral in its possession merely because either (a) Agent failed to comply with any request of Borrowers Guarantors or (b) Agent failed to take steps to preserve rights against any Persons in such Property. Each Borrower Guarantor agrees that Agent has no obligation to take steps to preserve rights against any prior parties.

Agent's Duty of Care. Agent shall have no duty of care with respect to the Collateral except that Agent shall exercise reasonable care with respect to the Collateral in Agent’s custody. Agent shall be deemed to have exercised reasonable care if (i) such Property property is accorded treatment substantially equal to that which Agent accords its own Property or similar Property of other Persons held by Agent property or (ii) Agent takes such action with respect to the Collateral as Borrowers the applicable Grantor shall reasonably request in writing. Agent will not be deemed to have, and nothing in this Section 3.5 may be construed to deem that Agent has, failed to exercise reasonable care in the custody or preservation of Collateral in its possession merely because either (a) Agent failed to comply with any request of Borrowers any Grantor or (b) Agent failed to take steps to preserve rights against any Persons in such Propertyproperty. Each Borrower Grantor agrees that Agent has no obligation to take steps to preserve rights against any prior parties.