Common use of Agent’s Right to Perform Borrower’s Obligations; No Liability of Agent Clause in Contracts

Agent’s Right to Perform Borrower’s Obligations; No Liability of Agent. If Borrower fails to perform any of the covenants or obligations contained herein, and such failure shall continue for a period ten (10) Business Days after Borrower’s receipt of written notice thereof from Agent, Agent may itself perform, or cause performance of, such covenants or obligations, and the reasonable and actually incurred expenses of Agent incurred in connection therewith shall be payable by Borrower to Agent within thirty (30) days after the written demand therefor. Notwithstanding Agent’s right to perform certain obligations of Borrower, it is acknowledged and agreed that Borrower retains control of each Individual Property and each IMH Loan and operation thereof and notwithstanding anything contained herein or Cash Management Agent’s or Agent’s exercise of any of its rights or remedies hereunder, under the Loan Documents or otherwise at law or in equity, neither Cash Management Agent nor Agent shall be deemed to be a mortgagee-in-possession nor shall Agent be subject to any liability with respect to any Individual Property or any IMH Loan or otherwise based upon any claim of lender liability.”

Agent’s Right to Perform Borrower’s Obligations; No Liability of Agent. If Borrower fails to perform any of the covenants or obligations contained herein, and such failure shall continue for a period ten (10) Business Days after Borrower’s receipt of written notice thereof from Agent, Agent may itself perform, or cause performance of, such covenants or obligations, and the reasonable and actually incurred expenses of Agent incurred in connection therewith shall be payable by Borrower to Agent within thirty (30) days after the written demand therefor. Notwithstanding Agent’s right to perform certain obligations of Borrower, it is acknowledged and agreed that Borrower retains control of Infinet, each Individual Property and each IMH Loan and operation thereof and notwithstanding anything contained herein or Cash Management Agent’s or Agent’s exercise of any of its rights or remedies hereunder, under the Loan Documents or otherwise at law or in equity, neither Cash Management Agent nor Agent shall be deemed to be a mortgagee-in-possession nor shall Agent be subject to any liability with respect to Infinet, any Individual Property or any IMH Loan or otherwise based upon any claim of lender liability.”