Common use of Collateral Agent’s Duty of Care Clause in Contracts

Collateral Agent’s Duty of Care. Other than the exercise of reasonable care in the physical custody of the Collateral while held by Collateral Agent hereunder, Collateral Agent shall have no responsibility for or obligation or duty with respect to all or any part of the Collateral or any matter or proceeding arising out of or relating thereto, including without limitation any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights against prior parties or any other rights pertaining thereto, it being understood and agreed that each Debtor shall be responsible for preservation of all rights in the Collateral. Without limiting the generality of the foregoing, Collateral Agent shall be conclusively deemed to have exercised reasonable care in the custody of the Collateral if Collateral Agent takes such action, for purposes of preserving rights in the Collateral, as any Debtor may reasonably request in writing, but no failure or omission or delay by Collateral Agent in complying with any such request by any Debtor, and no refusal by Collateral Agent to comply with any such request by any Debtor, shall be deemed to be a failure to exercise reasonable care.

Collateral Agent’s Duty of Care. Other than the exercise of ------------------------------- reasonable care in the physical custody of the Collateral while held by the Collateral Agent hereunder, the Collateral Agent shall have no responsibility for or obligation or duty with respect to all or any part of the Collateral or any matter or proceeding arising out of or relating thereto, including without limitation any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights against prior parties or any other rights pertaining thereto, it being understood and agreed that each Debtor shall be responsible for preservation of all rights in the Collateral. Without limiting the generality of the foregoing, the Collateral Agent shall be conclusively deemed to have exercised reasonable care in the custody of the Collateral if the Collateral Agent takes such action, for purposes of preserving rights in the Collateral, as any Debtor may reasonably request in writing, but no failure or omission or delay by the Collateral Agent in complying with any such request by any Debtor, and no refusal by the Collateral Agent to comply with any such request by any Debtor, shall be deemed to be a failure to exercise reasonable care.

Collateral Agent’s Duty of Care. Other than the exercise of ------------------------------- reasonable care in the physical custody of the Collateral while held by Collateral Agent hereunder, Collateral Agent shall have no responsibility for or obligation or duty with respect to all or any part of the Collateral or any matter or proceeding arising out of or relating thereto, including including, without limitation limitation, any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights against prior parties or any other rights pertaining thereto, it being understood and agreed that each Debtor Pledgor shall be responsible for preservation of all rights in the Collateral. Without limiting the generality of the foregoing, Collateral Agent shall be conclusively deemed to have exercised reasonable care in the custody of the Collateral if Collateral Agent takes such action, for purposes of preserving rights in the Collateral, as any Debtor Pledgor may reasonably request in writing, but no failure or omission or delay by Collateral Agent in complying with any such request by any DebtorPledgor, and no refusal by Collateral Agent to comply with any such request by any DebtorPledgor, shall be deemed to be a failure to exercise reasonable care.

Collateral Agent’s Duty of Care. Other than the exercise of ------------------------------- reasonable care in the physical custody of the Collateral while held by the Collateral Agent hereunder, the Collateral Agent shall have no responsibility for or obligation or duty with respect to all or any part of the Collateral or any matter or proceeding arising out of or relating thereto, including without limitation any obligation or duty to collect any sums due in respect thereof or to protect or preserve any rights against prior parties or any other rights pertaining thereto, it being understood and agreed that each Debtor shall be responsible for preservation of all rights in the Collateral. Without limiting the generality of the foregoing, the Collateral Agent shall be conclusively deemed to have exercised reasonable care in the custody of the Collateral if the Collateral Agent takes such action, for purposes of preserving rights in the Collateral, as any Debtor may reasonably request in writing, but no failure or omission or delay by the Collateral Agent in complying with any such request by any Debtor, and no refusal by the Collateral Agent to comply with any such request by any Debtor, shall be deemed to be a failure to exercise reasonable care.