Common use of Disclaimer by Lender Clause in Contracts

Disclaimer by Lender. Lender shall not be liable to any supplier, laborer, architect, engineer or any other party for services performed or materials supplied in connection with the Premises. Lender shall not be liable for any debts or claims accruing in favor of any such parties against Borrower or against the Premises. Borrower is not or shall not be an agent of Lender for any purposes, and Lender is not a venture partner with Borrower in any manner whatsoever. Lender shall not be deemed to be in privity of contract with any provider of services on or to the Premises, nor shall any payment of funds directly to a provider of services be deemed to create any third party beneficiary status or recognition of same by Lender unless and until Lender expressly assumes such status in writing. No supplier, laborer, architect, engineer or other party shall be deemed to be a third party beneficiary of this Agreement or any of the Loan Documents. Approvals granted by Lender for any matters covered under this Agreement shall be narrowly construed to cover only the parties and facts identified in any written approval or, if not in writing, such approvals shall be solely for the benefit of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Growth & Income REIT, Inc.)

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Disclaimer by Lender. Lender shall not be liable to any subcontractor, supplier, laborer, architect, engineer or any other party for services performed or materials supplied in connection with construction of the PremisesProject. Lender shall not be liable for any debts or claims accruing in favor of any such parties against Borrower or against the PremisesLand. The Borrower is not or shall not be considered an agent of Lender for any purposes, and Lender is not a venture partner with Borrower in any manner whatsoeverBorrower. Lender shall not be deemed to be in privity of contract with any contractor, subcontractor or provider of services on or to the PremisesLand, nor shall any payment of funds directly to a Contractor, subcontractor or provider of services on or to the Land, be deemed to create any third party beneficiary status or recognition of same by Lender unless and until Lender expressly assumes such status in writing. No supplier, laborer, architect, engineer or other party shall be deemed to be a third party beneficiary of this Agreement or any of the Loan Documents. Approvals granted by Lender for any matters covered under this Agreement shall be narrowly construed to cover only the parties and facts identified in any written approval or, or if not in writing, writing such approvals shall be solely for the benefit of Borrower.

Appears in 1 contract

Samples: Building Loan Agreement (Mapinfo Corp)

Disclaimer by Lender. Lender shall not be liable to any supplier, laborer, architect, engineer or any other party for services performed or materials supplied in connection with the Premises. Lender shall not be liable for any debts or claims accruing in favor of any such parties against Borrower or against the Premises. Borrower is not or shall not be an agent of Lender for any purposes, and Lender is not a venture partner with Borrower in any manner whatsoever. Lender shall not be deemed to be in privity of contract with any provider of services on or to the Premises, nor shall any payment of funds directly to a or provider of services be deemed to create any third party beneficiary status or recognition of same by Lender unless and until Lender expressly assumes such status in writing. No supplier, laborer, architect, engineer or other party shall be deemed to be a third party beneficiary of this Agreement or any of the Loan Documents. Approvals granted by Lender for any matters covered under this Agreement shall be narrowly construed to cover only the parties and facts identified in any written approval or, if not in writing, such approvals shall be solely for the benefit of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Rw Holdings NNN Reit, Inc.)

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Disclaimer by Lender. Lender shall not be liable to any subcontractor, supplier, laborer, architect, engineer or any other party for services performed or materials supplied in connection with construction of improvements to the PremisesProject. Lender shall not be liable for any debts or claims accruing in favor of any such parties against Borrower or against the PremisesLand. The Borrower is not or shall not be considered an agent of Lender for any purposes, and Lender is not a venture partner with Borrower in any manner whatsoeverBorrower. Lender shall not be deemed to be in privity of contract with any contractor, subcontractor or provider of services on or to the PremisesLand, nor shall any payment of funds directly to a contractor, subcontractor or provider of services on or to the Land, be deemed to create any third party beneficiary status or recognition of same by Lender unless and until Lender expressly assumes such status in writing. No supplier, laborer, architect, engineer or other party shall be deemed to be a third party beneficiary of this Agreement or any of the Loan Documents. Approvals granted by Lender for any matters covered under this Agreement shall be narrowly construed to cover only the parties and facts identified in any written approval or, or if not in writing, writing such approvals shall be solely for the benefit of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

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