Common use of DISCLOSURE OF INFORMATION AND CONFIDENTIALITY Clause in Contracts

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. Lender shall have the right (but shall be under no obligation) to make available to (a) agents, employees, Affiliates, attorneys, advisors of Lender and any regulator, governmental agency or authority and (b) prospective transferees, participants or purchasers of any interest in the Loan (including any prospective bidder at any foreclosure sale of the Project), any and all information that Lender may have with respect to the Project, Borrower, Guarantor and any Environmental Indemnitor, whether provided by such person or any third party. Lender shall also have the right to disclose any information that Lender may have (i) as required by Law, regulation, rule, request or order, subpoena, judicial order or similar order, and in connection with any litigation, and (ii) as may be required in connection with an examination, audit or similar investigation provided that Lender exercises the same degree of care that it exercises with respect to its own proprietary information to maintain the confidentiality of any confidential information received with respect to the Project, the Borrower, Guarantor and any Environmental Indemnitor. Confidential information shall include only such information identified as such at the time provided to Lender and shall not include information that is Publicly Available or is disclosed to Lender by a third party (including information obtained as a result of any environmental assessments) provided Lender does not have actual knowledge that such third party is prohibited from disclosing such information. Borrower, Guarantor and any Environmental Indemnitor agree that Lender shall have no liability whatsoever as a result of delivering any such information to any third party in accordance with the previous two (2) sentences, and Borrower, Guarantor and any Environmental Indemnitor, on behalf of themselves and their successors and assigns, hereby release and discharge Lender from any and all liability, claims, damages, or causes of action, arising out of, connected with or incidental to the delivery of any such information to any third party. This provision supersedes any prior confidentiality agreements entered into by Lender with the Borrower, Guarantor and any Environmental Indemnitors.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. Lender shall have the right (but shall be under no obligation) to make available to (ai) agents, employees, Affiliates, attorneys, advisors of Lender and any regulator, governmental agency or authority and (bii) prospective transferees, participants or purchasers of any interest in the Loan (including or any prospective bidder at any foreclosure sale of the a Project), any and all information that Lender may have with respect to the ProjectProjects, Master Tenant, Borrower, Guarantor Owner, Holding and any Environmental IndemnitorGuarantor, whether provided by such person Person or any third party. Lender shall also have the right to disclose any information that Lender may have , including, without limitation, (iA) as required by Lawlaw, regulation, rule, request or order, subpoena, judicial order or similar order, order and in connection with any litigation, litigation and (iiB) as may be required in connection with an the examination, audit or similar investigation provided of such Person, provided, that Lender exercises exercise the same degree of care that it exercises with respect to its own proprietary information to maintain the confidentiality of any confidential information thereby received or received with respect to the ProjectProjects, the Borrower, Guarantor and any Environmental IndemnitorOwner, Holding or Guarantor. Confidential information shall include only such information identified as such at the time provided to Lender and shall not include information that either: (i) is Publicly Available in the public domain, or becomes part of the public domain after disclosure to such Person through no fault of such person or (ii) is disclosed to Lender such Person by a third party (including information obtained as a result of any environmental assessments) ), provided Lender does not have actual knowledge that such third party is prohibited from disclosing such information. Borrower, Owner, Holding and Guarantor and any Environmental Indemnitor agree that Lender shall have no liability whatsoever as a result of delivering any such information to any third party in accordance with the previous two (2) sentencesas described above, and Borrower, Guarantor Borrower and any Environmental IndemnitorGuarantor, on behalf of themselves and their successors and assigns, hereby release and discharge Lender from any and all liability, claims, damages, or causes of action, arising out of, connected with or incidental to the delivery of any such information to any third party. This provision supersedes any prior confidentiality agreements entered into by Lender with the Borrower, Guarantor and any Environmental Indemnitors.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. Lender shall have the right (but shall be under no obligation) to make available to (a) agents, employees, Affiliates, attorneys, advisors of Lender and any regulator, governmental agency or authority and (b) prospective transferees, participants or purchasers of any interest in the Loan (including any prospective bidder at any foreclosure sale of any of the ProjectProjects), any and all information that Lender may have with respect to any of the ProjectProjects, BorrowerBorrowers, Guarantor and any Environmental IndemnitorGuarantor, whether provided by such person or any third party. Lender shall also have the right to disclose any information that Lender may have (i) as required by Law, regulation, rule, request or order, subpoena, judicial order or similar order, and in connection with any litigation, and (ii) as may be required in connection with an examination, audit or similar investigation provided that Lender exercises the same degree of care that it exercises with respect to its own proprietary information to maintain the confidentiality of any confidential information received with respect to the ProjectProjects, the BorrowerBorrowers, Guarantor and any Environmental IndemnitorGuarantor. Confidential information shall include only such all information identified as such at the time provided by or on behalf of Borrowers, Guarantor or Xxxxx Manager to Lender and at any time but shall not include information that is Publicly Available or is disclosed to Lender by a third party (including information obtained as a result of any environmental assessments) provided Lender does not have actual knowledge that such third party is prohibited from disclosing such information. BorrowerBorrowers, and Guarantor and any Environmental Indemnitor agree that Lender shall have no liability whatsoever as a result of delivering any such information to any third party in accordance with the previous two (2) sentencesas described above, and BorrowerBorrowers, Guarantor and any Environmental IndemnitorGuarantor, on behalf of themselves and their successors and assigns, hereby release and discharge Lender from any and all liability, claims, damages, or causes of action, arising out of, connected with or incidental to the delivery of any such information to any third party. This provision supersedes any prior confidentiality agreements entered into by Lender with the Borrower, Guarantor Borrowers and any Environmental IndemnitorsGuarantor.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. Lender shall have the right (but shall be under no obligation) to make available to (a) agents, employees, Affiliates, attorneys, advisors of Lender and any regulator, governmental agency or authority and (b) prospective transferees, participants or purchasers of any interest in the Loan (including any prospective bidder at any foreclosure sale of the Project), any and all information that Lender may have with respect to the Project, Borrower, any Guarantor and any Environmental Indemnitor, whether provided by such person or any third party. Lender shall also have the right to disclose any information that Lender may have (i) as required by Law, regulation, rule, request or order, subpoena, judicial order or similar order, and in connection with any litigation, and (ii) as may be required in connection with an examination, audit or similar investigation provided that Lender exercises the same degree of care that it exercises with respect to its own proprietary information to maintain the confidentiality of any confidential information received with respect to the Project, the Borrower, any Guarantor and any Environmental Indemnitor. Confidential information shall include only such information identified as such at the time provided to Lender and shall not include information that is Publicly Available or is disclosed to Lender by a third party (including information obtained as a result of any environmental assessments) provided Lender does not have actual knowledge that such third party is prohibited from disclosing such information. Borrower, Guarantor and any Environmental Indemnitor agree that Lender shall have no liability whatsoever as a result of delivering any such information to any third party in accordance with the previous two (2) sentencesas described above, and Borrower, any Guarantor and any Environmental Indemnitor, on behalf of themselves and their successors and assigns, hereby release and discharge Lender from any and all liability, claims, damages, or causes of action, arising out of, connected with or incidental to the delivery of any such information to any third party. This provision supersedes any prior confidentiality agreements entered into by Lender with the Borrower, Guarantor Guarantors and any Environmental Indemnitors.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. Administrative Agent and each Lender shall have the right (but shall be under no obligation) to make available to (ai) agents, employees, Affiliates, attorneys, advisors of Lender such Person and any regulator, governmental agency or authority and (bii) prospective transferees, participants or purchasers of any interest in the Loan (including any prospective bidder at any foreclosure sale of the Project), any and all information that Lender such Person may have with respect to the Project, Borrower, Guarantor and any Environmental Indemnitor, Borrower or Principal whether provided by such person or any third party. Lender shall also have the right to disclose any information that Lender may have , including, without limitation, (iA) as required by Lawlaw, regulation, rule, request or order, subpoena, judicial order or similar order, order and in connection with any litigation, litigation and (iiB) as may be required in connection with an the examination, audit or similar investigation provided of such person, provided, that Lender exercises such Person exercise the same degree of care that it exercises with respect to its own proprietary information to maintain the confidentiality of any confidential information thereby received or received with respect to the Project, the Borrower, Guarantor or Principal and any Environmental Indemnitorthe proposed recipient of such confidential information (other than a governmental agency or authority) is subject to a written confidentiality obligation. Confidential information shall include only such information identified as such at the time provided to Lender Administrative Agent or the Lenders and shall not include information that either: (i) is Publicly Available in the public domain, or becomes part of the public domain after disclosure to such person through no fault of such person or (ii) is disclosed to Lender such person by a third party (including information obtained as a result of any environmental assessments) ), provided Lender such Administrative Agent or Lender, as applicable, does not have actual knowledge that such third party is prohibited from disclosing such information. Borrower, Guarantor Borrower and any Environmental Indemnitor Principal agree that neither Administrative Agent, nor any Lender shall have no any liability whatsoever as a result of delivering any such information to any third party in accordance with the previous two (2) sentencesas described above, and Borrower, Guarantor Borrower and any Environmental IndemnitorPrincipal, on behalf of themselves and their successors and assigns, hereby release and discharge Lender Administrative Agent and the Lenders from any and all liability, claims, damages, or causes of action, arising out of, connected with or incidental to the delivery of any such information to any third party. This provision supersedes any prior confidentiality agreements entered into by Lender with the Borrower, Guarantor and any Environmental Indemnitors.