Common use of Documentation Clause in Contracts

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderXxxxxx’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the each Issuing Lender’s application Issuer Documents and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement an Issuer Document and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderBank’s application and agreement for letters of credit and the Issuing LenderBank’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Letter of Credit Bank's application and agreement for letters of credit and the Issuing Lender’s Letter of Credit Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Letter of Credit Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderXxxxxx’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto; provided that each Loan Party agrees that all instructions provided to the Administrative Agent by a Loan Party with respect to any Letter of Credit shall be provided in writing.

Documentation. Each Loan Party agrees to be bound by the terms of the each Issuing LenderXxxxxx’s application Issuer Documents and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement an Issuer Document and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Letter of Credit Lender’s application and agreement for letters of credit and the Issuing Letter of Credit Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Letter of Credit Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderLxxxxx’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the selected Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, neither the Agents nor any Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the such Issuing Lender’s application Issuer Documents and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement Issuer Documents and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the each Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the applicable Issuing Lender’s application and agreement for letters of credit and the applicable Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Letter of Credit Bank's application and agreement for letters of credit and the Issuing Lender’s Letter of Credit Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Letter of Credit Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the applicable Issuing LenderBank’s application and agreement for letters of credit and the such Issuing LenderBank’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Xxxxxx's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Credit Party agrees to be bound by the terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Credit Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Credit Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, neither the Agent nor any Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the an Issuing LenderBank’s application and agreement for letters of credit and the Issuing LenderBank’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of its gross negligence or willful misconduct, the no Issuing Lender Bank shall not be liable for any error, negligence and/or or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto; provided that each Loan Party agrees that all instructions provided to the Administrative Agent by a Loan Party with respect to any Letter of Credit shall be provided in writing.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of creditcredit as set forth in such application and agreement or, though such interpretation may be different from such Loan Party’s ownif none are stated therein, in Section 10.11.1 hereof. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any errorerrors, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound jointly and severally by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Agent shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan PartyIssuing Lender’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of its own gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderL/C Issuer’s application and agreement for letters Letters of credit Credit and the Issuing LenderL/C Issuer’s written regulations and customary practices relating to letters Letters of creditCredit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender L/C Issuer shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto; provided that each Loan Party agrees that all instructions provided to the Administrative Agent by a Loan Party with respect to any Letter of Credit shall be provided in writing.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation regulations and practices may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the each Issuing LenderXxxxxx’s application and agreement for letters of credit and the each Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such any Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions Borrower's or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.any

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of its own gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Issuer's application and agreement for letters of credit and the Issuing Lender’s Issuer's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Issuer shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters Letter of credit Credit Documents and the Issuing Lender’s written regulations and customary practices relating to letters of creditcredit as set forth in such Letter of Credit Documents or, though such interpretation may be different from such Loan Party’s ownif none are stated therein, in Section 9.11.1 hereof. In the event of a conflict between such application or agreement Letter of Credit Documents and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any errorerrors, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the such Issuing Lender’s application and agreement for letters of credit and the such Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the such Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the each Issuing Lender’s application and agreement for letters of credit and the each Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the selected Issuing LenderBank’s application and agreement for letters of credit and the Issuing LenderBank’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, neither the Administrative Agent nor any Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms Terms of the Issuing Lender’s 's application and agreement for letters of credit and the Issuing Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Administrative Agent's application and agreement for letters of credit and the Issuing Lender’s Administrative Agent's written regulations and customary practices relating to letters of credit, though such interpretation may be different from the such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Administrative Agent shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderXxxxxx’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto. 1. 1097380671\10\AMERICAS

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, neither the Agents nor any Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing LenderXxxxxx’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of its own gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the such Issuing Lender’s application Bank's Issuer Documents and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement Issuer Documents and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the each Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the each Issuing Lender’s application and agreement for letters of credit and the each Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the no Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.. DMEAST #35945034 v12 38

Documentation. Each Loan Party agrees to be bound by the terms of the an Issuing Lender’s application and agreement for letters of credit and the an Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the an Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application Issuer Documents and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement Issuer Documents and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from the such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender Bank shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound jointly and severally by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Letter of Credit Lender’s 's application and agreement for letters of credit and the Issuing Letter of Credit Lender’s 's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence or willful misconduct, the Issuing Letter of Credit Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the an Issuing Lender’s Bank's application and agreement for letters of credit and the Issuing Lender’s Bank's written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s 's own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of its gross negligence or willful misconduct, the no Issuing Lender Bank shall not be liable for any error, negligence and/or or mistakes, whether of omission or commission, in following any Loan Party’s 's instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.

Documentation. Each Loan Party agrees to be bound by the terms of the Issuing Lender’s application and agreement for letters of credit and the Issuing Lender’s written regulations and customary practices relating to letters of credit, though such interpretation may be different from such Loan Party’s own. In the event of a conflict between such application or agreement and this Agreement, this Agreement shall govern. It is understood and agreed that, except in the case of gross negligence negligence, bad faith or willful misconduct, the Issuing Lender shall not be liable for any error, negligence and/or mistakes, whether of omission or commission, in following any Loan Party’s instructions or those contained in the Letters of Credit or any modifications, amendments or supplements thereto.