Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Property or any other collateralCollateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 2 contracts
Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Las Vegas Sands Inc)
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Properties, the Senior Mezzanine Loan Collateral or any other collateralthe Collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, including engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 1 contract
Samples: Junior Mezzanine Loan Agreement (Gramercy Capital Corp)
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower Obligors or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower Obligors or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest the Properties or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower Obligors or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 1 contract
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third other party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest the Property or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third other party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest Property or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 1 contract
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower the Obligors or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower the Obligors or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Properties or any other collateralCollateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower the Obligors or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
Appears in 1 contract
Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest Property or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.
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