Common use of Exculpation of Liability Clause in Contracts

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligence. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes any Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their absent the gross negligence or willful misconduct of Agent or gross (not mere) negligenceLender. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of any Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such any Borrower of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligencethereof. Neither To the fullest extent permitted by Applicable Law, neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes any of any Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such any Borrower of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's or Affiliate Guarantor's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligencethereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's or Affiliate Guarantor's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower or Affiliate Guarantor of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's or Guarantor's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligencethereof. Neither Agent nor any LenderLender does not, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's or Guarantor's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall not be responsible in any way for the performance by such Borrower or Guarantor of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute any Agent or any Lender as any the Borrower's and each Guarantor's agent for any purpose whatsoever, nor shall any Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligenceso long as such Agent has acted in a commercially reasonable manner. Neither any Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of the Borrower's or any Guarantor's obligations under any contract or agreement assigned to such Agent or such Lender, and neither any Agent nor any Lender shall be responsible in any way for the performance by the Borrower or such Borrower Guarantor of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligenceso long as Agent has acted in a commercially reasonable manner. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's ’s or any Subsidiary Guarantor’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligencethereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's ’s or any Subsidiary Guarantor’s obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower or any Subsidiary Guarantor of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor nor, to the fullest extent permitted by Applicable Law, shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their willful misconduct or gross (not mere) negligencethereof. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Borrower's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof except for their to the extent directly caused by its own gross negligence or willful misconduct or gross (not mere) negligencemisconduct. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assumes assume any of Borrower's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by such Borrower of any of the terms and conditions thereof.