Common use of Field Examination Reports; Disclaimer by Lenders Clause in Contracts

Field Examination Reports; Disclaimer by Lenders. Each Lender: (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "Report" and collectively, "Reports") prepared by the Agent or its agents; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America makes any representation or warranty as to the accuracy of any Report or shall be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or other party performing any audit or examination will inspect only specific information regarding the Obligors and will rely significantly upon the Obligors' books and records, as well as on representations of the Obligors' personnel; (d) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute (except to its participants) or use any Report in any other manner; and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees (i) to hold the Agent and Bank of America harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or other credit accommodations that the indemnifying Lender has made or may make to the Obligors, or the indemnifying Lender's participation in Letters of Credit, and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' fees) incurred by the Agent and Bank of America as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each By signing this Agreement, each Lender: : (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "“Report" ” and collectively, "“Reports"”) prepared by the Agent or its agents; Agent; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America (i) makes any no representation or warranty as to the accuracy of any Report Report, or (ii) shall not be liable for any information contained in any Report; ; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or any other party performing any audit or examination will inspect only specific information regarding the Obligors and will rely significantly upon the Obligors' books and records, as well as on representations of the Obligors' personnel; ; (d) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute (distribute, except to its participants) participants or as required by Applicable Law, or use any Report in any other manner; and and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees agrees: (i) to hold the Agent and Bank of America any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans loans or other credit accommodations that the indemnifying Lender has made or may make to the ObligorsBorrower, or the indemnifying Lender's participation in Letters in, or the indemnifying Lender's purchase of, a loan or loans of Credit, the Borrower; and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America any such other Lender preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' feesincluding counsel's costs) incurred by the Agent and Bank of America any such other Lender preparing a Report as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each Lender: (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "Report" and collectively, "Reports") prepared by the Agent or its agents; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America NationsBank makes any representation or warranty as to the accuracy of any Report or shall be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or other party performing any audit or examination will inspect only specific information regarding the Obligors and will rely significantly upon the Obligors' books and records, as well as on representations of the Obligors' personnel; (d) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute (except to its participants) or use any Report in any other manner; and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees (i) to hold the Agent and Bank of America NationsBank harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or other credit accommodations that the indemnifying Lender has made or may make to the Obligors, or the indemnifying Lender's participation in Letters of Credit, and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America NationsBank harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' fees) incurred by the Agent and Bank of America NationsBank as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each By signing this Agreement, each Lender: : (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "Report" and collectively, "Reports") prepared by the Agent or its agents; Agent; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America (i) makes any no representation or warranty as to the accuracy of any Report Report, or (ii) shall not be liable for any information contained in any Report; ; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or any other party performing any audit or examination will inspect only specific information regarding the Obligors and will rely significantly upon the Obligors' books and records, as well as on representations of the Obligors' personnel; ; (d) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute (distribute, except to its participants) participants or as required by Applicable Law, or use any Report in any other manner; and and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees agrees: (i) to hold the Agent and Bank of America any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans loans or other credit accommodations that the indemnifying Lender has made or may make to the ObligorsBorrower, or the indemnifying Lender's participation in Letters in, or the indemnifying Lender's purchase of, a loan or loans of Credit, the Borrower; and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America any such other Lender preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' feesincluding counsel's costs) incurred by the Agent and Bank of America any such other Lender preparing a Report as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each Lender: (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "Report" and collectively, "Reports") prepared by the Agent or its agents; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America makes any no representation or warranty as to the accuracy of any Report or shall be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or other party performing any audit or examination will inspect only specific information regarding the Obligors Borrowers and will rely significantly upon the ObligorsBorrowers' books and records, as well as on representations of the ObligorsBorrowers' personnel; (d) agrees to keep all Reports confidential and strictly for its internal use, and not to distribute (except to its participants) or use any Report in any other manner; and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees (i) to hold the Agent and Bank of America Deutsche Financial Services Corporation harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or other credit accommodations that the indemnifying Lender has made or may make to the Obligorsany Borrower, or the indemnifying Lender's participation in Letters Letter of CreditCredit Guarantees, and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America Deutsche Financial Services Corporation harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' fees) incurred by the Agent and Bank of America Deutsche Financial Services Corporation as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each By signing this Agreement, each Lender: : (a) is deemed to have requested that the Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "“Report" ” and collectively, "“Reports"”) prepared by the Agent or its agents; Agent; (b) expressly agrees and acknowledges that neither the Agent nor Bank of America (i) makes any no representation or warranty as to the accuracy of any Report Report, or (ii) shall not be liable for any information contained in any Report; ; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Agent or other party performing any audit or examination will inspect only specific information regarding the Obligors Credit Parties and will rely significantly upon the Obligors' Credit Parties’ books and records, as well as on representations of the Obligors' Credit Parties’ personnel; ; (d) agrees to keep all Reports confidential (except as otherwise required by law) and strictly for its internal use, and not to distribute (distribute, except to its participants) , or use any Report in any other manner; and and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees agrees: (i) to hold the Agent and Bank of America any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans loans or other credit accommodations that the indemnifying Lender has made or may make to any of the ObligorsBorrowers, or the indemnifying Lender's ’s participation in Letters in, or the indemnifying Lender’s purchase of, a loan or loans of Credit, any Borrower; and (ii) to pay and protect, and indemnify, defend and hold the Agent and Bank of America any such other Lender preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation reasonable attorneys' feesincluding counsel’s costs) incurred by the Agent and Bank of America any such other Lender preparing a Report as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.

Field Examination Reports; Disclaimer by Lenders. Each Lender: (a) is deemed to have requested that the Administrative Agent furnish such Lender, promptly after it becomes available, a copy of each field examination report (each a "“Report" ” and collectively, "“Reports"”) prepared by the Administrative Agent or its agents; (b) expressly agrees and acknowledges that neither the Administrative Agent nor Bank of America makes any no representation or warranty as to the accuracy of any Report or and shall not be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that the Administrative Agent or other party performing any audit lxxxvi or examination will inspect only specific information regarding the Obligors Borrower and will rely significantly upon the Obligors' Borrower’s books and records, as well as on representations of the Obligors' Borrower’s personnel; (d) agrees to keep all Reports confidential in accordance with its standard operating procedures and strictly for its internal use, and not to distribute (except to its Affiliates, directors, officers, employees, attorneys, agents, participants, assignees or its prospective participants or assignees) or use any Report in any other mannermanner (except to the extent that disclosure or distribution is made pursuant to law, rule, regulation or legal or other process); and (e) without limiting the generality of any other indemnification provision contained in this Credit Agreement, agrees (i) to hold the Administrative Agent and Bank of America harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any Loans or other credit accommodations that the indemnifying Lender has made or may make to the ObligorsBorrower, or the indemnifying Lender's ’s participation in Letters of Credit, Credit and (ii) to pay and protect, and indemnify, defend and hold the Administrative Agent and Bank of America harmless from and against, the claims, actions, proceedings, damages, costs, expenses and other amounts (including, without limitation including reasonable attorneys' ’ fees) incurred by the Administrative Agent and Bank of America as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.