Lender Not Liable. The Lender shall not be liable or accountable for any failure to seize, collect, realize, dispose of, enforce or otherwise deal with the Collateral, shall not be bound to institute proceedings for any such purposes or for the purpose of preserving any rights of the Lender, the Grantor or any other person, firm or corporation in respect of the Collateral and shall not be liable or responsible for any loss, cost or damage whatsoever which may arise in respect of any such failure including, without limitation, resulting from the negligence of the Lender or any of its officers, servants, agents, solicitors, attorneys, Receivers or otherwise. Neither the Lender nor its officers, servants, agents or Receivers shall be liable by reason of any entry into possession of the Collateral or any part thereof, to account as a mortgagee in possession, for anything except actual receipts, for any loss on realization, for any act or omission for which a mortgagee in possession might be liable, for any negligence in the carrying on or occupation of the business or undertaking of the Grantor as provided in Section 6.5 or for any loss, cost, damage or expense whatsoever which may arise in respect of any such actions, omissions or negligence.
Lender Not Liable. Nothing in this Section 6.2 shall (a) make Lender responsible for performing or completing any Required Repairs; (b) require Lender to expend funds to complete any Required Repairs; (c) obligate Lender to proceed with any Required Repairs; or (d) obligate Lender to demand from any Borrower sums to complete any Required Repairs.
Lender Not Liable. The Lender shall in no way be responsible for the payment of any costs incurred in connection with preserving or disposing of Collateral pursuant to Section 506(c) of the Bankruptcy Code (excluding the Carve-Out) and the Collateral may not be charged for the incurrence of any such cost.
Lender Not Liable. Requests for loans and advances may be made by TSS, and Lender is hereby authorized and directed to accept, honor and rely on such instructions and requests, subject to the limitations and provisions set forth in the Agreement. It is expressly understood and agreed by each of the Borrowers that Lender shall have no responsibility to inquire into the correctness of the apportionment, allocation, or disposition of (a) any loans and advances made to any of the Borrowers; or (b) any of Lender’s expenses and charges therefore or under any other agreements with any Borrower. All loans and advances are made for the collective account of the Borrowers and are to be charged to the Loan Account. The foregoing accommodations have been requested by each Borrower as they are engaged in an integrated operation that requires financing on a basis permitting the availability of credit from time to time to each of the Borrowers as required for the continued successful operation of each of the Borrowers and their integrated operation. Each of the Borrowers expects to derive benefit, directly or indirectly, from such availability, since the successful operation of each of the Borrowers is dependent on the continued successful performance of the functions of the integrated group. All collateral of any Borrower and any other collateral security now or hereafter given to Lender by any Borrower, shall secure all loans and advances made by Lender to any Borrower, and shall be deemed to be pledged to Lender as security for any and all other obligations of the Borrowers to Lender as set forth herein, in the Agreement, in the Guarantees, or in any other agreement between Lender and any Borrower.
Lender Not Liable. Lender, in its status as lender, shall not be responsible or liable in any way for any condition in or upon any of the Mortgaged Property (whether or not discovered by Lender), including any condition relating to the presence on the Mortgaged Property of any substance regarded by any governmental authority as being a toxic or hazardous waste or substance, or any defects in any of the Mortgaged Property or any personal injury, death, damage to property, loss, cost, liability, damage or expense in any way arising out of or connected with the condition or maintenance of any of the Mortgaged Property or any construction or other work thereon, or Borrower's use and occupancy of the Mortgaged Property.
Lender Not Liable. Lender shall not be liable in any manner whatsoever for (i) failure to deliver any notice or documents specified in this Article 16 or (ii) its failure to continue to consider whether or not it will commit to extend any Refinancing Loan or issue any Refinancing Loan Commitment. BORROWER: MDR GREENSBORO, LLC a Delaware limited liability company By: MEDALIST DIVERSIFIED HOLDINGS, L.P., A Delaware limited partnership Its: Sole Owner By: MEDALIST DIVERSIFIED REIT, INC. a Maryland corporation Its: General Partner By: /s/Wxxxxxx X. Xxxxxx Name: Wxxxxxx X. Xxxxxx Its: Co-President
Lender Not Liable. 5.3.1 The Lender shall not have any responsibility or liability for, or duty to inquire into, the authorization, execution, signature, endorsement, correctness, genuineness or legal effect of any certificate or other document presented to the Lender pursuant to any Letter of Credit, and the Borrower fully and unconditionally assumes all risks with respect to the same and, without limiting the generality of the foregoing, all risks of the acts or omissions of any beneficiary of any Letter of Credit with respect to the use by any beneficiary of any Letter of Credit. The Lender shall not be responsible:
5.3.1.1 for the validity of certificates or other documents delivered under or in connection with any Letter of Credit that appear on their face to be in order, even if such certificates or other documents should in fact prove to be invalid, fraudulent or forged;
5.3.1.2 for errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, telefax or otherwise, whether or not they are in code;
5.3.1.3 for errors in translation or for errors in interpretation of technical terms or for errors in the calculation of amounts demanded under any Letter of Credit;
5.3.1.4 for any failure or inability of the Lender or any other Person to make payment under any Letter of Credit as a result of any Applicable Law or by reason of any control or restriction rightfully or wrongfully exercised by any Person asserting or exercising governmental or paramount powers; or
5.3.1.5 for any other consequences arising in respect of a failure by the Lender to honour a Letter of Credit due to causes beyond the control of the Lender,
Lender Not Liable. The Lender will not be liable to the Borrower or any other Person for any failure or delay in exercising any of its rights under this Agreement (including among other things any failure to take possession of, collect, or sell, lease or otherwise dispose of, any Collateral). None of the Lender, a Receiver or any agent of the Lender is required to take, or will have any liability for any failure to take or delay in taking, any steps necessary or advisable to preserve rights against other Persons under any Chattel Paper, Securities or Instrument in possession of the Lender, a Receiver or the Lender's agent.
Lender Not Liable. (a) In addition to amounts payable as provided elsewhere in Section 2.01(vi) hereof, the Borrower hereby agrees to protect, indemnify, pay and save the Lender harmless from and against any and all Liabilities and Costs which the Lender may incur or be subject to as a consequence, direct or indirect, of (1) the issuance of a Letter of Credit for the account of the Borrower, other than as a result of the Lender's gross negligence or willful misconduct, as determined by the final judgment of a court of competent jurisdiction or (2) the failure of the Lender to honor a drawing under such Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto Governmental Authority (all such acts or omissions hereinafter referred to as the "Governmental Acts").
(b) As between the Borrower, its Subsidiaries, its Affiliates and the Lender, the Borrower assumes all risks of the acts and omissions of, or misuses of any Letter of Credit by the beneficiary of such Letter of Credit. In furtherance and not in limitation of the foregoing, subject to the provisions of the Letters of Credit Reimbursement Agreement, the Lender shall not be responsible (except in connection with its gross negligence or willful misconduct): (1) for the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for and issuance of the Letters of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (2) for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or part, which may prove to be invalid or ineffective for any reason; (3) for failure of the beneficiary of a Letter of Credit to comply duly with conditions required in order to draw upon such Letter of Credit; (4) for errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex, or other similar form of teletransmissions or otherwise, whether or not they be in cipher; (5) for errors in interpretation of technical terms; (6) for any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any Letter of Credit or of the proceeds thereof; (7) for the misapplication by the beneficiary of a ...
Lender Not Liable. Lender shall not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral or of any instrument received in payment therefor or for any damages resulting therefrom (except to the extent the same shall be finally adjudicated or otherwise conclusively determined to have been caused solely by gross negligence or willful misconduct of Lender). Lender shall not, under any circumstances or in any event whatsoever, have any liability for any error or omission of any kind made in the settlement, collection or payment of any of the Collateral (except to the extent the same shall be finally adjudicated or otherwise conclusively determined to have been caused solely by gross negligence or willful misconduct of Lender). The costs of collection and enforcement, including but not limited to reasonable counsel fees and out-of-pocket expenses, shall be borne solely by the Borrower whether the same are incurred by Lender or the Borrower.
