Common use of Lender's Action for its Own Protection Only Clause in Contracts

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the Property, to procure waivers or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plans, will be exercised and taken by Lender for Lender’s protection only and may not be relied upon by Borrower for any purposes whatever; and Lender shall not be deemed to have assumed any responsibility to Borrower with respect to any such action herein authorized or taken by Lender or with respect to the proper construction of the Improvements on the Property, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Property. Any review, investigation or inspection conducted by Lender, or any architectural or engineering consultants retained by Lender to verify independently Borrower’s satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this Agreement, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether the party conducting such review, investigation or inspection shall have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (a) any of Borrower’s representations and warranties under this Agreement or Lender’s reliance thereon or (b) Lender’s reliance upon any certifications of Borrower or the Contractor required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyPremises, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants or representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants or representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by Lender representative of Lender, in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder or any other party (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon thereon, or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Premises, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any third party is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, including, without limitation, actions to inspect the PropertyProject, to procure waivers or sworn statements, to approve contracts, subcontracts and purchase ordersConstruction Contracts, and to approve PlansPlans and Specifications, will be exercised and taken by Lender and by Lender's other advisors or representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other person for any purposes whatever; and . Neither Lender nor any other advisor or representative of Lender shall not be deemed to have assumed any responsibility to Borrower or any other person with respect to any such action herein authorized or taken by Lender or any other advisor or representative of Lender or with respect to the proper construction of the Improvements on or the PropertyProject, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ ' liens from being claimed or asserted against any of the PropertyProject. Any review, investigation or inspection conducted by Lender, or any other architectural or engineering consultants retained by Lender or any agent or representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance Loan Advances under this Agreement, Borrower’s 's performance of any of the covenants, agreements and obligations of Borrower under this Agreement, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (ai) any of Borrower’s 's representations and warranties under this Agreement or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or the Contractor Architect required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyProperties, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants and representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderin connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Properties, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any third party is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, including, without limitation, actions to inspect the PropertyProject, to procure waivers or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plans, will be exercised and taken by Lender for Lender, the Inspecting Agent, and by Lender’s other advisors or representatives for their own protection only and may not be relied upon by Borrower or any other person for any purposes whatever; and . Neither Lender, the Inspecting Agent nor any other advisor or representative of Lender shall not be deemed to have assumed any responsibility to Borrower or any other person with respect to any such action herein authorized or taken by Lender or any other advisor or representative of Lender or with respect to the proper construction of the Improvements improvements on the PropertyProject, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the PropertyProject. Any review, investigation or inspection conducted by Lender, the Inspecting Agent or any other architectural or engineering consultants retained by Lender or any agent or representative of Lender in order to verify independently Borrower’s satisfaction of any conditions precedent to Advance Loan disbursements under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this Agreement, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or Lender’s reliance thereon or (bii) Lender’s reliance upon any certifications of Borrower or the Contractor Architect required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyProperties, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants and representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Properties, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any third party is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, the Administrative Agent or Lenders and any action taken by Lenderthe Administrative Agent or Lenders in making inspections of the Construction Project, to inspect the Propertyprocuring sworn statements and waivers of lien, to procure waivers or sworn statements, to approve contracts, approving contracts and subcontracts and purchase orders, approving Plans and to approve PlansSpecifications, will be exercised and taken by Lender the Administrative Agent and Lenders and by Construction Consultant for Lender’s their own protection only only, and may not be relied upon by Borrower for any purposes whatever; and Lender neither the Administrative Agent, Lenders nor Construction Consultant shall not be deemed to have assumed any responsibility to Borrower with respect to any such action herein authorized or taken by Lender the Administrative Agent, Lenders or Construction Consultant or with respect to the proper construction of the Improvements on the Propertyimprovements, performance of contracts, contracts or subcontracts or purchase orders by any contractor, subcontractor contractors or material suppliersubcontractors, or prevention of claims for mechanics’ liens from being claimed or asserted against any of the Propertyliens. Any review, investigation or inspection conducted by Lenderthe Administrative Agent, Lenders, Construction Consultant or any other architectural or engineering consultants retained by Lender Lenders or any agent or representative of Lenders in order to verify independently Borrower’s satisfaction of any conditions precedent to Advance Disbursements of Loan Proceeds under this Loan Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this Loan Agreement, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (a) any of Borrower’s representations and warranties under this Agreement or Lender’s reliance thereon or (b) Lender’s reliance upon any certifications of Borrower or the Contractor required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.by

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyPremises, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants or representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants or representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by Lender representative of Lender, in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder or any other party (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon thereon, or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunder.or any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Premises, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection,

Lender's Action for its Own Protection Only. The That the authority herein conferred upon Lender, and any action taken by Lender, Lender to inspect the PropertyImprovements, to procure 12 waivers or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve PlansPlans and Specifications, will be exercised and taken by Lender and Lender's Consulting Engineer for Lender’s their own protection only and may not be relied upon by Borrower for any purposes whateverwhatsoever; and neither Lender nor Lender's Consulting Engineer shall not be deemed to have assumed any responsibility to Borrower with respect to any such action herein authorized or taken by Lender or Lender's Consulting Engineer or with respect to the Improvements, the proper construction of the Improvements on the Property, performance of contracts, subcontracts or purchase orders by any contractorcontractors, subcontractor subcontractors or material suppliersuppliers, or prevention of mechanics’ ' liens from being claimed or asserted against any of the PropertyImprovements. Any review, investigation or inspection conducted by Lender, Lender's Consulting Engineer, any engineering or any architectural or engineering environmental consultants retained by Lender or any agent or representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance Loan disbursements under this Agreement, Borrower’s 's performance of any of the covenants, agreements and obligations of Borrower under this Agreement, Agreement or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (ai) any of Borrower’s 's representations and warranties under this Agreement or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or the Contractor General Contractors required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyPremises, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other Person for any purposes whateverwhatsoever; and neither Lender nor Lender's employees, agents, consultants and representatives shall not be deemed to have assumed any responsibility to Borrower or any other Person with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by Lender representative of Lender, in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower thereof under this AgreementAgreement or under any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder or any other Person (regardless of whether or not the party Person conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (a) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon or (b) Lender’s 's reliance upon any certifications of Borrower or any other Person in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Premises, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any other Person is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the PropertyProperties, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other Person for any purposes whateverwhatsoever; and neither Lender nor Lender's employees, agents, consultants and representatives shall not be deemed to have assumed any responsibility to Borrower or any other Person with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by Lender representative of Lender, in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower thereof under this AgreementAgreement or under any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder or any other Person (regardless of whether or not the party Person conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (a) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon or (b) Lender’s 's reliance upon any certifications of Borrower or any other Person in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with any of the Properties, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any other Person is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority ------------------------------------------- herein conferred upon Lender, and any action taken by Lender, to inspect the Property, to procure waivers or sworn statementsProject, to approve contracts, subcontracts and purchase ordersto approve the Approved Budget, and all other documents and instruments submitted to approve PlansLender, will be exercised and taken by Lender and any of Lender's agents or independent contractors retained by Lender for Lender’s such purposes as aforesaid for their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor any of Lender's agents or independent contractors shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein authorized or taken by Lender or with respect to the proper construction of the Improvements on the Property, performance of contracts, subcontracts such agents or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyindependent contractors. Any review, investigation or inspection conducted by Lender, Lender or any architectural agent or engineering consultants retained by representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance the Closing of the Loan under this Agreement, Borrower’s 's performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or under any of the other Loan Documents, or the validity truth of any representations and warranties made by Borrower hereunder or under any of the other Loan Documents (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (a) any of Borrower’s representations and warranties under this Agreement or Lender’s reliance thereon or (b) Lender’s reliance upon any certifications of Borrower or the Contractor required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.by

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the Property, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants or representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents or Facility Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by Lender representative of Lender, in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations Loan Obligations and/or Facility Obligations of Borrower under this Agreement, Agreement or any of the other Loan Documents or Facility Documents or the validity of any representations and warranties made by Borrower hereunder or any other 64 72 party (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements agreements, Loan Obligations or obligations Facility Obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents or Facility Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Facility Documents or Lender’s 's reliance thereon thereon, or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loans. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Property or the Collateral, and Borrower shall rely entirely upon their own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any third party is entitled to rely thereon.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, including, without limitation, actions to inspect the PropertyProject, to procure waivers or sworn statements, and to approve contracts, subcontracts and purchase orders, and to approve Plans, will be exercised and taken by Lender and by Lender's other advisors or representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other person for any purposes whatever; and . Neither Lender nor any other advisor or representative of Lender shall not be deemed to have assumed any responsibility to Borrower or any other person with respect to any such action herein authorized or taken by Lender or any other advisor or representative of Lender or with respect to the proper construction of the Improvements improvements on the PropertyProject, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ ' liens from being claimed or asserted against any of the PropertyProject. Any review, investigation or inspection conducted by Lender, or any other architectural or engineering consultants retained by Lender or any agent or representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance Loan disbursements under this Agreement, Borrower’s 's performance of any of the covenants, agreements and obligations of Borrower under this Agreement, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (ai) any of Borrower’s 's representations and warranties under this Agreement or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or the Contractor Architect required under this Agreement or any other facts, information or reports furnished to Lender by Borrower hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the Property, to procure waivers or sworn statementsProject, to approve contracts, subcontracts and purchase orders, all other documents and instruments submitted to approve PlansLender, will be exercised and taken by Lender for and any of Lender’s agents or independent contractors retained by Lender for such purposes as aforesaid for their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor any of Lender’s agents or independent contractors shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein authorized or taken by Lender or with respect to the proper construction of the Improvements on the Property, performance of contracts, subcontracts such agents or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyindependent contractors. Any review, investigation or inspection conducted by Lender, Lender or any architectural agent or engineering consultants retained by representative of Lender in order to verify independently Borrower’s satisfaction of any conditions precedent to Advance the closing of the Loan under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or under any of the other Loan Documents, or the validity truth of any representations and warranties made by Borrower hereunder or under any of the other Loan Documents (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), shall not affect (or constitute a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or Lender’s reliance thereon thereon, or (bii) Lender’s reliance upon any certifications of Borrower or the Contractor any other person or entity required under this Agreement or any other facts, information or reports furnished to Lender by Borrower or other parties hereunder.

Lender's Action for its Own Protection Only. The authority herein conferred upon Lender, and any action taken by Lender, to inspect the Property, to procure waivers review and/or approve all documents and instruments submitted to Lender, or sworn statements, to approve contracts, subcontracts and purchase orders, and to approve Plansotherwise, will be exercised and taken by Lender and by Lender's employees, agents, consultants and representatives for Lender’s their own protection only and may not be relied upon by Borrower or any other party for any purposes whatever; and neither Lender nor Lender's employees, agents, consultants and representatives shall not be deemed to have assumed any responsibility to Borrower or any other party with respect to any such action herein or under any of the other Loan Documents authorized or to be taken by Lender or with respect to the proper construction of the Improvements on the PropertyLender's employees, performance of contracts, subcontracts or purchase orders by any contractor, subcontractor or material supplier, or prevention of mechanics’ liens from being claimed or asserted against any of the Propertyagents and representatives. Any review, investigation or inspection conducted by Lender, any architect, engineer or other consultant retained by Lender, or any architectural agent or engineering consultants retained by representative of Lender in order to verify independently Borrower’s 's satisfaction of any conditions precedent to Advance under this Agreement, Borrower’s performance of any of the covenants, agreements and obligations of Borrower under this AgreementAgreement or any of the other Loan Documents, or the validity of any representations and warranties made by Borrower hereunder (regardless of whether or not the party conducting such review, investigation or inspection shall should have discovered that any of such conditions precedent were not satisfied or that any such covenants, agreements or obligations were not performed or that any such representations or warranties were not true), ) shall not affect (or constitute constitute, except as may specifically be provided in this Agreement or in the other Loan Documents to the contrary, a waiver by Lender of) (ai) any of Borrower’s representations and warranties under this Agreement or the other Loan Documents or Lender’s 's reliance thereon or (bii) Lender’s 's reliance upon any certifications of Borrower or any other party in connection with the Contractor required under this Agreement Loan, or any other facts, information or reports furnished to Lender by Borrower hereunderor any other party in connection with the Loan. Lender neither undertakes nor assumes any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Property, and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Lender in connection with such matters is for the protection of Lender only and neither Borrower nor any third party is entitled to rely thereon.