Common use of Lender’s Consent Clause in Contracts

Lender’s Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of judgment of Lender is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Lender and free from any limitation or requirement of reasonableness if the matter which gives rise to the need for the approval, consent or exercise of judgment relates to the construction of the Improvements, and within the reasonable discretion of Lender if the matter which gives rise to the need for the approval, consent or exercise of judgment does not relate to the construction of the Improvements; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Lender. Notwithstanding any approvals or consents by c:\wp50\NBPLASMA.020\95.5042\081195\NBMISC#12\MJC\MS Construction Loan Agreement 8 Lender, Lender has no obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction of the Improvements. Lender's acceptance of an assignment of the Plans shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Lender shall be for Lender's protection only, and shall not constitute any assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's obligations. Borrower or the Contractor has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Lender has no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Lender shall not be liable or responsible for any defect in the Property or the Improvements, the performance or default of Borrower, Borrower's or Contractor's architect, engineer, contractor, the Construction Consultant, or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower or Contractor whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Inspection shall not constitute an acknowledgment or representation by Lender or the Construction Consultant that there has been or will be compliance with the Plans, Loan Documents, applicable laws and governmental requirements or that the construction is free from defective materials or workmanship. Inspection whether or not followed by notice of Default shall not constitute a waiver of any Default then existing, or a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans, Loan Documents, applicable laws, and governmental requirements. Lender's failure to inspect shall not constitute a waiver of any of Lender's rights under the Loan Documents or at law or in equity.

Lender’s Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of judgment of Lender Lenders is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Lender and free from any limitation or requirement of reasonableness if the matter Lenders which gives rise to the need for the approval, consent or exercise of judgment relates to the construction of the Improvements, and within the discretion shall be exercised in a reasonable discretion of Lender if the matter which gives rise to the need for the approval, consent or exercise of judgment does not relate to the construction of the Improvementsmanner; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Lender. Notwithstanding any approvals or consents by c:\wp50\NBPLASMA.020\95.5042\081195\NBMISC#12\MJC\MS Construction Loan Agreement 8 LenderAgent or Lenders, neither Agent nor Lender has no any obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction of the Improvements. LenderAgent's acceptance of an assignment of the Plans on behalf of Lenders shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Lender Lenders shall be for Lender's Lenders' protection only, and shall not constitute any assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's obligations. Borrower or the Contractor has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Lender has Lenders have no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Lender Lenders shall not be liable or responsible for any defect in the Property or the Improvements, the performance or default of Borrower, Borrower's or Contractor's architect, engineer, contractorGeneral Contractor, the Construction Consultant, or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower or Contractor whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by LenderLenders. Inspection shall not constitute an acknowledgment or representation by Lender Lenders or the Construction Consultant that there has been or will be compliance with the Plans, Loan Documents, applicable laws and governmental requirements or that the construction is free from defective materials or workmanship. Inspection whether or not followed by notice of Default shall not constitute a waiver of any Default then existing, or a waiver of Lender's Lenders' right thereafter to insist that the Improvements be constructed in accordance with the Plans, Loan Documents, applicable laws, and governmental requirements. Lender's Lenders' failure to inspect shall not constitute a waiver of any of Lender's Lenders' rights under the Loan Documents or at law or in equity.

Lender’s Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of judgment of Lender is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Lender and free from any limitation or requirement of reasonableness if the matter which gives rise to the need for the approval, consent or exercise of judgment relates to the construction of the Improvements, and within the reasonable discretion of Lender if the matter which gives rise to the need for the approval, consent or exercise of judgment does not relate to the construction of the Improvements; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Lender. Notwithstanding any approvals or consents by c:\wp50\NBPLASMA.020\95.5042\081195\NBMISC#12\MJC\MS Construction Loan Agreement 8 Lender, Lender has no obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction of the Improvements. Lender's acceptance of an assignment of the Plans shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Lender shall be for Lender's protection only, and shall not constitute any assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's obligations. Borrower or the Contractor has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Lender has no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Lender shall not be liable or responsible for any defect in the Property or the Improvements, the performance or default of Borrower, Borrower's or Contractor's architect, engineer, contractor, the Construction Consultant, or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower or Contractor whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Inspection shall not constitute an acknowledgment or representation by Lender or the Construction Consultant that there has been or will be compliance with the Plans, Loan Documents, applicable laws and governmental requirements or that the construction is free from defective materials or workmanship. Inspection whether or not followed by notice of Default shall not constitute a waiver of any Default then existing, or a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans, Loan Documents, applicable laws, and governmental requirements. Lender's failure to inspect shall not constitute a waiver of any of Lender's rights under the Loan Documents or at law or in equity.

Lender’s Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Lender’s judgment of Lender is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Lender and free from any limitation or requirement of reasonableness if the matter which gives rise to the need for the approval, consent or exercise of judgment relates to the construction of the Improvements, and within the reasonable discretion of Lender if the matter which gives rise to the need for the approval, consent or exercise of judgment does not relate to the construction of the Improvements; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Lender. Notwithstanding any approvals or consents by c:\wp50\NBPLASMA.020\95.5042\081195\NBMISC#12\MJC\MS Construction Loan Agreement 8 Lender, Lender has no obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction construction, use, occupancy and operation of the Improvements. Lender's acceptance of an assignment of the Plans shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Lender shall be for Lender's ’s protection only, and shall not constitute any an assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's ’s obligations. Borrower or the Contractor has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Lender has no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of the existence of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Lender shall not be liable or responsible for for, and Borrower shall indemnify Lender from and against any claim, action, loss or cost (including attorney’s fees and costs) arising from or relating to (i) any defect in the Property or the Improvements, (ii) the performance or default of Borrower, Borrower's or Contractor's architect’s surveyors, engineerarchitects, contractorengineers, the Construction Consultantcontractors, or any other partyperson, or for (iii) any failure to construct, complete, protect or insure the Improvements, or for (iv) the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for (v) the performance of any obligation of Borrower or Contractor whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Inspection shall not constitute an acknowledgment or representation by Lender or the Construction Consultant that there has been or will be compliance with the Plans, the Loan Documents, or applicable laws and laws, governmental requirements and restrictive covenants, or that the construction is free from defective materials or workmanship. Inspection Inspection, whether or not followed by notice of Default Default, shall not constitute a waiver of any Default then existing, or a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans, the Loan Documents, and all applicable laws, governmental requirements and governmental requirementsrestrictive covenants. Lender's ’s failure to inspect shall not constitute a waiver of any of Lender's ’s rights under the Loan Documents or at law or in equity.

Lender’s Consent. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Lender’s judgment of Lender is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (a) within the sole discretion of Lender and free from any limitation or requirement of reasonableness if the matter which gives rise to the need for the approval, consent or exercise of judgment relates to the construction of the Improvements, and within the reasonable discretion of Lender if the matter which gives rise to the need for the approval, consent or exercise of judgment does not relate to the construction of the ImprovementsLender; and (b) deemed to have been given only by a specific writing intended for the purpose given and executed by Lender; and (c) free from any limitation or requirement of reasonableness. Notwithstanding any approvals or consents by c:\wp50\NBPLASMA.020\95.5042\081195\NBMISC#12\MJC\MS Construction Loan Agreement 8 Lender, Lender has no obligation or responsibility whatsoever for the adequacy, form or content of the Plans, the Budget, any contract, any change order, any lease, or any other matter incident to the Property or the construction of the Improvements. Lender's ’s acceptance of an assignment of the Plans shall not constitute approval of the Plans. Any inspection or audit of the Property or the books and records of Borrower, or the procuring of documents and financial and other information, by or on behalf of Lender shall be for Lender's ’s protection only, and shall not constitute any an assumption of responsibility to Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property, or relieve Borrower of any of Borrower's ’s obligations. Borrower or the Contractor has selected all surveyors, architects, engineers, contractors, materialmen and all other persons or entities furnishing services or materials to the Project. Lender has no duty to supervise or to inspect the Property or the construction of the Improvements nor any duty of care to Borrower or any other person to protect against, or inform Borrower or any other person of the existence of, the existence of negligent, faulty, inadequate or defective design or construction of the Improvements. Lender shall not be liable or responsible for for, and Borrower shall indemnify Lender for, from and against any claim, action, loss or cost (including attorney’s fees and costs) arising from or relating to (i) any defect in the Property or the Improvements, (ii) the performance or default of Borrower, Borrower's or Contractor's architect’s surveyors, engineerarchitects, contractorengineers, contractors, the Construction Consultant, or any other partyperson, or for (iii) any failure to construct, complete, protect or insure the Improvements, or for (iv) the payment of costs of labor, materials, or services supplied for the construction of the Improvements, or for (v) the performance of any obligation of Borrower or Contractor whatsoever. Nothing, including any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Inspection shall not constitute an acknowledgment or representation by Lender or the Construction Consultant that there has been or will be compliance with the Plans, the Loan Documents, or applicable laws and laws, governmental requirements and restrictive covenants, or that the construction is free from defective materials or workmanship. Inspection Inspection, whether or not followed by notice of Default Default, shall not constitute a waiver of any Default then existing, or a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans, the Loan Documents, and all applicable laws, governmental requirements and governmental requirementsrestrictive covenants. Lender's ’s failure to inspect shall not constitute a waiver of any of Lender's ’s rights under the Loan Documents or at law or in equity.