Lender's Duty of Care. Lender has no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests or agrees to in writing, provided that no failure to comply with any such request nor any omission to do any such act requested by the Borrower may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is borne by Borrower except to the extent Lender breaches the standard of care set forth in this Section 5.5.
Appears in 6 contracts
Samples: Loan and Security Agreement (Physician Health Corp), Loan and Security Agreement (Physician Health Corp), Loan and Security Agreement (Physician Health Corp)
Lender's Duty of Care. Lender has shall have no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will shall be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests shall request or agrees agree to in writing, writing provided that no failure to comply with any such request nor any omission to do any such act requested by the Borrower may shall be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may shall not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is shall be borne by Borrower except to the extent Lender breaches the standard of care set forth in this Section 5.5Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (American Shared Hospital Services), Loan and Security Agreement (American Shared Hospital Services), Loan and Security Agreement (American Shared Hospital Services)
Lender's Duty of Care. Lender has shall have no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will shall be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests shall request or agrees agree to in writing, writing provided that no neither failure to comply with any such request nor any omission to do any such act requested by the Borrower may shall be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may shall not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is shall be borne by Borrower except to the extent Lender breaches the standard of care set forth in this Section 5.5Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Clixhealth Com Inc), Loan and Security Agreement (Diametrics Medical Inc)
Lender's Duty of Care. Lender has no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests or agrees to in writing, provided that no failure to comply with any such request nor any omission to do any such act requested by the Borrower may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is borne by Borrower Borrower, except to the extent Lender breaches the standard of care set forth in this Section 5.57.2.
Appears in 1 contract
Samples: Loan and Security Agreement (Physician Health Corp)
Lender's Duty of Care. Lender has shall have no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will shall be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests shall request or agrees agree to in writing, writing provided that no neither failure to comply with any such request nor any omission to do any such act requested by the Borrower may shall be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may shall not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All A@11 risk, loss, damage or destruction of the Collateral is shall be borne by Borrower except to the extent Lender breaches the standard of care set forth in this Section 5.5Borrower.
Appears in 1 contract
