Common use of Liability of the Lender Clause in Contracts

Liability of the Lender. No action shall be commenced by the Borrower or Guarantor for any claim against the Lender under the terms of this Agreement unless written notice thereof, specifically setting forth the claim of the Borrower, shall have been given to the Lender at least fifteen (15) Business Days prior to the commencement of such action. The liability of the Lender to the Borrower and Guarantor for any breach of the terms of this Agreement by the Lender shall not exceed a sum equal to the amount which the Lender shall be determined to have failed to Advance in consequence of a breach by the Lender of its obligations under this Agreement, together with interest thereon at the rate payable by the Borrower under the terms of the Note for Advances which the Borrower is to receive hereunder, computed from the date when the Advance should have been made by the Lender to the date when the Advance is, in fact, made by the Lender and upon the making of any such payment by the Lender to the Borrower, the same shall be treated as an Advance under this Agreement, in the same fashion as any other Advance under the terms of this Agreement. In no event shall the Lender be liable to the Borrower and/or Guarantor, or anyone claiming by, under or through the Borrower and/or Guarantor, for any special, exemplary, punitive or consequential damages, whatever the nature­ of the breach of the terms of this Agreement by the Lender, such damages and claims therefore being expressly waived by the Bor­rower and Guarantor.

Liability of the Lender. No action shall be commenced by the Borrower or Guarantor for any claim against the Lender under the terms of this Agreement unless written notice thereof, specifically setting forth the claim of the Borrower, shall have been given to the Lender at least fifteen (15) Business Days prior to the commencement of such action. The liability of the each Lender to the Borrower and Guarantor for any breach of the terms of this Agreement by the such Lender shall not exceed a sum equal to the amount which the that such Lender shall be determined to have failed to Advance advance in consequence of a breach by the such Lender of its obligations under this Agreement, together with interest thereon at the rate payable by the Borrower under the terms of the such Lender's Note for Advances pursuant to which the Borrower is was to receive funds hereunder, computed from the date when the Advance Revolving Credit Loan should have been made by the such Lender to the date when the Advance Revolving Credit Loan is, in fact, made by the Lender and such Lender, and, upon the making of any such payment by the such Lender to the Borrower, the same shall be treated as an Advance a Revolving Credit Loan under this Agreement, in the same fashion as any other Advance Revolving Credit Loan under the terms of this Agreement. In no event shall the any Lender be liable to the Borrower and/or GuarantorBorrower, or anyone claiming by, under or through the Borrower and/or GuarantorBorrower, for any special, exemplary, punitive or consequential damages, whatever the nature­ nature of the breach of the terms of this Agreement by the any Lender, such damages and claims therefore therefor being expressly waived WAIVED by the Bor­rower and GuarantorBorrower. Nothing in this Section is intended to waive the Borrower's right to seek direct damages resulting from a Lender's breach of its obligations under this Agreement.

Liability of the Lender. No action shall be commenced by the Borrower or Guarantor for any claim against the Lender under the terms of this Agreement unless written notice thereof, specifically setting forth the claim of the Borrower, shall have been given to the Lender at least fifteen (15) Business Days prior to the commencement of such action. The liability of the Lender to the Borrower and Guarantor for any breach of the terms of this Agreement by the Lender shall not exceed a sum equal to the amount which the Lender shall be determined to have failed to Advance advance in consequence of a breach by the Lender of its obligations under this Agreement, together with interest thereon at the rate payable by the Borrower under the terms of the Note for Advances which the Borrower is to receive hereunder, computed from the date when the Advance should have been made by the Lender to the date when the Advance is, in fact, made by the Lender and Lender, and, upon the making of any such payment by the Lender to the Borrower, the same shall be treated as an Advance under this Agreement, in the same fashion as any other Advance under the terms of this Agreement. In no event shall the Lender be liable to the Borrower and/or GuarantorBorrower, or anyone claiming by, under or through the Borrower and/or GuarantorBorrower, for any special, exemplary, punitive or consequential damages, whatever the nature­ nature of the breach of the terms of this Agreement by the Lender, such damages and claims therefore therefor being expressly waived WAIVED by the Bor­rower Borrower. Notwithstanding the foregoing, Borrower agrees that no action shall be commenced by Borrower for any claim of any kind against the Lender under or in connection with this Agreement unless written notice specifically setting forth the claim of Borrower shall have been given to the Lender within thirty (30) days after the occurrence of the event which Borrower alleges gives rise to such claims, and Guarantorfailure to give such notice shall constitute a WAIVER of any such claim.

Liability of the Lender. No action shall be commenced by the Borrower or Guarantor for any claim against the Lender under the terms of this Agreement unless written notice thereof, specifically setting forth the claim of the Borrower, shall have been given to the Lender at least fifteen (15) Business Days prior to the commencement of such action. The liability of the Lender to the Borrower and Guarantor for any breach of the terms of this Agreement by the Lender shall not exceed a sum equal to the amount which the Lender shall be determined to have failed to Advance advance in consequence of a breach by the Lender of its obligations under this Agreement, together with interest thereon at the rate payable by the Borrower under the terms of the Note for Advances which the Borrower is to receive hereunder, computed from the date when the Advance should have been made by the Lender to the date when the Advance is, in fact, made by the Lender and Lender, and, upon the making of any such payment by the Lender to the Borrower, the same shall be treated as an Advance under this Agreement, in the same fashion as any other Advance under the terms of this Agreement. In no event shall the Lender be liable to the Borrower and/or GuarantorBorrower, or anyone claiming by, under or through the Borrower and/or GuarantorBorrower, for any special, exemplary, punitive or consequential damages, whatever the nature­ nature of the breach of the terms of this Agreement by the Lender, such damages and claims therefore therefor being expressly waived WAIVED by the Bor­rower Borrower. Notwithstanding the foregoing, Borrower agrees that no action shall be commenced by Borrower for any claim of any kind against the Lender under or in connection with this Agreement unless written notice specifically setting forth the claim of Borrower shall have been given to the Lender within ninety (90) days after the occurrence of the event which Borrower alleges gives rise to such claims, and Guarantorfailure to give such notice shall constitute a WAIVER of any such claim.

Liability of the Lender. No action shall be commenced by the Borrower or Guarantor for any claim against the Lender under the terms of this Agreement unless written notice thereof, specifically setting forth the claim of the Borrower, shall have been given to the Lender at least fifteen (15) Business Days prior to the commencement of such action. The liability of the Lender to the Borrower and Guarantor for any breach of the terms of this Agreement by the Lender shall not exceed a sum equal to the amount which the Lender shall be determined to have failed to Advance in consequence of a breach by the Lender of its obligations under this Agreement, together with interest thereon at the rate payable by the Borrower under the terms of the Note for Advances which the Borrower is to receive hereunder, computed from the date when the Advance should have been made by the Lender to the date when the Advance is, in fact, made by the Lender and upon the making of any such payment by the Lender to the Borrower, the same shall be treated as an Advance under this Agreement, in the same fashion as any other Advance under the terms of this Agreement. In no event shall the Lender be liable to the Borrower and/or Guarantor, or anyone claiming by, under or through the Borrower and/or Guarantor, for any special, exemplary, punitive or consequential damages, whatever the nature­ nature of the breach of the terms of this Agreement by the Lender, such damages and claims therefore being expressly waived by the Bor­rower Borrower and Guarantor.