Common use of Liability of the Lender Clause in Contracts

Liability of the Lender. None of the Administrative Agent, any Lender nor any of their officers, directors, employees, representatives or agents shall be liable or responsible for (i) the use which may be made of any Advances, any Loans or this Agreement or for any acts, omissions, errors, interruptions, delays in transmission, dispatch or delivery of any message or advice, however transmitted, of the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (ii) any action, inaction or omission which may be taken by the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (iii) the validity, sufficiency or genuineness of documents, or of any endorsements thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged, (iv) payment by the Admi ni strative Agent agai nst presentati on of documents which do not comply with the terms of this Agreement or a Request for Advance, including failure of any documents to bear any reference or adequate reference to thi s Agreement, or (v) any other ci rcumstances whatsoever i n making or failing to make payment under this Agreement or pursuant to a Request for Advance, except for acts or events described in the immediately preceding clauses (i) through (v), to the extent, but only to the extent, of any direct, as opposed to special, indirect, consequential or punitive, damages (the right to receive special, indirect, consequential or punitive damages being hereby waived) suffered by it which the Authority proves were caused by (y) the Administrative Agent’s willful misconduct or gross negligence in determining whether documents presented under thi s Agreement comply with the terms of thi s Agreement or (z) the Admi ni strative Agent’s failure to pay hereunder after the presentation to it of a Request for Advance strictly complying with the terms and conditions of this Agreement. The Authority further agrees that any action taken or omitted by the Administrative Agent or either Lender under or in connection with this Agreement or the related draft or documents, if done without willful misconduct or gross negligence, shall be effective against the Authority as to the rights, duties and obligations of the Administrative Agent and such Lender and shall not place the Administrative Agent or any such Lender under any liability to the Authority. In furtherance and not in limitation of the foregoi ng, the Admi ni strative Agent may accept documents that appear on thei r face to be i n order, without responsi bility for further i nvesti gati on, regard ess of any noti ce or i nformati on to the contrary. ^8-

Liability of the Lender. None of Neither the Administrative Agent, any Lender nor any of their its officers, directors, employees, representatives or agents shall be liable or responsible for (i) the use which may be made of any Advances, any Loans or this Agreement or for any acts, omissions, errors, interruptions, delays in transmission, dispatch or delivery of any message or advice, however transmitted, of the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Notethe Notes, (ii) any action, inaction or omission which may be taken by the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Notethe Notes, (iii) the validity, sufficiency or genuineness of documents, or of any endorsements thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged, (iv) payment by the Admi ni strative Agent agai nst presentati on Lender against presentation of documents which do not comply with the terms of this Agreement or a Request for Advance, including failure of any documents to bear any reference or adequate reference to thi s this Agreement, or (v) any other ci rcumstances circumstances whatsoever i n in making or failing to make payment under this Agreement or pursuant to a Request for Advance, except for acts or events described in the immediately preceding clauses (i) through (v), to the extent, but only to the extent, of any direct, as opposed to special, indirect, consequential or punitive, damages (the right to receive special, indirect, consequential or punitive damages being hereby waived) suffered by it which the Authority proves were caused by (y) the Administrative AgentLender’s willful misconduct or gross negligence in determining whether documents presented under thi s this Agreement comply with the terms of thi s this Agreement or (z) the Admi ni strative AgentLender’s failure to pay hereunder after the presentation to it of a Request for Advance strictly complying with the terms and conditions of this Agreement. The Authority further agrees that any action taken or omitted by the Administrative Agent or either Lender under or in connection with this Agreement or the related draft or documents, if done without willful misconduct or gross negligence, shall be effective against the Authority as to the rights, duties and obligations of the Administrative Agent and such Lender and shall not place the Administrative Agent or any such Lender under any liability to the Authority. In furtherance and not in limitation of the foregoi ngforegoing, the Admi ni strative Agent Lender may accept documents that appear on thei r their face to be i n in order, without responsi bility responsibility for further i nvesti gati oninvestigation, regard ess regardless of any noti ce notice or i nformati on information to the contrary. ^8-.

Liability of the Lender. None of the Administrative Agent, any Lender nor any of their officers, directors, employees, representatives or agents shall be liable or responsible for (i) the use which may be made of any Advances, any Loans or this Agreement or for any acts, omissions, errors, interruptions, delays in transmission, dispatch or delivery of any message or advice, however transmitted, of the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (ii) any action, inaction or omission which may be taken by the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (iii) the validity, sufficiency or genuineness of documents, or of any endorsements thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged, (iv) payment by the Admi ni strative Agent agai nst presentati on Lender against presentation of documents which do not comply with the terms of this Agreement or a Request for Advance, including failure of any documents to bear any reference or adequate reference to thi s this Agreement, or (v) any other ci rcumstances circumstances whatsoever i n in making or failing to make payment under this Agreement or pursuant to a Request for Advance, except for acts or events described in the immediately preceding clauses (i) through (viv), to the extent, but only to the extent, of any direct, as opposed to special, indirect, consequential or punitive, damages (the right to receive special, indirect, consequential or punitive damages being hereby waived) suffered by it which the Authority proves were caused by (y) the Administrative AgentLender’s willful misconduct or gross negligence in determining whether documents presented under thi s this Agreement comply with the terms of thi s this Agreement or (z) the Admi ni strative AgentLender’s failure to pay hereunder after the presentation to it of a Request for Advance strictly complying with the terms and conditions of this Agreement. The Authority further agrees that any action taken or omitted by the Administrative Agent or either Lender under or in connection with this Agreement or the related draft or documents, if done without willful misconduct or gross negligence, shall be effective against the Authority as to the rights, duties and obligations of the Administrative Agent and such Lender and shall not place the Administrative Agent or any such Lender under any liability to the Authority. In furtherance and not in limitation of the foregoi ngforegoing, the Admi ni strative Agent Lender may accept documents that appear on thei r their face to be i n in order, without responsi bility responsibility for further i nvesti gati oninvestigation, regard ess regardless of any noti ce notice or i nformati on information to the contrary. ^8-.

Liability of the Lender. None of the Administrative Agent, any Lender nor any of their officers, directors, employees, representatives or agents shall be liable or responsible for (i) the use which may be made of any Advances, any Loans or this Agreement or for any acts, omissions, errors, interruptions, delays in transmission, dispatch or delivery of any message or advice, however transmitted, of the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (ii) any action, inaction or omission which may be taken by the Administrative Agent or either Lender in connection with this Agreement, any Advances, any Loans or any Bank Note, (iii) the validity, sufficiency or genuineness of documents, or of any endorsements thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged, (iv) payment by the Admi ni strative Agent agai nst presentati on of documents which do not comply with the terms of this Agreement or a Request for Advance, including failure of any documents to bear any reference or adequate reference to thi s Agreement, or (v) any other ci rcumstances whatsoever i n making or failing to make payment under this Agreement or pursuant to a Request for Advance, except for acts or events described in the immediately preceding clauses (i) through (v), to the extent, but only to the extent, of any direct, as opposed to special, indirect, consequential or punitive, damages (the right to receive special, indirect, consequential or punitive damages being hereby waived) suffered by it which the Authority proves were caused by (y) the Administrative Agent’s willful misconduct or gross negligence in determining whether documents presented under thi s Agreement comply with the terms of thi s Agreement or (z) the Admi ni strative xxxxxxxx Agent’s failure to pay hereunder after the presentation to it of a Request for Advance strictly complying with the terms and conditions of this Agreement. The Authority further agrees that any action taken or omitted by the Administrative Agent or either Lender under or in connection with this Agreement or the related draft or documents, if done without willful misconduct or gross negligence, shall be effective against the Authority as to the rights, duties and obligations of the Administrative Agent and such Lender and shall not place the Administrative Agent or any such Lender under any liability to the Authority. In furtherance and not in limitation of the foregoi ng, the Admi ni strative Agent may accept documents that appear on thei r face to be i n order, without responsi bility for further i nvesti gati on, regard ess of any noti ce or i nformati on to the contrary. ^8-