Liability of the Lenders. The Borrower assumes all risks of the acts or omissions of each beneficiary or transferee of the Letters of Credit with respect to their use of the Letters of Credit. None of the Issuing Lender, the Administrative Agent, the Lenders nor any of their respective officers or directors shall be liable or responsible for: (a) the use which may be made of the Letters of Credit or any acts or omissions of each beneficiary or transferee in connection therewith; (b) the validity, sufficiency or genuineness of documents, or of any endorsement thereon, even if such documents should prove to be in any or all respects invalid, insufficient, fraudulent or forged; (c) payment by the Issuing Lender against presentation of documents which do not comply with the terms of the Letters of Credit, including failure of any documents to bear any reference or adequate reference to the Letters of Credit; or (d) any other circumstances whatsoever in making or failing to make payment under the Letters of Credit, except that the Borrower shall have a claim against the Issuing Lender and the Issuing Lender shall be liable to the Borrower, to the extent of any direct, as opposed to consequential, damages suffered by the Borrower which the Borrower proves were caused by (i) the Issuing Lender’s willful misconduct or gross negligence in determining whether documents presented under the Letters of Credit are genuine or comply with the terms of the Letters of Credit or (ii) the Issuing Lender’s willful or grossly negligent failure, as determined by a court of competent jurisdiction, to make lawful payment under the Letters of Credit after the presentation to it of a certificate strictly complying with the terms and conditions of the Letters of Credit. In furtherance and not in limitation of the foregoing, the Issuing Lender may accept original or facsimile (including telecopy) certificates presented under the Letters of Credit that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.
Liability of the Lenders. The Lenders shall in no event be responsible or liable to any person other than the Borrowers for the disbursement of or failure to disburse the Loan proceeds or any part thereof and neither the General Contractor nor any subcontractor, laborer or material supplier shall have any right or claim against the Lenders under this Agreement or the administration thereof. No Lender shall be liable to the Borrowers for the failure of any other Lender to fund its ratable portion of any advance pursuant to the Agency Agreement.
Liability of the Lenders. The Guarantor hereby agrees that the Lenders shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lenders in making examinations, investigations or collections, or otherwise in perfecting, maintaining, protecting or realizing upon any lien or security interest or any other interest in the Collateral or other security for the Obligations. By inspecting the Collateral or any other properties of the Borrowers or by accepting or approving anything required to be observed, performed or fulfilled by the Borrowers or to be given to the Lenders pursuant to this Agreement or any of the other Financing Documents, the Lenders shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lenders.
Liability of the Lenders. No Lender shall be liable for another Lender's failure to fund its ratable share of any advance under the Loan. The Lenders shall not be liable for any other act or omission by the Lenders, or any of them, pursuant to the provisions of this Agreement in the absence of fraud or gross negligence. The Lenders shall incur no liability to the Borrowers or any other party in connection with the acts or omissions of any of the Lenders in reliance upon any certificate or other paper believed by the Lenders to be genuine or with respect to any other thing which the Lenders may do or refrain from doing, unless such act or omission amounts to fraud or gross negligence. The Borrowers hereby agree that the Lenders shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lenders, or any of them, (except for the gross negligence or willful misconduct of any person, corporation, partnership or other entity employed by any of the Lenders) in making examinations, investigations or collections, or otherwise in perfecting, maintaining, protecting or realizing upon any lien or security interest or any other interest in the Collateral or other security for the Obligations. The Borrowers, jointly and severally as to the applicable Facility Owner Obligations, shall indemnify, defend and hold the Lenders and their successors and assigns harmless from and against any and all claims, demands, suits, losses, damages, assessments, fines, penalties, costs or other expenses (including reasonable attorney's fees and court costs) arising from or in connection with this Agreement. Any indemnity provision for the benefit of the Lenders set forth herein or in any of the Financing Documents shall extend to any other lender who becomes a Lender under the Credit Facility. The provisions of this Section shall survive the termination of the Credit Facility.
Liability of the Lenders. 77 SECTION 11.17
Liability of the Lenders. 42 SECTION 4.10 COMPUTATION OF INTEREST AND FEES..............................42 SECTION 4.11 LIENS; SETOFF.................................................42 SECTION 4.12 PAYMENT AND PERFORMANCE OF OBLIGATIONS........................43 SECTION 4.13 PAYMENTS TO OTHERS FOR THE ACCOUNT OF THE BORROWERS...........43 SECTION 4.14 PREPAYMENT....................................................44 SECTION 4.15
Liability of the Lenders. The contractual position assumed by the Lenders under this Agreement is of a joint but not several nature (mancomunada) and, accordingly their rights and obligations hereunder are totally independent. In the event that any Lender breaches any of the obligations assumed by virtue of this Agreement, such breach shall not increase the obligations assumed by the rest of the Lenders, nor shall any such breach affect the obligations of the Obligors or release any of the Obligors from any of their own obligations hereunder (and without prejudice to the actions and exceptions that may correspond to the Obligors vis-a-vis the defaulting Lender(s)). Save to the extent otherwise provided for in any Finance Document, (i) any of the Lenders may take out-of-court actions directed towards the conservation and defence of its own rights and those of the other Lenders; and (ii) a Lender, however, may only exercise its own rights through the courts (and not those of any other Lender).
Liability of the Lenders. The Lenders shall in no event be responsible or liable to any person other than the Borrowers for the disbursement of or failure to disburse the Loan proceeds or any part thereof and neither the General Contractor nor any subcontractor, laborer or material supplier shall have any right or claim against the Lenders under this Agreement or the administration thereof. Neither the Agent, any of the other Lenders nor any Inspecting Engineer shall be responsible or liable for the construction methods or the quality of construction employed in connection with a Facility or for any construction defects but are merely reviewing construction or causing it to be reviewed in connection with the verification of Costs Incurred to Date. Furthermore, all verification of Costs Incurred to Date shall be for the sole benefit of Agent and Lenders and neither any Borrower nor any other third party shall have the right to rely thereon, and it shall be the sole responsibility of the Borrowers and not the responsibility of the Lenders or the Agent to apply any Loan funds to the payment of such costs.
Liability of the Lenders. AS BETWEEN THE LENDERS AND DART, DART, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASSUMES ALL RISKS OF THE ACTS OR OMISSIONS OF THE ISSUING AND PAYING AGENT AND THE DEALERS WITH RESPECT TO THE USE OF ANY MONEY MADE AVAILABLE BY THE LENDERS IN ACCORDANCE WITH THIS AGREEMENT. NONE OF THE LENDERS NOR ANY OF THEIR OFFICERS OR DIRECTORS SHALL BE LIABLE OR RESPONSIBLE FOR (a) THE USE WHICH MAY BE MADE OF ANY MONEY MADE AVAILABLE BY THE LENDERS IN ACCORDANCE WITH THIS AGREEMENT OR FOR ANY ACTS OR OMISSIONS OF THE ISSUING AND PAYING AGENT AND THE DEALERS IN CONNECTION THEREWITH, (b) THE VALIDITY, SUFFICIENCY, OR GENUINENESS OF ANY 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, (c) PAYMENT BY A LENDER AGAINST PRESENTATION OF DOCUMENTS WHICH DO NOT STRICTLY COMPLY WITH THE TERMS OF THIS AGREEMENT, AND (d) ANY OTHER CIRCUMSTANCES WHATSOEVER IN MAKING OR FAILING TO MAKE PAYMENT UNDER THIS AGREEMENT, EXCEPT ONLY THAT DART SHALL HAVE A CLAIM AGAINST A LENDER, AND THE LENDER SHALL BE LIABLE TO DART, TO THE EXTENT, BUT ONLY TO THE EXTENT, OF ANY DIRECT, AS OPPOSED TO CONSEQUENTIAL OR PUNITIVE, DAMAGES SUFFERED BY DART WHICH DART PROVES WERE CAUSED BY (i) SUCH LENDER’S NEGLIGENCE OR WILLFUL MISCONDUCT IN DETERMINING WHETHER DOCUMENTS PRESENTED UNDER THIS AGREEMENT COMPLY WITH THE TERMS OF THIS AGREEMENT OR (ii) SUCH LENDER’S WILLFUL FAILURE TO PAY UNDER THIS AGREEMENT AFTER THE PRESENTATION TO IT BY AN AUTHORIZED REPRESENTATIVE OF DOCUMENTS STRICTLY COMPLYING WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN FURTHERANCE, AND NOT IN LIMITATION OF THE FOREGOING, A LENDER MAY ACCEPT DOCUMENTS THAT APPEAR ON THEIR FACE TO BE IN ORDER WITHOUT RESPONSIBILITY FOR FURTHER INVESTIGATION UNLESS THE LENDER HAS RECEIVED ACTUAL WRITTEN NOTICE OR INFORMATION TO THE CONTRARY.
Liability of the Lenders. The Assignor hereby agrees that the Lenders shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lenders in making examinations, investigations or collections, or otherwise in perfecting, maintaining, protecting or realizing upon any lien or security interest or any other interest in the Collateral or other security for the Obligations. Except for willful misconduct or gross negligence, the Lenders shall be under no liability for, and the Assignor hereby releases the Lenders from, all claims for loss or damage caused by (a) the Lenders' failure to perform or collect any of the Collateral, or (b) the Lenders' failure to preserve or protect any rights of the Assignor under the Collateral. The Assignor agrees that the duties of the Lenders with respect to the Collateral shall be solely to use reasonable care in the custody and preservation of the Collateral in Agent's possession, which shall not include any steps necessary to preserve rights against prior parties. In the event the Agent enforces or seeks to enforce any of the rights of an owner of the Borrower under any of the Collateral, the Assignor shall immediately reimburse the Lenders for such costs and expenses (including actual attorney's fees reasonably incurred) so incurred and payment of such sums shall be secured by this Agreement.
