Common use of Limitation of responsibility of Existing Lender Clause in Contracts

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of the Owner or any other Project Party; or (ii) the legality, validity, effectiveness, completeness, accuracy, adequacy adequacy, enforceability or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by the Owner or the Sponsor of its obligations under any Finance Document or any other documents, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Owner and its related entities entities, or any other Project Party and the nature and extent of any recourse against any Party or any other Project Party or its or their assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 27; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Owner of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty to a New Lender for: (i) the financial condition of the Company; or (ii) the legality, validity, effectiveness, completenessenforceability, adequacy, accuracy, adequacy completeness or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by the Company of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Company and its related entities and the nature and or extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of the Owner or any other Project Party; or (ii) the legality, validity, effectiveness, completeness, accuracy, adequacy adequacy, enforceability or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by the Owner or Ocean Rig of its obligations under any Finance Document or any other documents, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Owner and its related entities entities, or any other Project Party and the nature and extent of any recourse against any Party or any other Project Party or its or their assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 27; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Owner of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, completenessenforceability, adequacy, accuracy, adequacy completeness or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by an Obligor of its obligations under any Finance Document or any other documents, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-assignment or re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the Borrowerany Obligor; (iii) the performance and observance by the Borrower any Obligor of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 27; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender forfor the legality, validity, adequacy, accuracy, completeness, performance, effectiveness or enforceability of: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (iv) non-performance by the Company of its obligations under any Finance Document or otherwise, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the Borrowerany Obligor; (iii) the performance and observance by the Borrower any Obligor of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Obligors and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower an Owner of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the any Borrower; (iii) the performance and observance by the any Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the each Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the a Borrower of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of the Company; or (ii) the legality, validity, effectiveness, completenessenforceability, adequacy, accuracy, adequacy completeness or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, or (C) any observance by the Company of its obligations under any Finance Document or other documents, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of the Company; or (ii) the legality, validity, effectiveness, completenessenforceability, adequacy, accuracy, adequacy completeness or enforceability of performance of: (A) any Finance Document or any other document; (iiB) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, or (C) any observance by the Company of its obligations under any Finance Document or other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; oror 15335-01152 PG:2140636.16 71 Table of Contents (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the BorrowerSecurity Parties; (iii) the performance and observance by the Borrower Security Parties of its their obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Security Parties and its their related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Security Parties of its their obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible makes no representation or warranty and assumes no responsibility to a New Lender for: (ia) the financial condition of the Company; or (b) the legality, validity, effectiveness, completenessenforceability, adequacy, accuracy, adequacy completeness or enforceability of performance of: (i) any Finance Document or any other document; (ii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and or (iii) any representations observance by the Company of its obligations under any Finance Document or warranties implied by law are excludedother documents. (bc) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the Borrower Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (cd) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the Borrower Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender is not responsible to a New Lender for: (i) the legality, validity, effectiveness, completeness, accuracy, adequacy or enforceability of any Finance Document or any other document; (ii) the financial condition of the any Borrower; (iii) the performance and observance by the any Borrower of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statement or information (whether written or oral) made in or supplied in connection with any Finance Document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of the each Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by the any Borrower of its obligations under any Finance Document or otherwise.