LXXXXXS Consultants. Lender shall have the right to employ its own personnel, or one or more engineers, architects, builders or other construction specialists, environmental advisors, scientists, accountants, and attorneys to act as an advisor to Lender in connection with the Loan (each of which shall be a “Lxxxxx’s Consultant”). The functions of a Lender’s Consultant shall include, without limitation: (i) inspection and physical review of the Property; (ii) review and analysis of any work to be done in connection with the Property; (iii) review and analysis of environmental matters; and (iv) review and analysis of financial and legal matters. The reasonable costs and fees of Lxxxxx’s Consultants shall be the obligation of the Borrower upon accrual and paid by Borrower upon demand therefor. Notwithstanding the foregoing, so long as no Event of Default has occurred, Borrower shall not be responsible for the costs and fees of a Lender’s Consultant more than twice in any twelve (12) month period. Borrower shall provide Lxxxxx’s Consultants with continuing access to all aspects of the Property and books and records related thereto at reasonable times during the day and upon at least five (5) days’ prior written notice to Bxxxxxxx. Neither Lender nor any of its Consultants shall have liability to Borrower, Guarantor, or any third party, on account of: (i) services performed by Lxxxxx’s Consultant; (ii) any failure or neglect by Lxxxxx’s Consultant to properly perform services; or (iii) any approval or disapproval of work, plans or other matters. Neither Lender nor Lxxxxx’s Consultant shall have any obligation regarding proper performance of work related to the Property. Borrower shall have no rights under or relating to any agreement, report, or similar document prepared by any Lxxxxx’s Consultant for Lender.
LXXXXXS Consultants
