Common use of No Assumption of Duties; Reasonable Care Clause in Contracts

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent Buyers hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds Buyers’ security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent Buyers in connection therewiththerewith except the duty to exercise reasonable care in the custody and preservation of the Pledged Collateral in its possession. The Collateral Agent Buyers shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent Buyers accords its own property, it being understood that the Collateral Agent Buyers shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has Buyers have or is are deemed to have knowledge of such matters, matters or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent or any of the Lenders to the Pledgor in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent or any of the Lenders has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent in connection therewiththerewith except the duty to exercise reasonable care in the custody and preservation of the Pledged Collateral in its possession. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The ---------------------------------------- rights and powers granted to the Collateral Agent Trustee hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds Notes security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent Trustee in connection therewiththerewith other than those imposed under applicable law. The Collateral Agent Except as provided by applicable law, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent Trustee accords its own propertysimilar property in similar situations, it being understood that the Collateral Agent Trustee shall not have any responsibility for (ia) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent Trustee has or is deemed to have knowledge of such matters, matters or (iib) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and ---------------------------------------- powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's Senior Noteholders' and the HoldersConvertible Noteholders' of Bonds security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and powers ---------------------------------------- granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds Senior Secured Discount Notes security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent Trustee hereunder are being granted in order to preserve and protect the Collateral Agent's, the Trustee's and the Holders' of Bonds the Notes security interest in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not, not impose any duties on the Collateral Agent Trustee in connection therewiththerewith other than those expressly provided herein or imposed under applicable law. The Collateral Agent Except as provided by applicable law, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent Trustee accords its own propertysimilar property in similar situations, it being understood that the Collateral Agent Trustee shall not have any responsibility for (ia) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Agent Trustee has or is deemed to have knowledge of such matters, or (iib) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Collateral.