Common use of No Fiduciary Relationship No Duty Limitation of Liabilities Clause in Contracts

No Fiduciary Relationship No Duty Limitation of Liabilities. (A) No provision in this Agreement or in any of the other Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty by Agent or any Lender to Borrower. (B) All attorneys, accountants, appraisers, and other professional Persons and consultants retained by Agent or any Lender shall have the right to act exclusively in the interest of Agent or such Lender and shall have no duty of disclosure, duty of loyalty, duty of care, or other duty or obligation of any type or nature whatsoever to Borrower or any of Borrower's shareholders or any other Person. (C) Neither Agent nor any Lender, nor any affiliate, officer, director, shareholder, employee, attorney, or agent of Agent or any Lender shall have any liability with respect to, and Borrower hereby waives, releases, and agrees not to sue xxx of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by Borrower in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the other Loan Documents. Borrower hereby waives, releases, and agrees not to sue Xxxnt or any Lender or any of Agent's or any Lender's affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the transactions contemplated hereby.

No Fiduciary Relationship No Duty Limitation of Liabilities. (A) No provision in this Agreement or in any of the other Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty by Agent, Funding Agent, Collateral Agent or any Lender to any Borrower. (B) All attorneys, accountants, appraisers, and other professional Persons and consultants retained by Agent, Funding Agent, Collateral Agent or any Lender shall have the right to act exclusively in the interest of Agent, Funding Agent, Collateral Agent or such Lender and shall have no duty of disclosure, duty of loyalty, duty of care, or other duty or obligation of any type or nature whatsoever to Borrower Borrowers or any of Borrower's Borrowers' shareholders or any other Person. (C) Neither Agent, Funding Agent, Collateral Agent nor any Lender, nor any affiliate, officer, director, shareholder, employee, attorneyattorney or Agent of Agent, or agent of Funding Agent, Collateral Agent or any Lender shall have any liability with respect to, and each Borrower hereby waives, releases, and agrees not to sue xxx any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by any Borrower in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the other Loan Documents. Each Borrower hereby waives, releases, and agrees not to sue Xxxnt xxx Agent, Funding Agent, Collateral Agent or any Lender Lender, or any of Agent's, Funding Agent's, Collateral Agent's or any Lender's affiliates, officers, directors, employees, attorneysattorneys or agents, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the transactions contemplated hereby.

No Fiduciary Relationship No Duty Limitation of Liabilities. (A) No provision in this Agreement or in any of the other Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty by any Agent or any Lender to Borrowerthe Loan Parties. (B) All attorneys, legal counsel, accountants, appraisers, and other professional Persons and consultants retained by any Agent or any Lender shall have the right to act exclusively in the interest of such Agent or such Lender and shall have no duty of disclosure, duty of loyalty, duty of care, or other duty or obligation of any type or nature whatsoever to Borrower Borrowers or any of Borrower's Borrowers' shareholders or any other Person. (C) Neither Agent Agents nor any LenderLenders, nor any affiliate, officer, director, shareholder, employee, attorney, legal counsel or agent of any Agent or any Lender shall have any liability with respect to, and Borrower each Loan Party hereby waives, releases, and agrees not to sue xxx any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by Borrower such Loan Party in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the other Loan Documents. Borrower Each Loan Party hereby waives, releases, and agrees not to sue Xxxnt xxx any Agent or any Lender or any of any Agent's or any Lender's affiliates, officers, directors, employees, attorneys, legal counsel or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the transactions contemplated hereby.

No Fiduciary Relationship No Duty Limitation of Liabilities. (A) No provision in this Agreement or in any of the other Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty by Agent or any Lender to Borrower. (B) All attorneys, accountants, appraisers, and other professional Persons and consultants retained by Agent or any Lender shall have the right to act exclusively in the interest of Agent or such Lender and shall have no duty of disclosure, duty of loyalty, duty of care, or other duty or obligation of any type or nature whatsoever to Borrower or any of Borrower's shareholders or any other Person. (C) Neither Agent nor any Lender, nor any affiliate, officer, director, shareholder, employee, attorney, or agent of Agent or any Lender shall have any liability with respect to, and Borrower hereby waives, releases, and agrees not to sue xxx of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by Borrower in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the other Loan Documents; provided that Borrower shall have no obligation to Agent, any Lender, or any affiliate, officer, director, shareholder, employee, attorney, or agent of Agent or any Lender hereunder with respect to claims arising from the gross negligence or willful misconduct of such entity as determined by a court of competent jurisdiction. Borrower hereby waives, releases, and agrees not to sue Xxxnt or any Lender or any of Agent's or any Lender's affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Agreement or any of the transactions contemplated hereby; provided that Borrower shall have no obligation to Agent, any Lender, or any affiliate, officer, director, shareholder, employee, attorney, or agent of Agent or any Lender hereunder with respect to claims arising from the gross negligence or willful misconduct of such entity as determined by a court of competent jurisdiction.