Common use of No Liability of Lender Clause in Contracts

No Liability of Lender. Lender shall have no liability, obligation or responsibility whatsoever with respect to the Loan. Nothing, including without limitation any advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, has not assumed and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower and no term or condition hereof, or of any of the documents securing the loan, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the documents securing the Loan, shall be construed so as to deem the relationship between Borrower, Guarantor and Lender to be other than that of Borrower, Guarantor and Lender, and Borrower shall at all times represent that the relationship between Borrower, Guarantor and Lender is solely that of Borrower, Guarantor and Lender. Borrower hereby indemnifies and agrees to hold Lender harmless from any against any loss, cost, expense or liability incurred or suffered by Lender as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower.

No Liability of Lender. Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the Loanmanagement, conduct or operation of the business affairs of Borrower or any Guarantor. Nothing, including without limitation any advance of funds or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, has not assumed and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower and no term or condition hereof, or of any of the documents securing the loan, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the documents securing the LoanLoan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor and Lender to be other than that of Borrowerborrower, Guarantor and Lenderguarantor or lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of Borrowerborrower, Guarantor guarantor and Lenderlender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from any and against any loss, cost, expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of BorrowerBorrower or any Guarantor.

No Liability of Lender. Lender shall have no liabilitynot be obligated to inspect the Collateral, nor be liable for the performance or default of Borrower or any other Person, or for any failure to protect or insure the Collateral, or for the performance of any obligation of Borrower or responsibility whatsoever with respect to the Loanany other Loan Party. Nothing, including without limitation any advance or limitation, acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, and has not assumed assumed, and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any other Loan Party, and no term or condition hereof, or of any of the documents securing the loanLoan Documents, shall be construed otherwise. Borrower Each Loan Party hereby expressly acknowledges that no term or condition hereof, or of any of the documents securing the LoanLoan Documents, shall be construed so as to deem the relationship between Borrower, Guarantor any Guarantor, and Lender to be other than that of Borrowerborrower, Guarantor guarantor and Lenderlender, and Borrower each Loan Party shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of Borrowerborrower, Guarantor guarantor and Lenderlender. Borrower Each Loan Party hereby indemnifies and agrees to hold Lender harmless from any and against any liability, loss, cost, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of BorrowerBorrower or of any other Loan Party.

No Liability of Lender. Lender shall have no liability, obligation or responsibility whatsoever with respect to the Loanconstruction of the Improvements except to advance the Loan and Borrower's Deposit pursuant to this Agreement. Lender shall not be obligated to inspect the Property or the construction of the Improvements, nor be liable for the performance or default of Borrower, Engineer, Inspecting Architects/Engineers, Contractor or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower. Nothing, including without limitation any advance Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, and has not assumed assumed, and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantor, and no term or condition hereof, or of any of the documents securing the loanLoan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the documents securing the LoanLoan Documents, shall be construed so as to deem the relationship between Borrower, Guarantor any Guarantor, and Lender to be other than that of Borrowerborrower, Guarantor guarantor and Lenderlender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of Borrowerborrower, Guarantor guarantor and Lenderlender. Borrower hereby indemnifies and agrees to hold Lender harmless from any and against any liability, loss, cost, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of BorrowerBorrower or of any Guarantor.

No Liability of Lender. Lender Lender, Lender’s Representative, and Inspecting Architect/Engineer shall have no liability, obligation or responsibility whatsoever with respect to the Loanconstruction of the Improvements. Lender shall not be obligated to inspect the Commercial Land, Plans, or the construction of the Improvements, nor be liable for the performance or default of Borrower, Architect, the Inspecting Architect/Engineer, Contractor, or any other party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower. Nothing, including without limitation any advance Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, has not assumed assumed, and by its execution and acceptance of this the Agreement hereby expressly disclaims disclaims, any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantor, and no term or condition hereofherein, or of in any of the documents securing the loanother Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition hereofherein, or of in any of the documents securing the LoanLoan Documents, shall be construed so as to deem the relationship between Borrower, Guarantor any Guarantor, and Lender to be other than that of Borrowerborrower, Guarantor guarantor and Lenderlender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of Borrowerborrower, Guarantor guarantor and Lenderlender. Borrower hereby indemnifies and agrees to hold Lender harmless from any and against any liability, loss, cost, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any liability or responsibility of Lender for (i) the Plans, or the construction of the Improvements, and/or (ii) the payment or performance of any indebtedness or obligation of Borrowerany Borrower or Guarantor.