Common use of No Liability of Lender Clause in Contracts

No Liability of Lender. Lender, Lender’s Representative, and Inspecting Architect/Engineer shall have no liability, obligation or responsibility with respect to the construction 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 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 the 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 herein, or in any of the other Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition herein, or in any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any 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, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender harmless from and against any liability, loss, cost or expense 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 any Borrower or Guarantor.

No Liability of Lender. Lender, Lender’s Representative, and Inspecting Architect/Engineer Lender shall have no liability, obligation or responsibility whatsoever with respect to the construction 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 BorrowerLoan. 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 the this 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 hereinhereof, or in of any of the other Loan Documentsdocuments securing the loan, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition hereinhereof, or in of any of the Loan Documentsdocuments securing the Loan, shall be construed so as to deem the relationship between Borrower, any Guarantor, 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 and any against any liability, loss, cost cost, expense or expense 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 any Borrower or GuarantorBorrower.

No Liability of Lender. Lender, Lender’s Representative, and Inspecting Architect/Engineer Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the construction management, conduct or operation of the Improvements. Lender shall not be obligated to inspect the Commercial Land, Plans, or the construction business affairs of the Improvements, nor be liable for the performance or default of Borrower, Architect, the Inspecting Architect/Engineer, Contractor, Borrower 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 BorrowerGuarantor. Nothing, including without limitation any Advance 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 the 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 hereinhereof, or in any of the other Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition herein, or in any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor, Guarantor and Lender to be other than that of borrower, guarantor and or lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and against any liabilitycost, loss, cost expense or expense 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 (i) the Plans, or the construction of the Improvements, and/or (ii) the payment or performance of any indebtedness or obligation of any Borrower or any Guarantor.

No Liability of Lender. Lender, Lender’s Representative, and Inspecting Architect/Engineer Lender shall have no liability, obligation or responsibility with respect to the construction of the ImprovementsImprovements except to advance the Loan and Borrower’s Deposit pursuant to this Agreement. Lender shall not be obligated to inspect the Commercial Land, Plans, Property or the construction of the Improvements, nor be liable for the adequacy or content of any Construction Contract, the performance or default of Borrower, Architect, the Inspecting Architect/EngineerPerson, Contractor, 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 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, and by its execution and acceptance of the this Agreement hereby expressly disclaims, disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any GuarantorBorrower, and no term or condition hereinhereof, or in of any of the other Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition hereinhereof, or in of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor, Borrower and Lender to be other than that of borrower, guarantor and lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor Borrower and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender harmless from and against any liabilityBORROWER HEREBY INDEMNIFIES AND AGREES TO HOLD LENDER HARMLESS FROM AND AGAINST ANY LIABILITY, lossLOSS, cost or expense 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 any Borrower or GuarantorCOST OR EXPENSE 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, Lender’s Representative, and Inspecting Architect/Engineer Lender shall have no liability, obligation or responsibility with respect to the construction of the ImprovementsImprovements except to advance the Loan and Borrower's Deposit pursuant to this Agreement. Lender shall not be obligated to inspect the Commercial Land, Plans, Property or the construction of the Improvements, nor be liable for the performance or default of Borrower, Architect, the Inspecting Architect/Engineer, ContractorInspecting 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 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, and by its execution and acceptance of the this 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 hereinhereof, or in of any of the other Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition hereinhereof, or in of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any 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, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender harmless from and against any liability, loss, cost or expense 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 any Borrower or of any Guarantor.

No Liability of Lender. Lender, Lender’s Representative, and Inspecting Architect/Engineer shall have no liability, obligation or responsibility with respect to the construction of the Improvements. Lender shall not be obligated to inspect the Commercial Land, Plans, or the construction of the ImprovementsCollateral, nor be liable for the performance or default of Borrower, Architect, the Inspecting Architect/Engineer, Contractor, Borrower or any other partyPerson, 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 ImprovementsCollateral, or for the performance of any obligation of BorrowerBorrower or any 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, and by its execution and acceptance of the this Agreement hereby expressly disclaims, disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantorother Loan Party, and no term or condition hereinhereof, or in of any of the other Loan Documents, shall be construed otherwise. Borrower Each Loan Party hereby expressly acknowledges and agrees that no term or condition hereinhereof, or in of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor, and Lender to be other than that of borrower, guarantor and lender, and Borrower each Loan Party shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower Each Loan Party hereby indemnifies and agrees to hold Lender harmless from and against any liability, loss, cost or expense 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 any Borrower or Guarantorof any other Loan Party.