No Liability of Lender. Lender shall have no liability, obligation, or responsibility whatsoever with respect to the construction of the Improvements except to advance the Credit Facility pursuant to this Loan Agreement. Lender shall not be obligated to inspect the Property or the construction of the Improvements, nor be liable or responsible for any defect in the Property or the Improvements by reason of inspecting same, nor be liable for the performance or default of Borrower, or any architect, 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 whatsoever. Nothing, including without limitation any Draw or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender.
Appears in 2 contracts
Samples: Master Construction Loan Agreement, Master Construction Loan Agreement (Wilson Holdings, Inc.)
No Liability of Lender. Lender shall have no liability, obligation, or responsibility whatsoever with respect to the construction of the New Improvements except to advance the Credit Facility Loan and, if applicable, the Borrower’s Deposit pursuant to this Loan Agreement. Lender shall not be obligated to inspect the Property or the construction of the New Improvements, nor be liable or responsible for any defect in the Property or the Improvements by reason of inspecting same, nor be liable for the performance or default of Borrower, or any architectthe Project Inspector, Contractor, or any other party, or for any failure to construct, complete, protect, or insure the New Improvements, or for the payment of costs of labor, materials, or services supplied for the construction of the New Improvements, or for the performance of any obligation of Borrower whatsoever. Nothing, including without limitation any Draw Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender.
Appears in 2 contracts
Samples: Disbursement Agreement (Campus Crest Communities, Inc.), Secured Construction Loan Agreement (Campus Crest Communities, Inc.)
No Liability of Lender. Lender shall have no liability, obligation, or responsibility whatsoever with respect to the construction of the Improvements except to advance the Credit Facility Loan and the Borrower’s Deposit pursuant to this Loan Agreement. Lender shall not be obligated to inspect the Property Land or the construction of the Improvements, nor be liable or responsible for any defect in the Property or the Improvements by reason of inspecting same, nor be liable for the performance or default of Borrower, or any architectArchitect, the 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 whatsoever. Nothing, including without limitation the approval by Lender of the Approved Budget or the making of any Draw Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender.
Appears in 1 contract
Samples: Construction and Semi Permanent Loan Agreement (Advanced Environmental Recycling Technologies Inc)
No Liability of Lender. Lender shall have no liability, obligation, or responsibility whatsoever with respect to the construction of the Improvements except to advance the Credit Facility Loan and the Borrower's Deposit pursuant to this Loan Agreement. Lender shall not be obligated to inspect the Property or the construction of the Improvements, nor be liable or responsible for any defect in the Property or the Improvements by reason of inspecting same, nor be liable for the performance or default of Borrower, or any architectEngineer, the Inspecting 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 whatsoever. Nothing, including including, without limitation limitation, any Draw Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender.
Appears in 1 contract
Samples: Acquisition and Development Loan Agreement (Oriole Homes Corp)