Common use of Non-Reliance on Agent and Other Lenders Clause in Contracts

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees Lender acknowledges that it has, independently and without reliance on Agent upon the Agents or any other Secured Party, Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and Agreement. Each Lender also acknowledges that it will, independently and without reliance upon Agent the Agents or any other Secured Party, Lender and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own analysis and decisions in taking or not taking action under or based upon this Agreement or any of the other Financing AgreementsLoan Document, any related agreement or any document furnished hereunder or thereunder. Agent shall not be required to keep itself informed as to the performance or observance by Notwithstanding any Borrower or Guarantor of any term or other provision of this Agreement or any provision of any other Loan Document, each of the other Financing Agreements Joint Lead Arrangers and the Joint Bookrunners, the Syndication Agents, the Documentation Agents, the Senior Co-Manager and the Co-Managers are named as such for recognition purposes only, and in their respective capacities as such shall have no duties, responsibilities or liabilities with respect to this Agreement or any other document referred Loan Document; it being understood and agreed that each of the Joint Lead Arrangers and the Joint Bookrunners, the Syndication Agents, the Documentation Agents, the Senior Co-Manager and the Co-Managers shall be entitled to all indemnification and reimbursement rights in favor of the Agents provided herein and in the other Loan Documents. Without limitation of the foregoing, none of the Joint Lead Arrangers, the Joint Bookrunners, the Syndication Agents, the Documentation Agents, the Senior Co-Manager or provided for herein the Co-Managers in their respective capacities as such shall, by reason of this Agreement or therein or to inspect the properties or books any other Loan Document, have any fiduciary relationship in respect of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Lender, Loan Party or any other Person. If at any time any Lender serving as an Agent becomes a Defaulting Lender; provided, thator an Affiliate of a Defaulting Lender is serving as an Agent, Agent and such Defaulting Lender fails to cure all defaults that caused it to become a Defaulting Lender, and cease being a Defaulting Lender or an Affiliate of a Defaulting Lender, within ten Business Days from the date it became a Defaulting Lender, then the Required Lenders may, but shall not be liable required to, direct such Agent to resign as Agent (including, without limitation, any Lender for any failure to do sofunctions and duties as Administrative Agent, except to Collateral Agent and/or as Issuing Lender, as the extent that case may be), and upon the direction of the Required Lenders, as applicable, such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly Agent shall be required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including so resign, in accordance with the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business sixth paragraph of any Borrower or Guarantor that may come into the possession of Agentthis Article 9.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Borrowers or Guarantor Guarantors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any LenderGuarantor; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees Lender represents that it has, independently and without reliance on the Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis appraisal of Borrowers the financial condition and Guarantors affairs of the Borrower and has made its own decision to enter into this Agreement and the other Loan Documents and agrees that it will, independently and without reliance upon the Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis appraisals and decisions decision in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Document. The Agent shall not be required to keep itself informed as to the performance or observance by any the Borrower or Guarantor of any term or provision of this Agreement or any of Agreement, the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or by any other Person of any other agreement or to make inquiry of, or to inspect the properties or books of of, any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionPerson. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that Person which may come into the possession of the Agent or any of its affiliates. Each Lender shall have access to all documents relating to the Agent’s performance of its duties hereunder at such Lender’s request. Unless any Lender shall promptly object to any action taken by the Agent hereunder (other than actions to which the provisions of Section 11.7(b) are applicable and other than actions which constitute gross negligence or willful misconduct by the Agent), such Lender shall conclusively be presumed to have approved the same.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers the Loan Parties and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision Loan Party of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorLoan Party. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with any notice of a copy of any Notice of Default or Failure of Condition received by Agent from Borrower and with any Borrower or any Lendernotice of a Default delivered by Agent to Borrower; provided, thathowever, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its affiliates.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers the Loan Parties and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision Loan Party of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorLoan Party. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with any notice of a copy of any Notice of Default or Failure of Condition received by Agent from Borrower and with any Borrower or any Lendernotice of a Default delivered by Agent to Borrower; providedPROVIDED, thatHOWEVER, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own 's gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its affiliates.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors any Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any LenderLender and with a copy of any notice of an Event of Default delivered by Agent to Borrower; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its Affiliates.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any “Notice of Default or Failure of Condition Condition” received by Agent from any Borrower Borrower, any Obligor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any "Notice of Default or Failure of Condition Condition" received by Agent from any Borrower Borrower, any Obligor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Loan Parties and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Loan Party of any term or provision of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorLoan Party. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Loan Party which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, provided that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Loan Party that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. (a) Each Secured Party agrees Lender represents to all other Lenders and to the Agent that it has, independently such Lender: (i) Independently and without reliance on any representation or act by Agent or by any other Secured PartyLender, and based on such documents and information as it that Lender has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its such Lender’s own appraisal of the financial condition and affairs of the Borrower and decision to enter into this Agreement Agreement. (ii) Has relied upon that Lender’s review of the Loan Documents by that Lender and by counsel to that it willLender as that Lender deemed appropriate under the circumstances. (b) Each Lender agrees that such Lender, independently and without reliance upon Agent or any other Secured PartyLender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender’s own analysis appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement or any Agreement. (c) Except as otherwise required by the provisions of this Agreement, the other Financing Agreements. Agent Agent, in the discharge of that Agent’s duties hereunder, shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein make inquiry of, or to inspect the properties or books of of, any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including the documents provided for in as to which, see Section 12.10 hereof14.5), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any other credit or other information concerning the affairsany Person, financial condition or business of any Borrower or Guarantor that which information may come into the possession of Agent or any Affiliate of the Agent. (e) Each Lender, at such Lender’s request, shall have reasonable access to all nonprivileged documents in the possession of the Agent, which documents relate to the Agent’s performance of its duties hereunder.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionmisconduct. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors each other Obligor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any other Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any other Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any other Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorBorrower. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Borrowers or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors the Loan Parties and has made its own decision to enter into this Loan Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Loan Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Loan Party of any term or provision of this Loan Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books Books of any Borrower or GuarantorLoan Party. Agent will use commercially reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Loan Party, which is required to be provided to Lenders hereunder or deemed to be requested by Lenders hereunder under the other Loan Documents and with a copy of any Notice of Default or Failure of Condition received by Agent from any the Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionmisconduct. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent pursuant to the terms of this Loan Agreement or deemed the other Loan Documents or requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)or thereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Loan Party that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender and each Issuer agrees that it has, independently and without reliance on Agent or the Agent, any other Secured PartyIssuer, Lender or the Swing Line Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers the Borrower and Guarantors its Subsidiaries and has made its own decision to enter into this Agreement the transactions contemplated by the Financing Documents and that it will, independently and without reliance upon Agent or the Agent, any other Secured PartyIssuer, Lender or Swing Line Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsDocument. The Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement the Borrower, or any of the other Financing Agreements its Subsidiaries, or any other document referred to or provided for herein or therein Person of any Financing Document, Bond Document, Intercompany Financing Document, or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any the Borrower or any Lender; provided, that, of its Subsidiaries. The Agent shall not be liable to any Lender assumes no responsibility for any failure to do so, except to the extent that such failure is attributable to Agentfinancial condition of the Borrower or for the performance of the Borrower’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionobligations under the Financing Documents. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of the Borrower (or any Borrower or Guarantor that of its Affiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender or Issuer, provide to such Person, at such Person’s expense, copies of any and all written information provided to the Agent by the Borrower or any of its Subsidiaries (unless concurrently delivered to such Person by the Borrower or any of its Subsidiaries).

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders hereunder or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Guarantor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Borrowers or Guarantor Obligors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. (a) Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent. (b) Each Lender acknowledges that it has received and reviewed a copy of the Intercreditor Agreement and any exhibits and schedules thereto, authorizes the execution and delivery thereof by Agent, and agrees with effect on the date hereof to be bound in all respects by the terms of the Intercreditor Agreement and obligated to perform any and all obligations of Agent thereunder, as if a direct signatory party thereto.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.. 106

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and 104 without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 14.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors its Subsidiaries and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision Loan Party of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany of its Subsidiaries. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with any notice of a copy of any Notice of Default or Failure of Condition received by Agent from Borrower and with any Borrower or any Lendernotice of a Default delivered by Agent to Borrower; provided, thathowever, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable solely to Agent’s own 's gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its affiliates nor to update or correct any information previously given which becomes incorrect or which Agent learns is incorrect.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on the Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and the Borrower, the Guarantors and has made its own their Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Document. Neither Agent shall not be required to keep itself informed as to the performance or observance by any the Borrower or Guarantor of any term or provision Guarantors of this Agreement or any of the other Financing Agreements Loan Document or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower, the Guarantors or any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy Subsidiary of any Notice of Default or Failure of Condition received by Agent from any the Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionGuarantor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to any other Lender to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of the Borrower, the Guarantors or any Borrower Subsidiary (or Guarantor that any of their Affiliates) which may come into the possession of Agentthe Agent or of its Affiliates. The Agent shall not be required to file this Agreement, any other Loan Document or any document or instrument referred to herein or therein, or record or give notice of this Agreement, any other Loan Document or any document or instrument referred to herein or therein, to any Person.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Borrower and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorBorrower. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Administrative Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on any Appointed Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Any Appointed Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. No Appointed Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Borrowers or Guarantor Guarantors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Each Appointed Agent will use reasonable efforts to provide Lenders with any information received by such Appointed Agent from any Borrower or Guarantor which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by such Appointed Agent from any Borrower or any LenderGuarantor; provided, that, no Appointed Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to such Appointed Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, no Appointed Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of such Appointed Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Loan Parties and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Loan Party or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower Loan Party or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower Loan Party or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Loan Party or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the 110 extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower Loan Party or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Borrowers or Guarantor Obligors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Borrowers' Agent or any Lender; 115 provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Guarantor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be have been requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or Guarantor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and 115 information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it --------------------------------------- has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance 119 or observance by any Borrower Borrowers or Guarantor Obligors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Borrowers' Agent or any Lender; provided, that, Agent shall not be liable to any Lender for -------- ---- any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-non- appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Borrower and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorBorrower. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Borrowers or Guarantor Guarantors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower Borrowers or GuarantorGuarantors. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Borrowers which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any a Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Borrowers that may come into the possession of AgentAgent or any of its affiliates.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors each Transaction Party and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor each Transaction Party of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantoreach Transaction Party. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor a Transaction Party which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Transaction Party that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on any Appointed Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon any Appointed Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. No Appointed Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, no Appointed Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of such Appointed Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders hereunder or deemed to be which is reasonably requested by Lenders hereunder a Lender and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Borrower and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorBorrower. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Loan Parties and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Loan Party or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower Loan Party or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower Loan Party or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Loan Party or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower Loan Party or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and 105 Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Guarantor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors its Subsidiaries and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate 70 at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision Loan Party of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany of its Subsidiaries. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with any notice of a copy of any Notice of Default or Failure of Condition received by Agent from Borrower and with any Borrower or any Lendernotice of a Default delivered by Agent to Borrower; provided, thathowever, that Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable solely to Agent’s own 's gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its affiliates nor to update or correct any information previously given which becomes incorrect or which Agent learns is incorrect.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders hereunder or deemed to be which is reasonably requested by Lenders hereunder a Lender and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender and the L/C Issuer expressly acknowledges and agrees that neither Agent nor any of its officers, directors, employees, agents, counsel, attorneys-in-fact or other affiliates has made any representations or warranties to such Lender or the L/C Issuer and that no act by Agent hereafter taken, including any review of the affairs of Borrower or Affiliate of Borrower, shall be deemed to constitute any such representation or warranty by Agent to any Lender or the L/C Issuer. Each Lender and the L/C Issuer, for itself, agrees that it has, independently and without reliance on Agent or any other Secured PartyLender and the L/C Issuer, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors its Affiliates and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender and the L/C Issuer, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or under any other Loan Document. Subject to the provisions of the other Financing Agreements. first sentence of Section 14.13, Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionits Affiliates. Except for notices, reports and other documents and information expressly required to be furnished to Lenders the Lender or the L/C Issuer by Agent hereunder or deemed requested as otherwise agreed by Lenders hereunder (including Agent and the documents provided for in Section 12.10 hereof)Lender and the L/C Issuer, Agent shall not have any duty or responsibility to provide any Lender or the L/C Issuer with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Affiliates that may come into the possession of AgentAgent or any of its Affiliates. Without limiting the foregoing, Agent shall not, except as expressly set forth herein and in the other Loan Documents, have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to Borrower or any of its Affiliates that is communicated to or obtained by the Person serving as Agent or any of its Affiliates in any capacity. Agent shall, except as expressly set forth herein and in the other Loan Documents, have no obligation whatsoever to the Lender and the L/C Issuer or to any other Person to exercise or to continue exercising at all or in any manner or under any duty of care, disclosure or fidelity any of the rights, authorities and powers granted or available to Agent in this Article 14 or in any of the Loan Documents, it being understood and agreed that in respect of, or any act, omission or event related thereto, Agent shall have no duty or liability whatsoever to the Lender or the L/C Issuer , except for actual loss to the extent resulting from its gross negligence or willful misconduct that results in actual loss to a Lender or the L/C Issuer .

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Loan Parties and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower Loan Party or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower Loan Party or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower Loan Party or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Loan Party or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower Loan Party or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on the Agent or any other Secured PartyLenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other Secured PartyLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement Agreement. The Agent does not make any warranty or representation to any of the other Financing AgreementsLender and shall not be responsible to any Lender for any statements, warranties or representations (whether written or oral) made in or in connection with this Agreement. The Agent shall not be required to inquire or keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision the Borrowers of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionBorrowers. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any no duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business businesses of the Borrowers or any Borrower or Guarantor that Affiliates of the Borrowers which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and any Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or any Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or any Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or any Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or any Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors the Borrower and has made its own decision to enter into this Agreement and the other Transaction Documents and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsTransaction Documents. Agent shall not be required to keep itself informed as to the performance or observance by any the Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements Transaction Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorBorrower. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any the Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure failure of Condition condition received by Agent from any the Borrower or any Lender; provided, provided that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Obligor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any 98 Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any "Notice of Default or Failure of Condition Condition" received by Agent from any Borrower Borrower, any Obligor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors each Guarantor and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or any Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or any Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or any Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Borrower, any Guarantor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or any Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors any Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; providedPROVIDED, thatTHAT, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors any Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any LenderLender and with a copy of any notice of an Event of Default delivered by Agent to any Borrower; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor(or any of their affiliates) that may come into the possession of AgentAgent or any of its Affiliates.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on the Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and the Borrower, the Guarantors and has made its own their Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Document. The Agent shall not be required to keep itself informed as to the performance or observance by any the Borrower or Guarantor of any term or provision Guarantors of this Agreement or any of the other Financing Agreements Loan Document or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower, the Guarantors or any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy Subsidiary of any Notice of Default or Failure of Condition received by Agent from any the Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionGuarantor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to any other Lender to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of the Borrower, the Guarantors or any Borrower Subsidiary (or Guarantor that any of their Affiliates) which may come into the possession of Agentthe Agent or of its Affiliates. The Agent shall not be required to file this Agreement, any other Loan Document or any document or instrument referred to herein or therein, or record or give notice of this Agreement, any other Loan Document or any document or instrument referred to herein or therein, to any Person.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts provide or otherwise make available to provide Lenders with Lenders, copies of any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders Agent or deemed to be requested by Lenders Agent hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower Borrower, Guarantor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders Lender by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred 84 90 to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information (including the information provided for in Section 12.10 hereof) received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lenderhereunder; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or which is deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on the Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and the Borrowers, the Guarantors and has made its own their Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Document. The Agent shall not be required to keep itself informed as to the performance or observance by any Borrower the Borrowers or Guarantor of any term or provision Guarantors of this Agreement or any of the other Financing Agreements Loan Document or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrowers, the Guarantors or any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy Subsidiary of any Notice of Default or Failure of Condition received by Agent from any either Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdictionGuarantor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent or deemed requested by Lenders hereunder (including hereunder, the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to any other Lender to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of the Borrowers, the Guarantors or any Borrower Subsidiary (or Guarantor that any of their Affiliates) which may come into the possession of Agentthe Agent or of its Affiliates. The Agent shall not be required to file this Agreement, any other Loan Document or any document or instrument referred to herein or therein, or record or give notice of this Agreement, any other Loan Document or any document or instrument referred to herein or therein, to any Person.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsAgreements or the Pegasus Guaranty. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or any Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or by the Limited Guarantors with respect to the Pegasus Guaranty or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or any Guarantor or any Limited Guarantor. Agent will use reasonable efforts to provide the Lenders with any information received by Agent from any Borrower or any Guarantor which is required to be provided to the Lenders or deemed to be requested by the Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent or deemed requested by the Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or any Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party agrees that it has, independently and without reliance on Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 12.11 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors any Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred 115 to or provided for herein or therein or to inspect the properties or books of any Borrower or GuarantorObligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor Obligor which is required to be provided to Lenders hereunder or deemed to be requested by Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from any Borrower or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s 's own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor Obligor that may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it --------------------------------------- has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers Borrower and Guarantors its Subsidiaries and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing AgreementsLoan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor of any term or provision Loan Party of this Agreement or any of the other Financing Agreements Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany of its Subsidiaries. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and hereunder, with any notice of a copy of any Notice of Default or Failure of Condition received by Agent from Borrower and with any Borrower or any Lendernotice of a Default delivered by Agent to Borrower; provided, that, that -------- Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own 's gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof), Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any of its Subsidiaries (or any of their affiliates) that may come into the possession of AgentAgent or any of its affiliates nor to update or correct any information previously given which becomes incorrect or which Agent learns is incorrect.

Non-Reliance on Agent and Other Lenders. Each Secured Party Lender agrees that it has, independently and without reliance on Agent or any other Secured PartyLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrowers each Borrower and Guarantors Obligors and has made its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other Secured PartyLender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Financing Agreements. Agent shall not be required to keep itself informed as to the performance or observance by any Borrower or Guarantor any Obligor of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Borrower or Guarantorany Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Borrower or Guarantor any Obligor which is required to be provided to Lenders or deemed to be requested by Lenders hereunder and with a copy of any “Notice of Default or Failure of Condition Condition” received by Agent from any Borrower Borrower, any Obligor or any Lender; provided, that, Agent shall not be liable to any Lender for any failure to do so, except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent or deemed requested by Lenders hereunder (including the documents provided for in Section 12.10 hereof)hereunder, Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the affairs, financial condition or business of any Borrower or Guarantor any Obligor that may come into the possession of Agent. *** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.