Common use of Nonliability of Agent and Lenders Clause in Contracts

Nonliability of Agent and Lenders. Borrower acknowledges and agrees that: (a) by accepting or approving anything required to be observed, performed, fulfilled or given to Agent or Lenders pursuant to the Loan Documents, including any certificate, statement of profit and loss or other financial statement, survey, appraisal, lease or insurance policy, neither Agent nor Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance or legal effect of the same, or of any term, provision or condition thereof and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; and (b) neither Agent nor any Lender shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage or injury of any kind or character to any person or property arising from any construction on, or occupancy or use of, any of the Property, including without limitation any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. thereon or in any on-site or off-site improvement or other facility therein or thereon; (ii) any act or omission of Borrower, the parties comprising Borrower or any of Borrower’s agents, employees, independent contractors, licensees or invitees; (iii) any accident in or on the Land and Improvements or any fire, flood or other casualty or hazard thereon; (iv) the failure of Borrower, any of Borrower’s licensees, employees, invitees, agents, independent contractors or other representatives to maintain the Property in a safe condition; and (v) any nuisance made or suffered on any part of the Property.

Nonliability of Agent and Lenders. Borrower Xxxxxxxx acknowledges and agrees that: (a) by accepting or approving anything required to be observed, performed, fulfilled or given to Agent or Lenders pursuant to the Loan Documents, including any certificate, statement of profit and loss or other financial statement, survey, appraisal, lease or insurance policy, neither Agent nor Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance effectiveness or legal effect of the same, or of any term, provision or condition thereof and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; and (b) neither Agent nor any Lender shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage or injury of any kind or character to any person Person or property arising from any construction on, or occupancy or use of, any of the PropertyMortgaged Property (other than arising out of the gross negligence, including fraud, illegal acts or willful misconduct of Agent or Lenders (in each case to the extent determined by a court of competent jurisdiction pursuant to a final, non-appealable judgment), including, without limitation limitation, any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. improvements thereon or in any on-site or off-site improvement or other facility therein or thereon; (ii) any act or omission of BorrowerBorrower or Fee Owner, the parties comprising Borrower or Fee Owner or any of Borrower’s or Fee Owner’s agents, employees, independent contractors, licensees or invitees; (iii) any accident in or on the Land and Improvements Mortgaged Property or any fire, flood or other casualty or hazard thereon; (iv) the failure of BorrowerBorrower or Fee Owner, any of Borrower’s or Fee Owner’s licensees, employees, invitees, agents, independent contractors or other representatives to maintain the Mortgaged Property in a safe condition; and (v) any nuisance made or suffered on any part of the Mortgaged Property.

Nonliability of Agent and Lenders. Borrower acknowledges and agrees that: (a) by accepting or approving anything required to be observed, performed, fulfilled or given to Agent or Lenders pursuant to the Loan Documents, including any certificate, statement of profit and loss or other financial statement, survey, appraisal, lease or insurance policy, neither Agent nor Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance effectiveness or legal effect of the same, or of any term, provision or condition thereof thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; (b) neither Agent nor Lenders undertake nor assume any responsibility or duty to Borrower to select, review, inspect, supervise, pass judgment upon or inform Borrower of any matter in connection with the Premises or the Leasehold and Borrower shall rely entirely upon its own judgment with respect to such matters, and any review, inspection, supervision, exercise of judgment or supply of information to Borrower by Agent or Lenders in connection with such matters is for the protection of Agent and/or Lenders only and neither Borrower nor any third party is entitled to rely thereon; and (bc) except to the extent caused by a Lender's gross negligence or willful misconduct, neither Agent nor any Lender shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage or injury of any kind or character to any person or property arising from any construction on, or occupancy or use of, any of the PropertyPremises or the Leasehold Premises, including without limitation any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. improvements thereon or in any on-site or off-site improvement or other facility therein or thereon; (ii) any act or omission of Borrower, the parties comprising Borrower or any of Borrower’s 's agents, employees, independent contractors, licensees or invitees; (iii) any accident in or on the Land and Improvements Premises or the Leasehold Premises or any fire, flood or other casualty or hazard thereon; (iv) the failure of Borrower, any of Borrower’s 's licensees, employees, invitees, agents, independent contractors or other representatives to maintain the Property Premises and the Leasehold Premises in a safe condition; and (v) any nuisance made or suffered on any part of the PropertyPremises or the Leasehold Premises.

Nonliability of Agent and Lenders. Borrower acknowledges and agrees that: A. The relationship between Borrower and Agent and Lenders is and shall remain solely that of borrower and lender, and Agent neither undertakes nor assumes any responsibility to review, inspect, supervise, approve or inform Borrower of any matter in connection with any of the development, design or Construction, including matters relating to: (ai) the Plans and Specifications, (ii) architects, contractors, subcontractors and materialmen, or the workmanship of or materials used by accepting any of them, or approving anything required (iii) the progress of any of the Construction and its conformity with the Plans and Specifications; and Borrower shall rely entirely on its own judgment with respect to be observedsuch matters and acknowledges that any review, performedinspection, fulfilled supervision, approval or given information supplied to Borrower by Agent or Lenders pursuant in connection with such matters is solely for the protection of Agent and Lenders and that neither Borrower nor any third party is entitled to the rely on it; B. Notwithstanding any other provision of any Loan DocumentsDocument: (i) Agent and Lenders are not a joint venturer, including any certificatealter-ego, statement of profit and loss manager, controlling person or other financial statement, survey, appraisal, lease business associate or insurance policy, neither participant of any kind of Borrower and Agent nor does not intend to ever assume any such status; and (ii) Agent and Lenders shall not be deemed to have warranted responsible for or represented the sufficiencya participant in any acts, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance omissions or legal effect decisions of the same, or of any term, provision or condition thereof and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; andBorrower; (b) neither C. Neither Agent nor any Lender Lenders shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage loss or injury of any kind or character to any person or property arising resulting from any construction on, or occupancy or use of, any of the PropertyMortgaged Property (except to the extent proximately caused by Lender’s or Agent gross negligence or willful misconduct), including without limitation any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or whether arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. thereon onsite or in any on-site or off-site improvement or other facility therein or thereonoffsite improvement; (ii) any act or omission of Borrower, the parties comprising Borrower or any of Borrower’s agents, employees, independent contractors, licensees or invitees; or (iii) any accident in or on the Land and Improvements Mortgaged Property or any fire, flood fire or other casualty or hazard thereon; (iv) and By accepting or approving anything required to be performed or given to Agent under the failure of BorrowerLoan Documents, any of Borrower’s licensees, employees, invitees, agents, independent contractors Agent shall not be deemed to have warranted or other representatives to maintain represented the Property in a safe condition; and (v) any nuisance made sufficiency or suffered on any part legal effect of the Propertysame, and no such acceptance or approval shall constitute a warranty or representation by Agent to anyone.

Nonliability of Agent and Lenders. Borrower acknowledges and agrees that: (a) by accepting or approving anything required to be observed, performed, fulfilled or given to Agent or Lenders pursuant to the Loan Documents, including any certificate, statement of profit and loss or other financial statement, survey, appraisal, lease or insurance policy, neither Agent nor Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance effectiveness or legal effect of the same, or of any term, provision or condition thereof and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; and (b) neither Agent nor any Lender shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage or injury of any kind or character to any person or property arising from any construction on, or occupancy or use of, any of the Property, including including, without limitation limitation, any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. thereon or in any on-site or off-site improvement or other facility therein or thereon; (ii) any act or omission of Borrower, the parties comprising Borrower or any of Borrower’s agents, employees, independent contractors, licensees or invitees; (iii) any accident in or on the Land and Improvements or any fire, flood or other casualty Casualty or hazard thereon; (iv) the failure of Borrower, any of Borrower’s licensees, employees, invitees, agents, independent contractors or other representatives to maintain the Property in a safe condition; and (v) any nuisance made or suffered on any part of the Property.

Nonliability of Agent and Lenders. Borrower acknowledges and agrees that: (a) by accepting or approving anything required to be observed, performed, fulfilled or given to Agent or Lenders pursuant to the Loan Documents, including any certificate, statement of profit and loss or other financial statement, survey, appraisal, lease or insurance policy, neither Agent nor Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness, enforceability, adequacy, accuracy, completeness, performance effectiveness or legal effect of the same, or of any term, provision or condition thereof and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by Agent; and (b) neither Agent nor any Lender shall be directly or indirectly liable or responsible for any loss, claim, cause of action, liability, indebtedness, damage or injury of any kind or character to any person or property arising from any construction on, or occupancy or use of, any of the Property, including including, without limitation limitation, any loss, claim, cause of action, liability, indebtedness, damage or injury caused by, or arising from: (i) any defect in any building, structure, grading, fill, landscaping or other improvements. thereon or in any on-site on‑site or off-site off‑site improvement or other facility therein or thereon; (ii) any act or omission of Borrower, the parties comprising Borrower or any of Borrower’s agents, employees, independent contractors, licensees or invitees; (iii) any accident in or on the Land and Improvements or any fire, flood or other casualty or hazard thereon; (iv) the failure of Borrower, any of Borrower’s licensees, employees, invitees, agents, independent contractors or other representatives to maintain the Property in a safe condition; and (v) any nuisance made or suffered on any part of the Property.