Common use of Nonliability of Lenders Clause in Contracts

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. The provisions of this Section 9.9 shall survive the termination of this Agreement.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the Borrower’s Borrowers’ business or operations. The Borrower agrees Borrowers agree that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower borrowers and lender. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the any Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the either Arranger, any Lender or nor any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship hereunder and under the other Loan Documents between the Borrower Borrowers on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower borrowers and lender. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers under this Agreement or any other Loan Document. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer undertakes any responsibility to the any Borrower under this Agreement or any other Loan Document to review or inform the any Borrower of any matter in connection with any phase of the any Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the any Lead Arranger, any Lender or nor any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Facility Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Facility Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lenderlenders. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on ----------------------- the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-non- appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Company on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerCompany solely by reason of being a party to this Agreement. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower Company to review or inform the Borrower Company of any matter in connection with any phase of the Borrower’s Company's business or operations. The Borrower Company agrees that none of neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have liability to the Borrower Company (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Company in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Lead Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Company hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be is solely that of borrower and lender. None of the Administrative Neither Agent, the Arranger, nor any Lender or any Issuer shall have has any fiduciary responsibilities to the Borrower. None any of the Administrative Borrowers. Neither Agent, the Arranger, nor any Lender or any Issuer undertakes any responsibility to any of the Borrower Borrowers to review or inform any of the Borrower Borrowers of any matter in connection with any phase of the BorrowerCompany’s business or operations. The Borrower agrees Borrowers agree that none of the Administrative neither Agent, the Arranger, nor any Lender or any Issuer shall have has liability to any of the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by any of the Borrower Borrowers suffers in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewithwith the Loan Documents, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Neither Agent, the Arranger, nor any Lender or any Issuer shall have has any liability with respect to, and the each Borrower hereby waives, releases releases, and agrees not to xxx for, any special, indirect indirect, consequential, or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated therebythey contemplate. No Arranger, in its capacity as such, has any duties or responsibilities under any Loan Document. Each Lender acknowledges that it has not relied and will not rely on any Arranger in deciding to enter into this Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless except to the extent it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or material breach of any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent Issuers nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, punitive, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents Documents, the Transactions or the other transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the ArrangerArrangers, the LC Issuer and/or any Lender and not involving the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arrangers, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability to the Borrower with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any the Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the Arranger, the LC Issuer and/or any Lender and not involving Holdco, the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arranger, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, 105 arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful wilful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the any Arranger, any LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that each Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on any Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall will, to the extent that relationship is the subject of this Agreement, be solely that of borrower borrowers and lenderlenders. None of Neither the Administrative Agent, the ArrangerSyndication Agents, the LC Issuer nor any Lender or any Issuer shall will have any fiduciary responsibilities to the BorrowerCredit Parties. None of Neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Credit Parties to review or inform the Borrower Credit Parties of any matter in connection with any phase of the Borrower’s Credit Parties’ business or operations. The Borrower agrees Credit Parties agree that none of neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer shall will have liability to the Borrower Credit Parties (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Credit Parties in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerSyndication Agent, the LC Issuer nor any Lender or any Issuer shall will have any liability with respect to, and the Borrower Credit Parties hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by the Borrower Credit Parties in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered suxxxred by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the Borrower’s Borrowers’ business or operations. The Borrower agrees Borrowers agree that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases release and agrees agree not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages consequentiax xamages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.. 9.11

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered xxffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Facility Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Facility Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuers, and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, any LC Issuer, nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is soughtsought or any related Person. None of Neither the Administrative Agent, the any Arranger, any Lender LC Issuer, any Lender, the Borrower or any Issuer Subsidiary Guarantor shall have any liability with respect to, and the Borrower each such Person hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower it in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, of or in any way related to, to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the xxe Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative either Agent, the either Arranger, any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers L/C Issuer and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless (x) it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is soughtsought or (y) such losses result from a claim brought by the Borrower against the Agents, any Lender or the L/C Issuer for breach in bad faith of such Person’s funding obligations hereunder or under any other Loan Document, if the Borrower has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. None of the Administrative AgentAgents, the Arranger, any Lender or any the L/C Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages (as opposed to direct or actual damages) suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Agent or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is except to the extent determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from jurisdiction. Neither the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer nor the Borrower shall have any liability with respect to, and the Borrower (with respect to the Agent, the Arranger and each Lender) and the Agent, the Arranger and each Lender (with respect to the Borrower) hereby waives, releases and agrees not to xxx for, for any special, indirect or consequential damages suffered by the Borrower any such party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful wilful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand Borrowers and the Lenders, the Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the any Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, Issuers nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless except to the extent it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or material breach of any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent Issuers nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, punitive, indirect or consequential damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents Documents, the Transactions or the other transactions contemplated thereby.. 146

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. The provisions of this Section 9.10 shall survive the termination of this Agreement.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Lender and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is soughtsought or any affiliate of such party. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lenderlenders. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer parties hereto shall have any liability with respect to, and the Borrower each party hereto hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower any such party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative AgentAgents, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx forsue xxx, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any Lender or any nor the Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any the Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any LC Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s 's business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct or breach of the obligations under the Loan Documents of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential damages suffered punitive damagex xuffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the any Borrower of any matter in connection with any phase of the Borrower’s Borrowers’ business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, of or in any way related to, to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the any Borrower in connection with, arising out of, of or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, nor any the Arranger, any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan DocumentsPapers, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents Papers or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the Arranger, the LC Issuer and/or any Lender and not involving Holdco, the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arranger, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, 105 arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower the Borrower and lenderLender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent 106 jurisdiction that such losses resulted from the gross negligence negligence, bad faith or willful misconduct of, or breach of the Loan Documents by, the party from which recovery is sought. None of sought or any dispute solely between or among the Administrative Agent, the ArrangerArrangers, the LC Issuer and/or any Lender and not involving Holdco, the Borrower, the Sponsors or their respective Affiliates. Neither the Administrative Agent, the Arrangers, the LC Issuer nor any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Lender and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-non- appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is soughtsought or any affiliate of such party. None of Neither the Administrative Agent, the Arranger, the Issuing Lender nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between ----------------------- the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indixxxt, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the any Borrower’s 's business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct or breach of the obligations under the Loan Documents of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrowers hereby waiveswaive, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower ----------------------- on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative AgentAgents, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence negligence, bad faith or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any lost profits or special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby. It is agreed that the Arranger shall, in its capacity as such, have no duties or responsibilities under the Agreement or any other Loan Document. Each Lender acknowledges that it has not relied and will not rely on the Arranger in deciding to enter into the Agreement or any other Loan Document or in taking or not taking any action.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Borrower, the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and each of the Borrower Borrower, the Administrative Agent, the Arranger, the LC Issuer and any Lender hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower any other Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the any Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative AgentAgent (and any sub-agent thereof), the ArrangerLC Issuers, any the Lenders, the Swingline Lender or any Issuer Related Party of any of the foregoing persons (each such person being called a “Released Person”) shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Released Person shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. The provisions of this Section 9.9 shall survive the termination of this Agreement.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower'’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction in a final and non-appealable order that such losses resulted from the gross negligence or willful misconduct of, or violation of applicable laws or any of the Loan Documents by, the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the any Borrower. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s 's business or operations. The Each Borrower agrees that none of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Arranger or any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.. 9.11

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted solely from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender LC Issuer or any Issuer Lender shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered sufxxxed by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrowers to review or inform the Borrower Borrowers of any matter in connection with any phase of the BorrowerCompany’s or any of its Subsidiary’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have liability to the any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerLC Issuer, the Arranger nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the any Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. . The relationship between the Borrower on the one hand and the Lenders, the Swingline Lender, the LC Issuers and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the either Joint Lead Arranger, any LC Issuer, the Swingline Lender or any Issuer Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. The provisions of this Section 9.10 shall survive the termination of this Agreement.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability to the Borrower with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Facility Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Facility Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities responsibility to the Borrower. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the any Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuers, and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, any LC Issuer, nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the LC Issuers and the Administrative Agent Agents on the other hand shall be solely that of borrower and lender. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations. The Borrower agrees that none of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final final, non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative AgentAgents, the ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the ArrangerArrangers, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Company on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerCompany solely by reason of being a party to this Agreement. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower Company to review or inform the Borrower Company of any matter in connection with any phase of the Borrower’s Company's business or operations. The Borrower Company agrees that none of neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have liability to the Borrower Company (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Company in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Lead Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Company hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower Company in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative AgentAgent (except to the limited extent as provided by Section 12.3.4 relating to maintaining the Register), the Arranger, Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrower or any other Credit Party. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer undertakes any responsibility to the Borrower or any other Credit Party to review or inform the Borrower any Credit Party of any matter in connection with any phase of the Borrower’s any Credit Party's business or operations. The Borrower agrees that none of neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, Arrangers nor any Lender or any Issuer shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower or any Subsidiary in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower Borrowers on the one hand and the Lenders, the Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the any Borrower. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer undertakes any responsibility to the any Borrower to review or inform the such Borrower of any matter in connection with any phase of the such Borrower’s business or operations. The Each Borrower agrees that none of neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have liability to the such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the such Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of Neither the Administrative Agent, the Arranger, the LC Issuer nor any Lender or any Issuer shall have any liability with respect to, and the each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the such Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Nonliability of Lenders. The relationship between the Borrower on the one hand and the Lenders, the Issuers Lenders and the Administrative Agent on the other hand shall be solely that of borrower and lender. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, Arranger or any Lender or any Issuer undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, any Lender or any Issuer no Indemnitee shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. None of the Administrative Agent, the Arranger, any Lender or any Issuer No Indemnitee shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx sxx for, (i) any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby, and (ii) any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. The provisions of this Section 9.10 shall survive the termination of this Agreement.