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 Issuers LC Issuer and the Administrative Agent on the other hand shall be solely that of the 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, 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. 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 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 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 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 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 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 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 LC Issuer and the Administrative Designated Agent on the other hand shall be solely that of the borrower and lender. None of Neither the Administrative Designated Agent, the ArrangerArrangers, any LC Issuer nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Designated Agent, the ArrangerArrangers, 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 Designated Agent, the ArrangerArrangers, 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 Designated Agent, the ArrangerArrangers, 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 the Arrangers 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 Arrangers 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. (a) The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Banks and the Administrative Agent on the other hand shall be solely that of borrower and lendercreditor. None of the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrower or any other Loan Party. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower or any other Loan Party to review or inform the Borrower or any other Loan Party of any matter in connection with any phase of the Borrower’s or any other Loan Party’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower or any other Loan Party (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower, the Borrower or any other Loan Party 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 and 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 nor any Lender or any Issuer shall have any liability with respect to, and the Borrower and each other Loan Party hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Borrower or any other Loan 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 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 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 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 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 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 soughtsought or any of its Affiliates or a material breach of the obligations of such party or any of its Affiliates under the Loan Documents. 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. 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 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. (a) The relationship between the Borrower on the one hand and the Lenders, the Issuers Issuing Banks and the Administrative Agent on the other hand shall be solely that of borrower and lendercreditor. None of the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrower or any other Loan Party. None of Neither the Administrative Agent, the Arranger, any Arranger nor any Lender or any Issuer undertakes any responsibility to the Borrower or any other Loan Party to review or inform the Borrower or any other Loan Party of any matter in connection with any phase of the Borrower’s or any other Loan Party’s business or operations. The Borrower agrees that none of the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Borrower or any other Loan Party (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower, the Borrower or any other Loan Party 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 and 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 nor any Lender or any Issuer shall have any liability with respect to, and the Borrower and each other Loan Party hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by the Borrower or any other Loan 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 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, 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 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 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 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 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 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 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 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 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 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 Neither the Administrative Agent nor any Lender has any fiduciary relationship with or duty to the Company or any of its subsidiaries arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Loan Parties, on the one hand, and the Administrative AgentAgent and the Lenders, on the Arrangerother hand, in connection herewith or therewith is solely that of debtor and creditor. Neither the Administrative Agent nor 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 Company or any of its subsidiaries to review or inform the Borrower Company or any of its subsidiaries of any matter in connection with any phase of the Borrower’s Company or any of its subsidiaries’ business or operations. The Borrower agrees Company agrees, on behalf of itself and each of its subsidiaries, that none of neither the Administrative Agent, the Arranger, Agent nor any Lender or any Issuer shall have liability to the Borrower Company or any of its subsidiaries (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Company or any of its subsidiaries in connection with, arising out 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 the The Administrative Agent, the ArrangerLenders and their respective Affiliates may be engaged, for their own accounts or the accounts of customers, in a broad range of transactions that involve interests that differ from those of the Company and its Affiliates, and neither the Administrative Agent or any Lender has any obligation to disclose any of such interests to the Company or any Issuer shall have any liability with respect toits Affiliates. NO PARTY HERETO SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE BY OTHERS OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH INTRALINKS OR OTHER SIMILAR INFORMATION TRANSMISSION SYSTEMS IN CONNECTION WITH THIS AGREEMENT, NOR SHALL ANY PARTY HERETO HAVE ANY LIABILITY WITH RESPECT TO, AND EACH PARTY (AND THE COMPANY ON BEHALF OF ITSELF AND EACH OTHER LOAN PARTY), HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ARISING OUT OF ITS ACTIVITIES IN CONNECTION HEREWITH OR THEREWITH (WHETHER BEFORE OR AFTER THE 2019 RESTATEMENT EFFECTIVE DATE); PROVIDED THE FOREGOING SHALL NOT LIMIT THE COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 15.16. The Company acknowledges that it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the Borrower other Loan Documents to which it is a party. No joint venture is created 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 other Loan Documents or otherwise exists by virtue of the transactions contemplated therebyhereby among the Lenders or among the Company or any of its subsidiaries and the Lenders.

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 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 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 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 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 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 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, 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 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 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 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 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 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, 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.

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, 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 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 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 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 the Administrative Agent, the Arranger, any Lender or any Issuer No party hereto shall have any liability with respect to, and the Borrower hereby each party waives, releases and agrees not to xxx sue for, any lost profits or 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; provided that nothing contained in this sentence shall limit or otherwise relieve the Borrower’s indemnity obligations under Section 9.6(b). It is agreed that no Arranger shall, in its capacity as such, have any 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 Subsidiary ----------------------- 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 Subsidiary 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 Subsidiary Borrower. None of Neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer undertakes any responsibility to the Subsidiary Borrower to review or inform the Subsidiary Borrower of any matter in connection with any phase of the Subsidiary Borrower’s 's business or operations. The Subsidiary Borrower agrees that none of neither the Administrative Agent, the Arranger, Arranger nor any Lender or any Issuer shall have liability to the Subsidiary Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Subsidiary Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Subsidiary Borrower 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 Subsidiary Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by the Subsidiary Borrower in connection with, arising out of, or in any way related to the Subsidiary Borrower Loan Documents Documents, the Guaranty 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 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 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 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 indirect, consequential or consequential punitive damages suffered by the Borrower and its Subsidiaries 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 the Arrangers 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 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, 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 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 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 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 '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 sue for, any special, indirect or consequential damages suffered sufferxx 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 the 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 the Arrangers shall, in their 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 the Administrative Agent, the Arranger, either Arranger or any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of the Administrative Agent, the Arranger, either 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 that, except as otherwise expressly provided in this Agreement, none of the Administrative Agent, the Arranger, either 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, either 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 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

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 sue for, any special, indirect or consequential damages suffered by xx 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 that, except as otherwise expressly provided in this Agreement, 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 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 responsibility 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, 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-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 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 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 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 Arrangers nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower. None of Neither the Administrative Agent, the ArrangerLC Issuer, the 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 ArrangerLC Issuer, the 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 ArrangerLC Issuer, the 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 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

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 ArrangerArrangers, the LC Issuers or any Lender or any Issuer shall have any fiduciary responsibilities to the BorrowerBorrowers. None of the Administrative AgentAgents, the ArrangerArrangers, 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 business or operations. The Borrower agrees Borrowers agree that none of the Administrative AgentAgents, the ArrangerArrangers, 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 ArrangerArrangers, 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 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 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 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 '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 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, 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 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 solely 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 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 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 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 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 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 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 any 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 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 the Administrative Agent, the Arranger, any Lender or any Issuer No party hereto shall have any liability with respect to, and the Borrower hereby each party waives, releases and agrees not to xxx sxx for, any lost profits or 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; provided that nothing contained in this sentence shall limit or otherwise relieve the Borrower’s indemnity obligations under Section 9.6(b). It is agreed that no Arranger shall, in its capacity as such, have any 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 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 solely 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 sue for, any special, indirect indirect, consequential or consequential punitive damages suffered sxxxered 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 45 51 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 LC Issuer and the Administrative Agent on the other hand shall be solely that of the 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 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. It is agreed that the Arrangers shall, in their 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 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, 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 nor any of their respective affiliates or any Issuer shall have any liability with respect toof their directors, 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.officers and

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 Neither the Administrative Agent, the Arranger, nor any Lender or any Issuer shall have any fiduciary responsibilities to the Borrower, the Partnership or the REIT. None of Neither the Administrative Agent, the Arranger, nor any Lender or any Issuer undertakes any responsibility to the Borrower Borrower, the Partnership or the REIT to review or inform the Borrower them of any matter in connection with any phase of the Borrower’s business or operationsoperations of the Borrower, the Partnership or the REIT. The Borrower agrees Borrower, the Partnership and the REIT agree that none of neither the Administrative Agent, the Arranger, nor any Lender or any Issuer shall have liability to the Borrower Borrower, the Partnership or the REIT (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower Borrower, the Partnership or the REIT 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, nor any Lender or any Issuer shall have any liability with respect to, and the Borrower Borrower, the Partnership or the REIT hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by the Borrower Borrower, the Partnership or the REIT 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 any 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 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 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. 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 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 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.