Common use of Nonliability of the Lenders Clause in Contracts

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; Borrower, Subsidiary of Borrower and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Parent and each Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower Parent or any Subsidiary of Borrower its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are solely for purposes of administration of this Agreement and Parent and the Revolving Facility only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerParent and the Borrowers); (b) By accepting accepting, furnishing or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance acceptance, furnishing or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower among Parent, the Borrowers and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers, guarantors and lenders; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be construed to be partners or joint venturers of BorrowerParent, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates; neither none of the Administrative Agent nor the Lenders undertake Creditors undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates; Borrower, Subsidiary of Borrower Parent and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower Parent, the Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Parent and/or any of their respective its Affiliates and Parent and each Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are solely for purposes of administration of the Revolving Facility only this Agreement and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting accepting, furnishing or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance acceptance, furnishing or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of a borrower and lenders; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither none of the Administrative Agent nor the Lenders undertake Creditors undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent Agent, the Issuing Lender or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent Agent, the Issuing Lender or the Lenders pursuant to the Loan Documents, neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent Agent, the Issuing Lender or the Lenders; (c) The relationship between Borrower and the Administrative Agent Agent, the Issuing Lender and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent Agent, the Issuing Lender or the Lenders in connection with such matters is solely for the protection of the Administrative Agent Agent, the Issuing Lender and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent Agent, the Issuing Lender and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent Agent, the Issuing Lender and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Loan Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and such other Loan Parties are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent, the Collateral Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent, the Collateral Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent, the Collateral Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent, the Collateral Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent, the Collateral Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent, the Collateral Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent, the Collateral Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent, the Collateral Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent, the Collateral Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent, the Collateral Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent, the Collateral Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent, the Collateral Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders no Creditor shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between Borrower each Obligor and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be construed to be partners a partner or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliatesventurer with the Obligors; neither the Administrative Agent nor the Lenders no creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other special relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliatesthe Obligors, or to owe any fiduciary duty or other special duty to Borrower, any Subsidiary of Borrower the Obligors; no Creditor undertakes or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective Affiliates the Obligors of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective Affiliatesthe Obligors; Borrower, Subsidiary of Borrower and their respective Affiliates the Obligors shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower the Obligors nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates the Obligors and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Obligor made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; Borrower, Subsidiary of Borrower the other Obligors and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower other Obligor and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges Borrowers acknowledge and agrees agree that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Borrowers made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrowers); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Borrowers and/or any of their respective its Affiliates and Borrower Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent Agent, the Collateral Agent, the Issuing Lender or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent Agent, the Collateral Agent, the Issuing Lender or the Lenders pursuant to the Loan Documents, neither the Administrative Agent Agent, the Collateral Agent, the Issuing Lender nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent Agent, the Collateral Agent, the Issuing Lender or the Lenders; (c) The relationship between Borrower and the Administrative Agent Agent, the Collateral Agent, the Issuing Lender and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent Agent, the Collateral Agent, the Issuing Lender nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Collateral Agent, the Issuing Lender nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Collateral Agent, the Issuing Lender nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent Agent, the Collateral Agent, the Issuing Lender or the Lenders in connection with such matters is solely for the protection of the Administrative Agent Agent, the Collateral Agent, the Issuing Lender and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent Agent, the Collateral Agent, the Issuing Lender and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent Agent, the Collateral Agent, the Issuing Lender and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. The Borrower acknowledges and agrees that: (a) Any inspections of any Property property of Borrower or any Subsidiary of the Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only Loan Documents only, and the Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of the Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between the Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners Lender undertakes or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume assumes any responsibility or duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates of any matter in connection with their Property property or the operations of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; Borrower, Subsidiary of the Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders any Lender in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither the Borrower nor any other Person is entitled to rely thereon; and; (d) Neither the Administrative Agent nor any Lender shall under any circumstance be deemed to be in an advisory, fiduciary or agency relationship with the Borrower and its Affiliates or have a fiduciary or other implied duty to the Borrower and its Affiliates; (e) The Administrative Agent and the Lenders Lenders, and their Affiliates, may have economic interests that conflict with those of the Borrower or its Affiliates; and (f) Neither the Administrative Agent nor any Lender shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property property caused by the actions, inaction or negligence of Borrower, any Subsidiary of the Borrower and/or any of their respective its Affiliates and the Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges Borrowers acknowledge and agrees agree that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Borrowers made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrowers); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Borrowers and/or any of their respective its Affiliates and Borrower Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 14.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower Borrower, Parent or any Subsidiary of Borrower or Parent made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders and agent for lenders, as applicable; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrower, Parent or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, Parent or any Subsidiary of Borrower or Parent or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, Parent, any Subsidiary of Borrower or Parent, or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, Parent, any Subsidiary of Borrower or Parent or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, Parent, any Subsidiary of Borrower or Parent, or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, Parent, any Subsidiary of Borrower or Parent or any of their respective Affiliates; Borrower, Parent, any Subsidiary of Borrower or Parent and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrower, Parent, any Subsidiary of Borrower or Parent and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Credit Documents, neither the Administrative Agent nor the Lenders no Creditor shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between Borrower each Obligor and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be construed to be partners a partner or joint venturers of Borrower, any Subsidiary of venturer with Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders no creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other special relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty or other special duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective or its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower Xxxxxxxx acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent Agent, the Issuing Lender or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent Agent, the Issuing Lender or the Lenders pursuant to the Loan Documents, neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent Agent, the Issuing Lender or the Lenders; (c) The relationship between Borrower Xxxxxxxx and the Administrative Agent Agent, the Issuing Lender and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Issuing Lender nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent Agent, the Issuing Lender or the Lenders in connection with such matters is solely for the protection of the Administrative Agent Agent, the Issuing Lender and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent Agent, the Issuing Lender and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent Agent, the Issuing Lender and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders no Creditor shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be construed to be partners a partner or joint venturers of Borrower, any Subsidiary venturer with of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders no creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other special relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty or other special duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective or its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Obligor made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Facilities only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower other Obligor or any of their respective Affiliates; Borrower, Subsidiary of Borrower the other Obligors and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower other Obligor and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Each of the Tribe and Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loan Documents only and neither the Tribe nor Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between the Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower a borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of the Tribe or with Borrower or any of their respective Affiliates, or to owe any fiduciary duty to the Tribe, Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective its Affiliates; Borrowerthe Tribe, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither the Tribe, Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrowerthe Tribe, any Subsidiary of Borrower and/or any of their respective and its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Guarantor made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and Guarantor are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower each Obligated Party on the one hand and the Lenders, the LC Issuer, the Acceptance Lender, the Arranger, the Administrative Agent Agent, the Collateral Agent, and the Lenders is, and U.K. Security Trustee on the other hand shall at all times remain, be solely that of borrower debtor and lenders; neither creditor. Neither the Administrative Agent Agent, the Collateral Agent, the Arranger, the U.K. Security Trustee, the LC Issuer, the Acceptance Lender, nor the Lenders any Lender shall under have any circumstance be construed fiduciary responsibilities to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither Obligated Party. Neither the Administrative Agent Agent, the Collateral Agent, the Arranger, the U.K. Security Trustee, the LC Issuer, the Acceptance Lender, nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume Lender undertakes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates Obligated Party to select, review, inspect, supervise, pass judgment upon review or inform Borrower, any Subsidiary of Borrower or any of their respective Affiliates such Obligated Party of any matter in connection with their Property any phase of the other Obligated Parties’ business or operations. Each Obligated Party agrees that neither the Administrative Agent, the Collateral Agent, the Arranger, the U.K. Security Trustee, the LC Issuer, the Acceptance Lender, nor any Lender shall have liability to such Obligated Party (whether sounding in tort, contract, or otherwise) for losses suffered by such Obligated 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 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. Neither the Administrative Agent, the Collateral Agent, the Arranger, the U.K. Security Trustee, the LC Issuer, the Acceptance Lender, nor any Lender shall have any liability with respect to, and each Obligated Party hereby waives, releases, and agrees not to xxx for, any special, indirect, consequential, or punitive damages suffered by such Obligated Party in connection with, arising out of, or in any way related to the Loan Documents or the operations of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; Borrower, Subsidiary of Borrower and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claimtransactions contemplated thereby.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Loan Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and such other Loan Parties are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 18.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to Table of Contents injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Each of the Tribe and Borrower --------------------------- acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loan Documents only and neither the Tribe nor Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between the Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower a borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of the Tribe or with Borrower or any of their respective Affiliates, or to owe any fiduciary duty to the Tribe, Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrowerthe Tribe, any Subsidiary of Borrower or any of their respective its Affiliates; Borrowerthe Tribe, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither the Tribe, Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrowerthe Tribe, any Subsidiary of Borrower and/or any of their respective and its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Loan Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and such other Loan Parties are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, ; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, ; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges Borrowers acknowledge and agrees agree that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Borrowers made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrowers); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower Borrowers and the -92- Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Borrowers and/or any of their respective its Affiliates and Borrower Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 14.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower The Company acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower the Company and its Subsidiaries made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan Documents only and Borrower is the Company and its Subsidiaries are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Company and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of a borrower and lenders; neither the Administrative Agent nor the Lenders and no Creditor shall under any circumstance circumstances be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; Borrower, Subsidiary of Borrower the Company and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; matters and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Company nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders No Creditor shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates and Borrower the Company hereby indemnifies indemnities and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees --------------------------- that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from ----- any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility credit facilities provided hereunder only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan DocumentsDocu ments, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship rela tionship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Managing Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Managing Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Managing Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Managing Agent or the Lenders; (c) The relationship between Borrower and the Administrative Managing Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Managing Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Managing Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Managing Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Managing Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Managing Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Managing Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds hold the Administrative Managing Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any -97- 104 circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower Borrower and lendersthe Lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent Parent Entities on the one hand and the Lenders is, and Administrative Agent on the other hand shall at all times remain, be solely that of borrower and lenders; neither the lender. Neither Administrative Agent nor the Lenders shall under any circumstance be construed Lender has any fiduciary relationship with or duty to be partners any Parent Entity arising out of or joint venturers of Borrower, any Subsidiary of Borrower in connection with this Agreement or any of their respective Affiliates; neither the other Loan Documents, and the relationship between the Parent Entities, on the one hand, and Administrative Agent and the Lenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor. Neither Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume Lender undertakes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates Parent Entity to select, review, inspect, supervise, pass judgment upon review or inform Borrower, any Subsidiary of Borrower or any of their respective Affiliates Parent Entity of any matter in connection with their Property any phase of any Parent Entity’s business or operations. Borrower agrees, on behalf of itself and each other Parent Entity, that neither Administrative Agent nor any Lender shall have liability to any Parent Entity (whether sounding in tort, contract or otherwise) for losses suffered by any Parent Entity in connection with, arising out of, or in any way related to the operations of Borrowertransactions contemplated and the relationship established by the Loan Documents, any Subsidiary of Borrower or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of their respective Affiliates; Borrowercompetent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. NO LENDER PARTY 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, Subsidiary NOR SHALL ANY LENDER PARTY HAVE ANY LIABILITY WITH RESPECT TO, AND BORROWER ON BEHALF OF ITSELF AND EACH OTHER PARENT ENTITY, 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 CLOSING DATE, EXCEPT FOR GROSS NEGLIGENCE BY OR WILLFUL MISCONDUCT AS DETERMINED BY A FINAL, NONAPPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION). Borrower acknowledges that it has been advised by counsel in the negotiation, execution and delivery of Borrower this Agreement and their respective Affiliates shall rely entirely upon their own judgment with respect the other Loan Documents to such matters; and any review, inspection, supervision, exercise of judgment which it is a party. No joint venture is created hereby or supply of information undertaken or assumed by the Administrative Agent other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Lenders in connection with such matters is solely for or among the protection of the Administrative Agent Parent Entities and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claimLenders.

Nonliability of the Lenders. Borrower acknowledges The Borrowers acknowledge and agrees agree that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower the Borrowers made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is the Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrowerthe Borrowers); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower the Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower the Borrowers and/or any Affiliate of their respective Affiliates any of the Borrowers and Borrower the Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower Each Credit Party acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Credit Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower no Credit Party is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrowersuch Credit Party); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Credit Parties and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Credit Party or any of their respective Affiliates; Borrower, Subsidiary of Borrower each Credit Party and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Credit Parties nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Credit Party and/or any of their respective its Affiliates and Borrower each Credit Party hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only Loans only, but Borrower shall be permitted, at its request, to obtain a copy of any report prepared by a consultant to the Administrative Agent that does not contain confidential privileged communications between such consultant and the Administrative Agent provided that the Administrative Agent shall have no responsibility to Borrower is not entitled with respect to rely upon the same (whether or not contents of such inspections are at the expense of Borrower)report; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower and its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection -104- of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Parent and each Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower Parent or any Subsidiary of Borrower its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are solely for purposes of administration of this Agreement and Parent and the Revolving Facility only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerParent and the Borrowers); (b) By accepting accepting, furnishing or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance acceptance, furnishing or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower among Parent, the Borrowers and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers, guarantors and lenders; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be construed to be partners or joint venturers of BorrowerParent, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither none of the Administrative Agent nor the Lenders Creditors shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates; neither none of the Administrative Agent nor the Lenders undertake Creditors undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Parent or any of their respective its Affiliates; Borrower, Subsidiary of Borrower Parent and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders -68- Creditors and neither Borrower Parent, the Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Parent and/or any of their respective its Affiliates and Parent and each Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower Borrower and lendersthe Lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence confi- dence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability lia- bility or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Each Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower the Borrowers and their Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is the Borrowers and their Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrowerthe Borrowers or their Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower the Borrowers and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of the Domestic Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of the Domestic Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of the Domestic Borrower or any of their respective its Affiliates; Borrower, Subsidiary of the Domestic Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither the Domestic Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower the Borrowers and/or any of their respective Affiliates and Borrower the Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent Agent, the Arranger or the Lenders are for purposes of administration of the Revolving Facility Loan Documents only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent the Arranger and the Lenders is, and shall at all times remain, solely that of a borrower and lenders; neither the Administrative Agent the Arranger nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Arranger nor the Lenders shall under any circumstance 65 71 be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Arranger nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent the Arranger or the Lenders in connection with such matters is solely for the protection of the Administrative Agent Agent, the Arranger, the Swing Line Lender and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent the Arranger and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnities and holds the Administrative Agent Agent, the Arranger and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Loan Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and such other Loan Parties are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group,; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group,; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower other Loan Party made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and such other Loan Parties are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; other Loan Party, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliatesother Loan Party, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliatesother Loan Party; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates other Loan Party, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective Affiliates other Loan Party, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective Affiliatesother Loan Party; Borrower, Subsidiary of Borrower and their respective Affiliates such other Loan Parties shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates other Loan Party, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 18.10 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Each of the Tribe and the Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of the Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loan Documents only and the Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither none of the Administrative Agent nor the Lenders Creditors shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between the Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower a borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of the Tribe or the Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of the Tribe or the Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of the Tribe or the Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrowerthe Tribe, any Subsidiary of the Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrowerthe Tribe, any Subsidiary of the Borrower or any of their respective its Affiliates; Borrowerthe Tribe, Subsidiary of the Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither the Tribe, the Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrowerthe Tribe, any Subsidiary of the Borrower and/or any of their respective and its Affiliates and the Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower and each Co-Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower and its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent Co-Borrowers and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower Borrower, the Co-Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Co-Borrowers hereby indemnify and hold the Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees --------------------------- that: (a) Any inspections of any Property of Borrower Borrower, Parent or any Subsidiary of Borrower or Parent made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrower, Parent or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, Parent or any Subsidiary of Borrower or Parent or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, Parent, any Subsidiary of Borrower or Parent, or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, Parent, any Subsidiary of Borrower or Parent or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, Parent, any Subsidiary of Borrower or Parent, or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, Parent, any Subsidiary of Borrower or Parent or any of their respective Affiliates; Borrower, Parent, any Subsidiary of Borrower or Parent and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, Parent, any Subsidiary of Borrower or Parent and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, ------------- damage, liability or claim.

Nonliability of the Lenders. Each Borrower acknowledges and agrees that: (a) Any inspections of any Property of any Borrower or any Subsidiary and reports of Borrower financial advisors made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and such Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of such Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower the Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and each Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their its Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Each Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and such Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of such Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower the Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower the Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and each Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower Xxxxxxxx acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower Xxxxxxxx and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with BorrowerXxxxxxxx, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform BorrowerXxxxxxxx, any Subsidiary of Borrower or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; Borrower, Subsidiary of Borrower and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. The Borrower acknowledges and agrees that: (a) Any inspections of any Property property of Borrower or any Subsidiary of the Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only Loan Documents only, and the Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of the Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between the Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners Lender undertakes or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume assumes any responsibility or duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates of any matter in connection with their Property property or the operations of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; Borrower, Subsidiary of the Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders any Lender in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither the Borrower nor any other Person is entitled to rely thereon; and; (d) Neither the Administrative Agent nor any Lender shall under any circumstance be deemed to be in an advisory, fiduciary or agency relationship with the Borrower and its Affiliates or have a fiduciary or other implied duty to the Borrower and its Affiliates with respect to this Agreement and the transactions contemplated hereby; (e) The Administrative Agent and the Lenders Lenders, and their Affiliates, may have economic interests that conflict with those of the Borrower or its Affiliates; and (f) Neither the Administrative Agent nor any Lender shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property property caused by the actions, inaction or negligence of Borrower, any Subsidiary of the Borrower and/or any of their respective its Affiliates and the Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. The Company and each Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower the Company and its Subsidiaries made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan Documents only and Borrower is the Company and its Subsidiaries are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower the Company, Borrowers and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders and no Creditor shall under any circumstance circumstances be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower the Company or any of their respective its Affiliates; Borrower, Subsidiary of Borrower the Company and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; matters and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent Agent, ING UK or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower the Company nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders No Creditor shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property or other loss, damage, liability or claim caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective the Company and its Affiliates and each Borrower hereby indemnifies indemnities and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees --------------------------- that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility only Loan only, but Borrower shall be permitted, at its request, to obtain a copy of any report prepared by a consultant to the Administrative Agent that does not contain confidential privileged communications between such consultant and the Administrative Agent provided that the Administrative Agent shall have no responsibility to -------- Borrower is not entitled with respect to rely upon the same (whether or not contents of such inspections are at the expense of Borrower)report; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from ----- any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower and its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. The Borrower acknowledges and agrees that: (a) Any inspections of any the Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and the Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor including any certificate, financial statement, insurance policy or other document, the Lenders shall not be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between the Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of a borrower and lenderslender; neither the Administrative Agent nor the Lenders shall not under any circumstance be construed to be partners a partner or joint venturers venturer of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall not under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders do not undertake or assume any responsibility or duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates of any matter in connection with their Property the Property, any Collateral held by the Lenders or the operations of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; Borrower, Subsidiary of the Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither the Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property property caused by the actions, inaction or negligence of Borrower, any Subsidiary of the Borrower and/or any of their respective its Affiliates and the Borrower hereby indemnifies and holds the Administrative Agent Lenders and the Lenders their assignees harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders no Creditor shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lendersany Creditor; (c) The relationship between Borrower each Obligor and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders no Creditor shall under any circumstance be construed to be partners a partner or joint venturers of Borrower, any Subsidiary of venturer with Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders no creditor shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other special relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty or other special duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake no Creditor undertakes or assume assumes any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective or its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders each Creditor harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Guarantor made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is and Guarantor are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates; the Consolidated Group, neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any other member of their respective Affiliates the Consolidated Group, of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any other member of their respective Affiliatesthe Consolidated Group; Borrower, Subsidiary of Borrower and their respective Affiliates such other members shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; (d) To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit, or the use of the proceeds thereof. No Indemnitee shall be liable for 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; and (de) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any other member of their respective Affiliates the Consolidated Group, and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges Borrowers acknowledge and agrees agree that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Borrowers made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrowers); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower Borrowers and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower Borrowers or any of their respective Affiliates; Borrower, Subsidiary of Borrower Borrowers and their respective Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower Borrowers nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower Borrowers and/or any of their respective its Affiliates and Borrower Borrowers hereby indemnifies indemnify and holds hold the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and --------------------------- agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower and its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that:: --------------------------- (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent Agent, the Arranger, the Swing Line Lender or the Lenders are for purposes of administration of the Revolving Facility Loan Documents only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower)same; (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent Agent, the Arranger, the Swing Line Lender and the Lenders is, and shall at all times remain, solely that of a borrower and lenders; neither the Administrative Agent Agent, the Arranger, the Swing Line Lender nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Arranger, the Swing Line Lender nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent Agent, the Arranger, the Swing Line Lender nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent Agent, the Arranger, the Swing Line Lender or the Lenders in connection with such matters is solely for the protection of the Administrative Agent Agent, the Arranger, the Swing Line Lender and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent Agent, the Arranger, the Swing Line Lender and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent Agent, the Arranger, the Swing Line Lender and the Lenders harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees --------------------------- that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower made by or through the Administrative Agent or the Lenders are for purposes of administration of the Revolving Facility Loan only and Borrower is not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the Lenders; (c) The relationship between Borrower and the Administrative Agent and the Lenders is, and shall at all times remain, solely that of borrower borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders in connection with such matters is solely for the protection of the Administrative Agent and the Lenders and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders harmless on the terms set forth in Section 11.11 from ----- any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower or any Subsidiary of Borrower Station made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of BorrowerBorrower or Station); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of Borrower or any of their respective its Affiliates; Borrower, Subsidiary of Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of Borrower and/or any of their respective its Affiliates and Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 12.11 from any such loss, damage, liability or claim.

Nonliability of the Lenders. The Borrower acknowledges and agrees that: (a) Any inspections of any Property of the Borrower or any Subsidiary of Borrower and its Subsidiaries made by or through the Administrative Agent or the Lenders Creditors are for purposes of administration of the Revolving Facility Loans and Letters of Credit only and the Borrower is and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrowerthe Borrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the Administrative Agent or the Lenders Creditors pursuant to the Loan Documents, neither the Administrative Agent nor the Lenders shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by the Administrative Agent or the LendersCreditors; (c) The relationship between the Borrower and the Administrative Agent and the Lenders Creditors is, and shall at all times remain, solely that of borrower and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders shall under any circumstance be deemed to be in a relationship of confidence or trust or a fiduciary or other "special" relationship with Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates, or to owe any fiduciary duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; neither the Administrative Agent nor the Lenders undertake or assume any responsibility or duty to Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates of any matter in connection with their Property or the operations of Borrower, any Subsidiary of the Borrower or any of their respective its Affiliates; Borrower, Subsidiary of the Borrower and their respective its Affiliates shall rely entirely upon their own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Administrative Agent or the Lenders Creditors in connection with such matters is solely for the protection of the Administrative Agent and the Lenders Creditors and neither the Borrower nor any other Person is entitled to rely thereon; and (d) The Administrative Agent and the Lenders Creditors shall not be responsible or liable to any Person for any loss, damage, liability or claim of any kind relating to injury or death to Persons or damage to Property caused by the actions, inaction or negligence of Borrower, any Subsidiary of the Borrower and/or any of their respective its Affiliates and the Borrower hereby indemnifies and holds the Administrative Agent and the Lenders Creditors harmless on the terms set forth in Section 11.11 from any such loss, damage, liability or claim.