Common use of Nonliability of the Lenders Clause in Contracts

Nonliability of the Lenders. Borrower and each Co-Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower and its Subsidiaries made by or through the Creditors are for purposes of administration of the Loans and Letters of Credit only and Borrower and its Affiliates are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower or its Subsidiaries); (b) By accepting or approving anything required to be observed, performed, fulfilled or given to the 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 Creditors; (c) The relationship between Borrower and the Co-Borrowers and the Creditors is, and shall at all times remain, solely that of borrowers and lenders; neither the Administrative Agent nor the Lenders shall under any circumstance be construed to be partners or joint venturers of Borrower or 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

Nonliability of the Lenders. Borrower Parent and each Co-Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower and Parent or its Subsidiaries made by or through the Creditors are solely for purposes of administration of this Agreement and Parent and the Loans and Letters of Credit only and Borrower and its Affiliates Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower or its SubsidiariesParent and the Borrowers); (b) By accepting accepting, furnishing or approving anything required to be observed, performed, fulfilled or given to the 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 Creditors; (c) The relationship between Borrower and among Parent, the Co-Borrowers and the Creditors is, and shall at all times remain, solely that of borrowers 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 Borrower Parent, Borrowers or its their 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 aa fiduciary relationship with Parent or its Affiliates, or to owe any fiduciary duty to Parent or its Affiliates; none of the Creditors undertakes or assumes any responsibility or duty to Parent or its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Parent or its Affiliates of any matter in connection with their Property or the operations of Parent or its Affiliates; Parent and its Affiliates shall rely entirely upon their 73 own judgment with respect to such matters; and any review, inspection, supervision, exercise of judgment or supply of information undertaken or assumed by the Creditors in connection with such matters is solely for the protection of the Creditors and neither Parent, the Borrowers nor any other Person is entitled to rely thereon; and (d) The 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 Parent and/or its Affiliates and Parent and each Borrower hereby indemnifies and holds the Creditors harmless from any such loss, damage, liability or claim.

Nonliability of the Lenders. Borrower Parent and each Co-Borrower acknowledges and agrees that: (a) Any inspections of any Property of Borrower and Parent or its Subsidiaries made by or through the Creditors are solely for purposes of administration of this Agreement and Parent and the Loans and Letters of Credit only and Borrower and its Affiliates Borrowers are not entitled to rely upon the same (whether or not such inspections are at the expense of Borrower or its SubsidiariesParent and the Borrowers); (b) By accepting accepting, furnishing or approving anything required to be observed, performed, fulfilled or given to the Creditors pursuant to the Loan -75- 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 Creditors; (c) The relationship between Borrower and among Parent, the Co-Borrowers and the Creditors is, and shall at all times remain, solely that of borrowers 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 Borrower Parent, Borrowers or its their 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 aa fiduciary relationship with Parent or its Affiliates, or to owe any fiduciary duty to Parent or its Affiliates; none of the Creditors undertakes or assumes any responsibility or duty to Parent or its Affiliates to select, review, inspect, supervise, pass judgment upon or inform Parent or its Affiliates of any matter in connection with their Property or the operations of Parent or its Affiliates; Parent and 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 Creditors in connection with such matters is solely for the protection of the Creditors and neither Parent, the Borrowers nor any other Person is entitled to rely thereon; and (d) The 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 Parent and/or its Affiliates and Parent and each Borrower hereby indemnifies and holds the Creditors harmless from any such loss, damage, liability or claim.