Common use of Nonliability Clause in Contracts

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

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

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

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

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