Common use of Other Rights and Duties of Bank Clause in Contracts

Other Rights and Duties of Bank. (a) The Bank need exercise only those rights and need perform only those duties that are contemplated or specifically set forth in this Bank Agreement and no others. (b) Notwithstanding anything herein to the contrary, the Bank may not be relieved from liability for its own grossly negligent action, its own grossly negligent failure to act, or its own willful misconduct except that (i) This paragraph does not limit the effect of paragraph (a) of this Section. (ii) The Bank shall not be liable with respect to any action it takes or omits to take in good faith in accordance with a notice received by it pursuant to the subscription agreements executed by the Purchasers in connection with the purchase of the Notes. (c) The Bank may rely on any document believed by it to be genuine and to have been signed or presented by the proper person. The Bank need not investigate any fact or matter stated in the document. (d) Before the Bank acts or refrains from acting, it may require an officer's certificate or an opinion of counsel. The Bank shall not be liable for any action it takes or omits to take in good faith in reliance on the certificate or opinion. (e) The Bank may act through agents and shall not be responsible for the misconduct or negligence of any agent appointed with due care.

Other Rights and Duties of Bank. (a) The Bank need exercise only those rights and need perform only those duties that are contemplated or specifically set forth in this Bank Agreement and no others. (b) Notwithstanding anything herein to the contrary, the Bank may not be relieved from liability for its own grossly negligent action, its own grossly negligent failure to act, or its own willful misconduct except that (i) This paragraph does not limit the effect of paragraph (a) of this Section. (ii) The Bank shall not be liable with respect to any action it takes or omits to take in good faith in accordance with a notice received by it pursuant to the subscription agreements executed by the Purchasers in connection with the purchase of the NotesDebentures. (c) The Bank may rely on any document believed by it to be genuine and to have been signed or presented by the proper person. The Bank need not investigate any fact or matter stated in the document. (d) Before the Bank acts or refrains from acting, it may require an officer's certificate or an opinion of counsel. The Bank shall not be liable for any action it takes or omits to take in good faith in reliance on the certificate or opinion. (e) The Bank may act through agents and shall not be responsible for the misconduct or negligence of any agent appointed with due care.