Protection or Preservation of Collateral. DFS will not have any contractual duty to protect, insure, collect or realize upon the Collateral or preserve rights in it against prior parties. DFS will not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral regardless of the cause.
Appears in 5 contracts
Samples: Credit and Security Agreement (Creative Computers Inc), Loan and Security Agreement (Travis Boats & Motors Inc), Loan and Security Agreement (Rdo Equipment Co)
Protection or Preservation of Collateral. DFS will not have any contractual duty to protect, insure, collect or realize upon the Collateral or preserve rights in it against prior parties. DFS will not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral regardless of the cause, excepting those arising directly from DFS' gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Credit and Security Agreement (Pomeroy Select Integration Solutions Inc), Credit and Security Agreement (Pomeroy Computer Resources Inc)
Protection or Preservation of Collateral. DFS will not have any contractual duty to protect, insure, collect or realize realise upon the Collateral or preserve rights in it against prior parties. DFS will not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral regardless of the cause.
Appears in 1 contract
Samples: Gt Bicycles Inc
Protection or Preservation of Collateral. DFS will not have any ---------------------------------------- contractual duty to protect, insure, collect or realize upon the Collateral or preserve rights in it against prior parties. DFS will not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral regardless of the cause, excepting those arising directly from DFS' gross negligence or willful misconduct.
Appears in 1 contract
Samples: Credit and Security Agreement (Pomeroy Computer Resources Inc)
Protection or Preservation of Collateral. DFS will not have any contractual duty to protect, insure, collect or realize upon the Collateral or preserve rights in it against prior parties. DFS will not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral regardless of the cause, other than any such shortage, discrepancy, damage, loss, or destruction to the Collateral in any manner relating to or arising from the gross negligence or willful misconduct of DFS.
Appears in 1 contract
Samples: Credit and Security Agreement (Elcom International Inc)
