Common use of Relationship of Parties; No Third Party Beneficiary Clause in Contracts

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement or the other Loan Documents will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement or the other Loan Documents will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement or the other Loan Documents and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtednessindebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any Any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds (“Servicing Arrangement”) will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) . Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no . No payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Funding Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Continuing Covenant Agreement will create any other relationship between Funding Lender and Borrower. Nothing contained in this Loan Continuing Covenant Agreement will constitute Funding Lender as a joint venturer, partner or agent of Borrower, or render Funding Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Continuing Covenant Agreement and no other Person will be a third third-party beneficiary of this Loan Continuing Covenant Agreement or any other Loan Financing Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Funding Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“"Servicing Arrangement”") between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third third-party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Lxxxxx and Borrower Bxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender Lxxxxx and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Funding Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Continuing Covenant Agreement will create any other relationship between Funding Lender and Borrower. Nothing contained in this Loan Continuing Covenant Agreement will constitute Funding Lender as a joint venturer, partner partner, or agent of Borrower, or render Funding Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Continuing Covenant Agreement and no other Person will be a third third-party beneficiary of this Loan Continuing Covenant Agreement or any other Loan Financing Document. Without limiting the generality of the preceding sentence: (i) any Any arrangement (“Servicing Arrangement”) between Funding Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) . Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no . No payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third third-party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner partner, or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third third-party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any Any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) . Borrower will not be a third third-party beneficiary of any Servicing Arrangement, and (iii) no . No payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“"Servicing Arrangement”") between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“"Servicing Arrangement”") between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtorxxx xxbtor, respectivelyxxxxxxxively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement Instrxxxxx will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Lxxxxx and Borrower Bxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender Lxxxxx and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender and Borrower will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement will create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement and no other Person will be a third party beneficiary of this Loan Agreement or any other Loan Document. Without limiting the generality of the preceding sentence: (i) any arrangement (“Servicing Arrangement”) between Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer Multifamily Loan and Security Agreement Page 79 (Park at Kensington) that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Relationship of Parties; No Third Party Beneficiary. (a) The relationship between Lender Xxxxxx and Borrower Xxxxxxxx will be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement Instrument will create any other relationship between Lender Xxxxxx and Borrower. Nothing contained in this Loan Agreement Instrument will constitute Lender as a joint venturer, partner or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations or contracts of Borrower. (b) No creditor of any party to this Loan Agreement Instrument and no other Person will be a third party beneficiary of this Loan Agreement Instrument or any other Loan Document. Without limiting the generality of the preceding sentence: , (i) any arrangement (“Servicing Arrangement”) between Lender or Funding Lender and any Loan Servicer for loss sharing or interim advancement of funds will constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any Servicing Arrangement, and (iii) no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness. (c) Funding Lender shall be entitled to direct all remedies and other actions which may be exercised by Lender under this Instrument.