Common use of Reliance, Etc Clause in Contracts

Reliance, Etc. Neither Lender nor any of its Affiliates nor any of their respective directors, officers, employees or attorneys shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or the other Loan Documents, except for damages caused by its or their own gross negligence or willful misconduct. Without limiting the generality of the foregoing, Lender: (a) may consult with legal counsel, independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith in accordance with the advice of such counsel, accountants or experts; (b) makes no warranty or representation to Borrowers or Credit Parties and shall not be responsible to Borrowers or Credit Parties for any statements, warranties or representations made in or in connection with this Agreement or the other Loan Documents; (c) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or the other Loan Documents on the part of Borrowers and Credit Parties or to inspect the Collateral (including the books and records) of Borrowers or Credit Parties; (d) shall not be responsible to Borrowers or Credit Parties for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or the other Loan Documents or any other instrument or document furnished pursuant hereto or thereto; and (e) shall incur no liability under or in respect of this Agreement or the other Loan Documents by acting upon any notice, consent, certificate or other instrument or writing (which may be by telecopy, telegram, cable or telex) believed by it to be genuine and signed or sent by the proper party or parties.

Reliance, Etc. Neither Lender Lenders nor any of its Affiliates nor any of their respective directors, officers, employees or attorneys shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or the other Loan Documents, except for damages caused by its or their own gross negligence or willful misconduct. Without limiting the generality of the foregoing, each Lender: (a) may consult with legal counsel, independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith in accordance with the advice of such counsel, accountants or experts; (b) makes no warranty or representation to Borrowers or Credit Parties and shall not be responsible to Borrowers or Credit Parties for any statements, warranties or representations made in or in connection with this Agreement or the other Loan Documents; (c) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or the other Loan Documents on the part of Borrowers and Credit Parties or to inspect the Collateral (including the books and records) of Borrowers or Credit Parties; (d) shall not be responsible to Borrowers or Credit Parties for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or the other Loan Documents or any other instrument or document furnished pursuant hereto or thereto; and (e) shall incur no liability under or in respect of this Agreement or the other Loan Documents by acting upon any notice, consent, certificate or other instrument or writing (which may be by telecopy, telegram, cable or telex) believed by it to be genuine and signed or sent by the proper party or parties.

Reliance, Etc. Neither Lender None of the Note Agent nor any of its Affiliates nor any of their respective directors, officers, agents, parties, attorneys or employees or attorneys shall be liable to any Note Purchaser for any action taken or omitted to be taken by it or them under or in connection with this Agreement or the other Loan DocumentsAgreement, except for damages caused by its or their own gross negligence or willful misconduct. Without limiting the generality of the foregoing, Lender: the Note Agent (ai) may consult with independent legal counselcounsel (including counsel for the Issuer), independent certified public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith by it in accordance with the advice of such counsel, accountants or experts; , (bii) makes no representation or warranty or representation to Borrowers or Credit Parties any Note Purchaser and shall not be responsible to Borrowers or Credit Parties any Note Purchaser for any statements, representations or warranties or representations made in or in connection with this Agreement or the other Loan Documents; Agreement, (ciii) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or the other Loan Documents on the part of Borrowers and Credit Parties or to inspect the Collateral Issuer, (including the books and records) of Borrowers or Credit Parties; (div) shall not be responsible to Borrowers or Credit Parties any Note Purchaser for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or (except for the other Loan Documents or any other instrument or document furnished pursuant hereto or thereto; execution by the Note Agent of, and the legality, validity and enforceability against the Note Agent of its obligations under, this Agreement), and (ev) shall incur no liability under or in respect of this Agreement or the other Loan Documents by acting upon any noticenotice (including notice by telephone), consent, certificate or other instrument or writing (which may be by telecopy, telegram, cable facsimile or telex) believed by it to be genuine and signed or sent by the proper party or parties; except in each case for its gross negligence or willful misconduct.

Reliance, Etc. Neither Lender the Agent nor any of its Affiliates nor any Related Parties (for the purposes of their respective directorsthis Section 7.2, officerscollectively, employees or attorneys the "Indemnified Parties") shall be liable for any action taken or omitted to be taken by it or them any Indemnified Party under or in connection with this Agreement or the other Loan Credit Documents, INCLUDING ANY INDEMNIFIED PARTY'S OWN NEGLIGENCE, except for damages caused by its or their own any Indemnified Party's gross negligence or willful misconduct. Without limiting limitation of the generality of the foregoing, Lenderthe Agent: (a) may treat the payee of any Note as the holder thereof until the Agent receives written notice of the assignment or transfer thereof signed by such payee and in form satisfactory to the Agent; (b) may consult with legal counselcounsel (including counsel for the Borrower), independent public accountants accountants, and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith by it in accordance with the advice of such counsel, accountants accountants, or experts; (bc) makes no warranty or representation to Borrowers or Credit Parties any Bank and shall not be responsible to Borrowers or Credit Parties any Bank for any statements, warranties warranties, or representations made in or in connection with this Agreement or the other Loan Credit Documents; (cd) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants covenants, or conditions of this Agreement or the any other Loan Documents Credit Document on the part of Borrowers and the Credit Parties or to inspect the Collateral property (including the books and records) of Borrowers or the Credit Parties; (de) shall not be responsible to Borrowers or Credit Parties any Bank for the due execution, legality, validity, enforceability, genuineness, sufficiency sufficiency, or value of this Agreement or the other Loan Documents or any other instrument or document furnished pursuant hereto or theretoCredit Document; and (ef) shall incur no liability under or in respect of this Agreement or the any other Loan Documents Credit Document by acting upon any notice, consent, certificate certificate, or other instrument or writing (which may be by telecopy, telegram, cable telecopier or telex) reasonably believed by it to be genuine and signed or sent by the proper party or parties.

Reliance, Etc. Neither Lender nor any of its Affiliates the Agent, the Issuing Bank, nor any of their respective directors, officers, agents or employees or attorneys shall be liable for any action taken or omitted to be taken by it or them under or in connection with this Agreement or the other Loan Documentsany Related Document, except for damages caused by its or their own gross negligence or willful misconductmisconduct as determined by a court of competent jurisdiction. Without limiting limitation of the generality of the foregoing, Lender: each of the Agent and the Issuing Bank (ai) may consult with legal counselcounsel (including counsel for the Account Party), independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith by it in accordance with the advice of such counsel, accountants or experts; (bii) makes no warranty or representation to Borrowers or Credit Parties any Participating Bank and shall not be responsible to Borrowers or Credit Parties any Participating Bank for any statements, warranties or representations made in or in connection with this Agreement or the other Loan Documentsany Related Document; (ciii) shall not have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or the other Loan Documents any Related Document on the part of Borrowers and Credit Parties the Account Party to be performed or observed, or to inspect the Collateral any property (including the books and records) of Borrowers or Credit Partiesthe Account Party; (div) shall not be responsible to Borrowers or Credit Parties any Participating Bank for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or the other Loan Documents any Related Document or any other instrument or document furnished pursuant hereto or and thereto; and (ev) shall incur no liability under or in respect of this Agreement or the other Loan Documents any Related Document by acting upon any notice, consent, certificate or other instrument or writing (which may be by telecopy, telegram, cable or telex) ), including, without limitation, any thereof from time to time purporting to be from the Trustee, believed by it to be genuine and signed or sent by the proper party or parties.