Common use of Restriction on Liability Clause in Contracts

Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither Issuing Bank, nor its correspondents shall be responsible for: a. the use which may be made of any Letter of Credit or for any actions or omissions of the users of any Letter of Credit; b. the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; c. the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such document should in fact prove to be in any or all respects invalid, fraudulent or forged; d. except as specifically required by a Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation, or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or to surrender or take up any Letter of Credit; or e. errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, or otherwise. Issuing Bank shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing Bank, for any refusal by Issuing Bank or any of its correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, or for any matter beyond the control of Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank and or Lenders under this Agreement or the obligation of Borrower to make reimbursement hereunder. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, Borrower agrees that any action, unless such action constitutes willful misconduct or gross negligence, not contrary to the terms of any Letter of Credit, which is taken by Issuing Bank or any Lender issuing such Letter of Credit or by any correspondent under or in connection with such Letter of Credit shall be binding on Borrower and shall not put Issuing Bank or any Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction or omission unless such action or inaction constitutes gross negligence or willful misconduct.

Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither Neither Issuing Bank, Bank nor its correspondents any bank which is a confirming bank or an advising bank with respect to an LC (in this section called a "correspondent") shall be responsible for: a. for (a) the use which may be made of any Letter of Credit LC or for any actions acts or omissions of the users of any Letter of Credit; b. LC; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit LC or any other event which gives rise to a right to call upon any Letter of Credit; c. LC; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of CreditLC, even if such document documents should in fact prove to be in any or all respects invalid, fraudulent or forged; d. ; (d) except as specifically required by a Letter of Creditan LC, failure of any instrument to bear any reference or adequate reference to any Letter of CreditLC, or failure of documents to accompany any draft at negotiation, negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit LC or to surrender or take up any Letter of CreditLC; or e. or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, wireless or otherwise. Issuing Bank shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing Bank, for or any refusal by Issuing Bank or any of its the correspondents to pay or honor drafts drawn under any Letter of Credit LC because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, enforced or for any matter beyond the control of Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank and or Tranche B Lenders under this Agreement Agreement, or the obligation of Borrower to make reimbursement hereunderreimbursement. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, forth Borrower agrees that any action, unless such action constitutes willful misconduct taken or gross negligence, not contrary omitted to the terms of any Letter of Credit, which is be taken by Issuing Bank or any Tranche B Lender issuing such Letter of Credit or by any correspondent under or in connection with such Letter of Credit any LC shall be binding on Borrower and shall not put Issuing Bank or any Tranche B Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction unless grossly negligent or omission unless such action or inaction constitutes gross negligence or willful misconductin breach of good faith.

Restriction on Liability. The users of each No Issuing Bank nor any bank which is a confirming bank or an advising bank with respect to any Letter of Credit shall be deemed the agents of Borrower and neither Issuing Bank, nor its correspondents (in this section called a "CORRESPONDENT") shall be responsible for: a. for (a) the use which may be made of any Letter of Credit or for any actions acts or omissions of the users of any Letter of Credit; b. ; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; c. ; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such document documents should in fact prove to be in any or all respects invalid, fraudulent or forged; d. ; (d) except as specifically required by a any Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation, negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or to surrender or take up takeup any Letter of Credit; or e. or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, wireless or otherwise. No Issuing Bank shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing Bank, for or any refusal by an Issuing Bank or any of its the correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, enforced or for any matter beyond the control of an Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank Banks and or Lenders under this Agreement Agreement, or the obligation of Borrower to make reimbursement hereunderreimbursement. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, forth Borrower agrees that any action, unless such action constitutes willful misconduct or gross negligence, not contrary to the terms of any Letter of CreditCredit issued on its behalf, which is taken or omitted to be taken by any Issuing Bank or any Lender issuing such Letter of Credit or by any correspondent under or in connection with such any Letter of Credit shall be binding on Borrower and shall not put any Issuing Bank or any Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction unless grossly negligent or omission unless such action or inaction constitutes gross negligence or willful misconductin breach of good faith.

Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither Issuing BankLC Issuer, nor its correspondents shall be responsible for: a. (a) the use which may be made of any Letter of Credit or for any actions or omissions of the users of any Letter of Credit; b. (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; c. (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such document should in fact prove to be in any or all respects invalid, fraudulent or forged; d. (d) except as specifically required by a Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation, or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or to surrender or take up any Letter of Credit; or e. (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, or otherwise. Issuing Bank LC Issuer shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing BankLC Issuer, for any refusal by Issuing Bank LC Issuer or any of its correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, or for any matter beyond the control of Issuing BankLC Issuer. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank LC Issuer and or Lenders under this Agreement or the obligation of Borrower to make reimbursement hereunder. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, Borrower agrees that any action, unless such action constitutes willful misconduct or gross negligence, not contrary to the terms of any Letter of Credit, which is taken by Issuing Bank LC Issuer or any Lender issuing such Letter of Credit or by any correspondent under or in connection with such Letter of Credit shall be binding on Borrower and shall not put Issuing Bank LC Issuer or any Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction or omission unless such action or inaction constitutes gross negligence or willful misconduct.

Restriction on Liability. The users None of each Letter the Issuer, the Agent, any of Credit shall be deemed ------------------------- the agents of Borrower and neither Issuing Bank, nor its Lenders or their respective correspondents shall be responsible for: a. (i) the use which may be made of any Letter of Credit or for any actions or omissions of the users beneficiary of any Letter of Credit; b. (ii) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; c. (iii) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such document should in fact prove to be in any or all respects invalid, fraudulent or forged; d. (iv) except as specifically required by a Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation, or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or to surrender or take up any Letter of Credit; or e. (v) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, or otherwise. Issuing Bank The Issuer, the Agent and the Lenders shall not be responsible for any act, error, neglect or default, omissionomissions, insolvency or failure in the business of any of the correspondents of Issuing Bankthe Issuer, for any refusal by Issuing Bank the Issuer or any of its correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforcedin force, or for any matter beyond the control of Issuing Banksuch Person. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph Section shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank the Issuer, the Agent and or the Lenders under this Agreement or the obligation of Borrower to make reimbursement reimbursements hereunder. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, Borrower agrees that any action, unless such action constitutes willful misconduct or gross negligence, not contrary to the terms of any Letter of Credit, which is taken by Issuing Bank or any Lender Issuer in issuing such Letter of Credit or by any correspondent of Issuer under or in connection with such Letter of Credit shall be binding on Borrower and shall not put Issuing Bank Issuer or any Lender or any correspondent of Issuer's correspondents under any resulting liability to Borrower unless it is the result of such Person's gross negligence or willful misconduct and Borrower makes a like agreement as to any inaction or omission on the part of Issuer or any of its correspondents unless it is the result of such action or inaction constitutes Person's gross negligence or willful misconduct.

Restriction on Liability. The users of each No Issuing Bank nor any bank which is a confirming bank or an advising bank with respect to any Letter of Credit shall be deemed the agents of Borrower and neither Issuing Bank, nor its correspondents (in this section called a "correspondent") shall be responsible for: a. for (a) the use which may be made of any Letter of Credit or for any actions acts or omissions of the users of any Letter of Credit; b. ; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit or any other event which gives rise to a right to call upon any Letter of Credit; c. ; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of Credit, even if such document documents should in fact prove to be in any or all respects invalid, fraudulent or forged; d. ; (d) except as specifically required by a any Letter of Credit, failure of any instrument to bear any reference or adequate reference to any Letter of Credit, or failure of documents to accompany any draft at negotiation, negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit or to surrender or take up takeup any Letter of Credit; or e. or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, wireless or otherwise. No Issuing Bank shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing Bank, for or any refusal by an Issuing Bank or any of its the correspondents to pay or honor drafts drawn under any Letter of Credit because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, enforced or for any matter beyond the control of an Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank and or Lenders under this Agreement or the obligation of Borrower to make reimbursement hereunder. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, Borrower agrees that any action, unless such action constitutes willful misconduct or gross negligence, not contrary to the terms of any Letter of Credit, which is taken by Issuing Bank or any Lender issuing such Letter of Credit or by any correspondent under or in connection with such Letter of Credit shall be binding on Borrower and shall not put Issuing Bank or any Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction or omission unless such action or inaction constitutes gross negligence or willful misconduct.powers

Restriction on Liability. The users of each Letter of Credit shall be deemed the agents of Borrower and neither Neither Issuing Bank, Bank nor its correspondents any bank ------------------------ which is a confirming bank or an advising bank with respect to an LC (in this section called a "correspondent") shall be responsible for: a. for (a) the use which may be made of any Letter of Credit LC or for any actions acts or omissions of the users of any Letter of Credit; b. LC; (b) the existence or nonexistence of a default under any instrument secured or supported by any Letter of Credit LC or any other event which gives rise to a right to call upon any Letter of Credit; c. LC; (c) the validity, sufficiency or genuineness of any document delivered in connection with any Letter of CreditLC, even if such document documents should in fact prove to be in any or all respects invalid, fraudulent or forged; d. ; (d) except as specifically required by a Letter of Creditan LC, failure of any instrument to bear any reference or adequate reference to any Letter of CreditLC, or failure of documents to accompany any draft at negotiation, negotiation or failure of any person to note the amount of any draft on the reverse of any Letter of Credit LC or to surrender or take up any Letter of CreditLC; or e. or (e) errors, omissions, interruptions or delays in transmission or delivery of any messages by mail, cable, telegraph, wireless, wireless or otherwise. Issuing Bank shall not be responsible for any act, error, neglect or default, omission, insolvency or failure in the business of any of the correspondents of Issuing Bank, for or any refusal by Issuing Bank or any of its the correspondents to pay or honor drafts drawn under any Letter of Credit LC because of any applicable law, decree or edict, legal or illegal, of any governmental agency now or hereafter enforced, enforced or for any matter beyond the control of Issuing Bank. The happening of any one or more of the contingencies referred to in the preceding clauses of this paragraph shall not affect, impair or prevent the vesting of any of the rights or powers of Issuing Bank and or Lenders under this Agreement Agreement, or the obligation of Borrower to make reimbursement hereunderreimbursement. In furtherance and extension and not in limitation of the specific provisions hereinabove set forth, forth Borrower agrees that any action, unless such action constitutes willful misconduct taken or gross negligence, not contrary omitted to the terms of any Letter of Credit, which is be taken by Issuing Bank or any Lender issuing such Letter of Credit or by any correspondent under or in connection with such Letter of Credit any LC shall be binding on Borrower and shall not put Issuing Bank or any Lender or any correspondent under any resulting liability to Borrower and Borrower makes a like agreement as to any inaction unless grossly negligent or omission unless such action or inaction constitutes gross negligence or willful misconductin breach of good faith.