Common use of Rights, Exculpation, Etc Clause in Contracts

Rights, Exculpation, Etc. Neither the Agent nor any of its Affiliates, officers, directors, employees, agents, attorneys or consultants shall be liable to any Instrument Holder for any action taken or omitted by them hereunder or under any of the Transaction Documents, or in connection herewith or therewith, except that (i) the Agent shall be obligated on the terms set forth herein for performance of its express obligations hereunder, and (ii) Agent shall be liable to the Instrument Holders for damages caused by its gross negligence in the discharge of its duties hereunder or its own willful misconduct. The Agent shall not be responsible to any Instrument Holder for any recitals, statements, representations or warranties herein or for the execution, effectiveness, genuineness, validity, enforceability, collectability, or sufficiency of this Agreement, or any of the other Transaction Documents, or any of the transactions contemplated hereby and thereby, or for the financial condition of Lessee. The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any of the Transaction Documents or the financial condition of Lessee, or the existence or possible existence of any Incipient Default or Event of Default.

Rights, Exculpation, Etc. Neither the Agent Agent, any Affiliate of Agent, nor any of its Affiliates, their respective officers, directors, employees, agents, attorneys or consultants consultants, shall be liable to any Instrument Holder Lender for any action taken or omitted by them hereunder or under any of the Transaction Loan Documents, or in connection herewith or therewith, except that (i) the Agent shall be obligated on liable for its gross negligence or willful misconduct in the terms set forth herein for performance of its express obligations hereunder. Agent shall not be liable for any apportionment or distribution of payments made by it in good faith pursuant to Section 11.C, and (ii) Agent if any such apportionment or distribution is subsequently determined to have been made in error the sole recourse of any Person to whom payment was due, but not made, shall be liable to recover from the Instrument Holders for damages caused by its gross negligence recipients of such payments any payment in excess of the discharge of its duties hereunder or its own willful misconductamount to which they are determined to have been entitled. The Agent shall not be responsible to any Instrument Holder Lender for any recitals, statements, representations or warranties herein or for the execution, effectiveness, genuineness, validity, enforceability, collectability, collectibility or sufficiency of this Agreement, or any of the other Transaction Loan Documents, or any of the transactions contemplated hereby and thereby, ; or for the financial condition of LesseeBorrowers. The Agent shall not be required to make any inquiry concerning or to ascertain either the performance or observance of any of the terms, provisions or conditions of this Agreement or any of the Transaction Documents or the financial condition of Lessee, or the existence or possible existence of any Incipient Default or Event of Default.the

Rights, Exculpation, Etc. Neither the Agent Administrative Agent, any Affiliate of Administrative Agent, nor any of its Affiliates, their respective officers, directors, employees, agents, attorneys or consultants consultants, shall be liable to any Instrument Holder Lender or Designated Bid Lender for any action taken or omitted by them hereunder or under any of the Transaction Loan Documents, or in connection herewith or therewith, except that (i) the Administrative Agent shall be obligated on liable for its gross negligence or willful misconduct, or willful misconduct in the terms set forth herein for performance of its express obligations hereunder, and (ii) Agent shall be liable to the Instrument Holders for damages caused by its gross negligence in the discharge of its duties hereunder or its own willful misconduct. The Administrative Agent shall not be responsible to any Instrument Holder Lender or Designated Bid Lender for any recitals, statements, representations or warranties herein or for the execution, effectiveness, genuineness, validity, enforceability, collectability, collectibility or sufficiency of this Agreement, Agreement or any of the other Transaction Loan Documents, or any of the transactions contemplated hereby and thereby, ; or for the financial condition of Lesseethe REIT, Borrower, any UPP Subpartnership or any of their Affiliates. The Administrative Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any of the Transaction Loan Documents or the financial condition of Lesseethe REIT, Borrower, any UPP Subpartnership or any of their Affiliates, or the existence or possible existence of any Incipient Unmatured Event of Default or Event of Default.