Safekeeping of Collateral. Agent shall not be liable or responsible in any way for the safekeeping of any of the Collateral or for any loss or damage thereto (except for reasonable care in the custody thereof while any Collateral is in Agent's actual possession) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency, or other person whomsoever, but the same shall be at Borrower's sole risk.
Safekeeping of Collateral. Except for damage caused by the Lender's gross negligence or willful misconduct, Lender shall not be responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage to the Collateral; (iii) any diminution in the value of the Collateral; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency or any other Person. All risk of loss, damage, destruction or diminution in value of the Collateral shall be borne be Guarantor.
Safekeeping of Collateral. U.S. Bank shall not be responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency or any other Person relating to the Collateral. All risk of loss, damage, destruction or diminution in value of the Collateral shall be borne by Borrower.
Safekeeping of Collateral. The Agent shall not be responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency or any other Person relating to the Collateral. All risk of loss, damage, destruction or diminution in value of the Collateral shall be borne by Borrower. May 27, 2004
Safekeeping of Collateral. 15 5.4 Lien on Realty.........................................16
Safekeeping of Collateral. To the maximum extent permitted by Applicable Law, the Collateral Agent shall not be responsible for: (a) the safekeeping of the Collateral of Borrower or any Guarantor (provided that the Collateral Agent deals with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account); (b) any loss or damage to such Collateral; (c) any diminution in the value of such Collateral; or (d) any act or default of any other Person relating to such Collateral. All risk of loss, damage, destruction or diminution in value of such Collateral shall be borne by Borrower and the Guarantors.
Safekeeping of Collateral. After issuance of the Collateral to Debtor by SofTech, the Collateral shall be placed in a safe deposit box at a mutually agreed upon Indiana site which requires two keys to gain access. One key shall be held by the Debtor and one shall be held by the Secured Party. SofTech shall bear the cost of such safe deposit box.
Safekeeping of Collateral. After issuance of the Collateral to Debtor by SofTech, the Collateral shall be placed in a safe deposit box at a mutually agreed upon North Carolina site which requires two keys to gain access. One key shall be held by the Debtor and one shall be held by the Secured Party. SofTech shall bear the cost of such safe deposit box.
Safekeeping of Collateral i. Pursuant to the Borrower Collateral Account Agreement, the Scotiabank Collateral Account Agreement, and the Servicing and Collateral Account Agreement the Borrower has irrevocably granted a first priority security interest in, and pledged, assigned and set over to the Disbursement Agent all of its right, title and interest in and to, the Accounts (other than the Construction Note Disbursement Account), all funds, cash, Permitted Investments and other items from time to time acquired by the Disbursement Agent with funds in the Accounts (other than the Construction Note Disbursement Account), as well as any earnings, proceeds or income therefrom and any claims, present or future, of the Borrower against any Person liable upon or for payment thereof (collectively, the "Accounts Collateral"), as security for the Obligations.
Safekeeping of Collateral. The Trustee shall not have any duty with respect to any Collateral other than the duty to use reasonable care in accordance with its customary practices in the safekeeping of any certificate or instrument evidencing such Collateral in its physical possession. Neither the Trustee nor any of the Beneficiaries shall be liable for any loss or damage to any of the Collateral arising from any act or default of any carrier, forwarding agency or other similar Person. Neither the Trustee nor any of the Beneficiaries shall be liable for any diminution in value of any of the Collateral.
