Common use of Third Parties Clause in Contracts

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, hereunder or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s duty of performance, including, without limitation, such Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Loan Party. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrowerany Loan Party’s duty of performance, including, without limitation, Borrowerany Loan Party’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents hereunder for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent, Issuing Bank or any Lender of Borrower’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneeparty, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Bxxxxxxx's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, hereunder or under any related agreements or documents of the other Loan Documents for the benefit of any third party donee, creditor or incidental beneficiary of the Borrower. Nothing contained in this Agreement shall be construed as a delegation to the Administrative Agent or any Lender of the Borrower’s 's duty of performance, including, without limitation, the Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers’ duty of performance, including, without limitation, Borrower’s Borrowers’ duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any the Collateral Documents or related agreements or and documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender Bank of any Borrower’s 's duty of performance, including, without limitation, any Borrower’s 's duties under any account or contract with any other PersonAccount in which Bank has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerXxxxxxxx. Nothing contained in this Agreement shall be construed as a delegation to Lender of BorrowerXxxxxxxx’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any the Collateral Documents or related agreements or and documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender Bank of Borrower’s duty 's duties of performance, including, without limitation, Borrower’s 's duties under any account Account or contract with any other PersonContract in which Bank has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneeparty, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Xxxxxxxx's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Debtor. Nothing contained in this Security Agreement shall be construed as a delegation to Lender the Secured Parties of Borrowera Debtor’s duty of performance, including, without limitation, Borrowersuch Debtor’s duties under any account or contract with any other Personperson or entity.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Debtor. Nothing contained in this Security Agreement shall be construed as a delegation to Lender the Secured Party of Borrowera Debtor’s duty of performance, including, without limitation, Borrowersuch Debtor’s duties under any account or contract with any other Personperson or entity.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s duty of performance, including, including without limitation, limitation Borrower’s duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s limitation Borrowers' duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany BORROWER. Nothing contained in this Agreement shall be construed as a delegation to Lender LENDER of Borrower’s any BORROWER'S duty of performance, including, without limitation, Borrower’s such BORROWER'S duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s duty of performance, including, without limitation, any Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneeparty, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneeparty, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrowerthe Company. Nothing contained in this Agreement shall be construed as a delegation to Lender any Purchaser of Borrowerthe Company’s duty of performance, including, without limitation, Borrowerthe Company’s duties under any account or contract with in which any other PersonPurchaser has a security interest.

Third Parties. No rights are intended to be created hereunder, or ------------- under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers, or either of them. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, a Borrower’s 's duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, -------------- hereunder or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or ------------- under any the Loan Documents or related agreements or and documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender Agent or Lenders of Borrower’s duty 's duties of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Personin which Agent has a security interest.

Third Parties. No rights are intended to be created hereunder, hereunder or under any related agreements or documents of the other Loan Documents for the benefit of any third party donee, creditor or incidental beneficiary of the Borrower. Nothing contained in this Agreement shall be construed as a delegation to the Administrative Agent or any Lender of the Borrower’s duty of performance, including, without limitation, the Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s duty of performance, including, without limitation, including such Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrower or any other Obligor. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's or any other Obligor's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrowerany Loan Party, Holding Company or Ensign. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s the duty of any Loan Party, Holding Company or Ensign of performance, including, without limitation, Borrower’s duties of any Loan Party, Holding Company or Ensign under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrowerany Credit Party. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrowerany Credit Party’s duty of performance, including, without limitation, Borrowerany Credit Party’s duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents Loan Documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerthe Borrower or any other Loan Party. Nothing contained in this Agreement shall be construed as a delegation to the Lender of the Borrower’s or any other Loan Party’s duty of performance, including, without limitation, the Borrower’s or any other Loan Party’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerDebtor. Nothing contained in this Agreement shall be construed as a delegation to Lender of BorrowerDebtor’s duty of performance, including, without limitation, BorrowerDebtor’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents other Loan Document for the benefit of any third third-party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s duty of performance, including, without limitation, including Borrower’s duties under any account Account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, ------------- hereunder or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall will be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary benefi ciary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Borrower(s). Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s 's duty of performance, including, without limitation, limitation such Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or ------------- under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or ------------- under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerbeneficiary. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneedone, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Financing Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender Agent of Borrower’s any Credit Party's duty of performance, including, including without limitation, Borrower’s limitation any Secured Credit Party's duties under any account or contract with any other Personin which Agent has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party doneeparty, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of BorrowerXxxxxxxx’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of BorrowerBxxxxxxx’s duty of performance, including, without limitation, Borrower’s duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrowerthe Company. Nothing contained in this Agreement shall be construed as a delegation to any Lender of Borrower’s the Company's duty of performance, including, without limitation, Borrower’s the Company's duties under any account or contract with in which any other PersonLender has a security interest.

Third Parties. No rights are intended to be created hereunder, or ------------- under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, hereunder or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall will be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Debtor. Nothing contained in this Agreement shall be construed as a delegation to Lender the Secured Parties of Borrowera Debtor’s duty of performance, including, without limitation, Borrowersuch Debtor’s duties under any account or contract with any other Personperson or entity.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of the Borrower. Nothing contained in this Agreement shall be construed as a delegation to the Agent or any Lender of the Borrower’s duty of performance, including, without limitation, the Borrower’s duties under any account Account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s 's duty of performance, including, without limitation, such Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary bene ficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrowerany Borrower(s). Nothing contained in this Agreement shall be construed as a delegation to Lender of any Borrower’s 's duty of performance, including, without limitation, limitation such Borrower’s 's duties under any account or contract with any other Personin which Xxxxxx has a security interest.

Third Parties. No rights are intended to be created hereunder, under this Agreement or under any related agreements or documents --------------- other Loan Document for the benefit of any third party donee, creditor (other than Fremont), or incidental beneficiary of any Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s Borrowers' duty of performance, including, including without limitation, Borrower’s limitation Borrowers' duties under any account or contract with in which Agent or any other PersonLender has a security interest.

Third Parties. No rights are intended to be created hereunder, hereunder or ---------------------------- under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary benefi-ciary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent, Issuing Bank or any Lender of Borrower’s 's duty of performance, including, without limitation, Borrower’s 's duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of the Borrower. Nothing contained in this Agreement shall be construed as a delegation to the Agent or any Lender of the Borrower’s 's duty of performance, including, without limitation, the Borrower’s 's duties under any account Account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary bene- ficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s limitation Borrowers' duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, ------------- under this Agreement or under any related agreements or documents other Loan Document for the benefit of any third party donee, creditor creditor, or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s 's duty of performance, including, including without limitation, limitation Borrower’s 's duties under any account or contract with any other Personin which Lender has a security interest.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary benefi ciary of either Borrower. Nothing contained in this Agreement shall be construed as a delegation to Agent or any Lender of Borrower’s Borrowers' duty of performance, including, without limitation, Borrower’s Borrowers' duties under any Lease, account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of BorrowerBorrowers. Nothing contained in this Agreement shall be construed as a delegation to Lender of Borrower’s Borrowers’ duty of performance, performance including, without limitation, Borrower’s Borrowers’ duties under any account or contract with any other Person.

Third Parties. No rights are intended to be created hereunder, or under any related agreements or documents for the benefit of any third party donee, creditor or incidental beneficiary of Borrower. Nothing contained in this Agreement shall be construed as a delegation to Lender the Secured Parties of Borrower’s duty of performance, including, without limitation, such Borrower’s duties under any account or contract with any other Personperson or entity.