Common use of Custodian to Act as Agent; Acceptance of Custodial Files Clause in Contracts

Custodian to Act as Agent; Acceptance of Custodial Files. The Custodian, as the duly appointed agent of the Lender and the Borrower for these purposes, hereby agrees that it shall hold each Business Lease and the other documents constituting each Custodial File which are delivered to the Custodian, as agent of the Lender and the Borrower, in trust, for the use and benefit of the Lender and the Borrower, as their interests may appear. The Custodian undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. Except upon compliance with the provisions of Section 2.3, no Business Lease or other document constituting a part of a Custodial File shall be delivered by the Custodian to the Lender, the Borrower, or any other person or shall be otherwise released from the possession of the Custodian.