Common use of Disclaimer of Certain Duties Clause in Contracts

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of, or otherwise obtain value for the Collateral. (b) Secured Party shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor, Account Debtor or other Person. Debtor waives any right of marshaling in respect of any and all Collateral, and waives any right to require Secured Party to proceed against any Obligor, Account Debtor, or other Person, exhaust any Collateral, or enforce any other remedy which Secured Party now has or may hereafter have against any Obligor or other Person.

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any other Guaranteed Party to exercise any such powers. Debtor Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of, of or otherwise obtain value for the Collateral. (b) Subject to the provisions of the Credit Agreement, Secured Party shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor, Account Debtor Obligor or other Person. Debtor Pledgor waives any right of marshaling in respect of any and all Collateral, and waives any right to require Secured Party or any other Guaranteed Party to proceed against any Obligor, Account Debtor, Obligor or other Person, exhaust any Collateral, Collateral or enforce any other remedy which Secured Party or any other Guaranteed Party now has or may hereafter have against any Obligor or other Person.

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its Secured Party's interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Debtor Each Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of, of or otherwise obtain value for the Collateral. (b) Other than as set forth in this Agreement, Secured Party shall not be under no any duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or of demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor, Account Debtor Obligor or other PersonPerson and each Pledgor hereby waives all of the foregoing. Debtor Other than as set forth in this Agreement, each Pledgor waives any right of marshaling in respect of any and all Collateral, and waives any right to require Secured Party to proceed against any Obligor, Account Debtor, Obligor or other Person, any right to exhaust any Collateral, collateral or any right to enforce any other remedy which Secured Party now has or may hereafter have against any Obligor or other Person.

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any Lender to exercise any such powers. Debtor To the extent permitted by applicable law, Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party's delay or failure to collect upon, foreclose, sell, take possession of, of or otherwise obtain value for the Collateral. (b) Secured Party shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor, Account Debtor Obligor or other Person. Debtor Pledgor waives any right of marshaling in respect of any and all Collateral, and waives any right to require Secured Party or any Lender to proceed against any Obligor, Account Debtor, Obligor or other Person, exhaust any Collateral, Collateral or enforce any other remedy which Secured Party or any Lender now has or may hereafter have against any Obligor or other Person.