Common use of Electronic Transmission of Data Clause in Contracts

Electronic Transmission of Data. The Administrative Agent, the Lenders, and the Borrower agree that certain data related to the Loan (including confidential information, documents, applications and reports) may be transmitted electronically, including transmission over the internet. This data may be transmitted to, received from or circulated among agents and representatives of the Borrower, the Administrative Agent, the Lenders, and/or their respective affiliates and other persons involved with the subject matter of this Agreement. The Borrower acknowledges and agrees that (i) there are risks associated with the use of electronic transmission and that the Administrative Agent and the Lenders do not control the method of transmittal or service providers, (ii) the Administrative Agent and the Lenders have no obligation or responsibility whatsoever, and assume no duty or obligation, for the security, receipt or third party interception of any such transmission, and (iii) THE BORROWER WILL RELEASE, HOLD HARMLESS AND INDEMNIFY THE ADMINISTRATIVE AGENT AND THE LENDERS FOR, FROM AND AGAINST ANY CLAIM, DAMAGE OR LOSS, INCLUDING THAT ARISING IN WHOLE OR PART FROM THE LENDERS’ AND/OR THE ADMINISTRATIVE AGENT’S STRICT LIABILITY OR SOLE, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE, WHICH IS RELATED TO THE ELECTRONIC TRANSMISSION OF DATA.

Electronic Transmission of Data. The Administrative Agent, the Lenders, Each of Borrower and the Borrower agree Operating Lessee agrees that certain data related to the Loan (including confidential information, documents, applications and reports) may be transmitted electronically, including transmission over the internetInternet. This data may be transmitted to, received from or circulated among agents and representatives of the Borrower, the Operating Lessee Administrative Agent, the Lenders, Agent and/or Lenders and their respective affiliates Affiliates and other persons involved with the subject matter of this Agreement. The Each of Borrower and Operating Lessee acknowledges and agrees that (ia) there are risks associated with the use of electronic transmission and that the Administrative Agent and the Lenders do not control the method of transmittal or service providers, (iib) the Administrative Agent and the Lenders have no obligation or responsibility whatsoever, whatsoever and assume assumes no duty or obligation, obligation for the security, receipt or third party interception of any such transmission, transmission and (iiic) THE EACH OF BORROWER WILL AND OPERATING LESSEE RELEASE, HOLD HARMLESS AND INDEMNIFY THE ADMINISTRATIVE AGENT AND THE LENDERS INDEMNITEES FOR, FROM AND AGAINST ANY CLAIM, DAMAGE OR LOSS, INCLUDING THAT ARISING IN WHOLE OR PART FROM THE LENDERSINDEMNITEES’ AND/OR THE ADMINISTRATIVE AGENT’S STRICT LIABILITY OR SOLE, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE, WHICH IS RELATED TO RESULTS FROM THE ELECTRONIC TRANSMISSION OF DATADATA RELATED TO THE LOAN.