Common use of No Liability of Lender Clause in Contracts

No Liability of Lender. Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the management, conduct or operation of the business affairs of Borrower or any Guarantor. Nothing, including without limitation any advance of funds or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender, and no condition hereof, or of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor and Lender to be other than that of borrower, guarantor or lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and against any cost, expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower or any Guarantor.

No Liability of Lender. Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the management, conduct or operation of the business affairs of Borrower or any GuarantorLoan. Nothing, including without limitation any advance of funds or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, has not assumed and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower and no term or condition hereof, or of any of the Loan Documentsdocuments securing the loan, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the documents securing the Loan, shall be construed so as to deem the relationship between Borrower, any Guarantor and Lender to be other than that of borrowerBorrower, guarantor or lenderGuarantor and Lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrowerBorrower, guarantor Guarantor and lenderLender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and any against any loss, cost, expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower or any GuarantorBorrower.

No Liability of Lender. Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the management, conduct or operation construction of the business affairs Improvements except to advance the Loan and Borrower’s Deposit pursuant to this Agreement. Lender shall not be obligated to inspect the Property or the construction of Borrower the Improvements, nor be liable for the adequacy or content of any Construction Contract, the performance or default of Borrower, Architect, Inspecting Person, Contractor or any Guarantorother party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower. Nothing, including without limitation any advance of funds Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, and has not assumed, and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower, and no term or condition hereof, or of any of the Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor Borrower and Lender to be other than that of borrower, guarantor or and lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor Borrower and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and against any costBORROWER HEREBY INDEMNIFIES AND AGREES TO HOLD LENDER HARMLESS FROM AND AGAINST ANY LIABILITY, expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the managementLOSS, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower or any GuarantorCOST OR EXPENSE INCURRED OR SUFFERED BY LENDER AS A RESULT OF ANY ASSERTION OR CLAIM OF ANY LIABILITY OR RESPONSIBILITY OF LENDER FOR THE PAYMENT OR PERFORMANCE OF ANY INDEBTEDNESS OR OBLIGATION OF BORROWER.

No Liability of Lender. Lender shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the management, conduct or operation construction of the business affairs Improvements except to advance the Loan and Borrower's Deposit pursuant to this Agreement. Lender shall not be obligated to inspect the Property or the construction of Borrower the Improvements, nor be liable for the performance or default of Borrower, Engineer, Inspecting Architects/Engineers, Contractor or any Guarantorother party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower. Nothing, including without limitation any advance of funds Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, and has not assumed, and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantor, and no term or condition hereof, or of any of the Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges that no term or condition hereof, or of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor Guarantor, and Lender to be other than that of borrower, guarantor or and lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and against any costliability, loss, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantor.

No Liability of Lender. Lender shall have no liabilitynot be obligated to inspect the Collateral, obligation ---------------------- nor be liable for the performance or responsibility whatsoever with respect to the management, conduct or operation of the business affairs default of Borrower or any Guarantorother Person, or for any failure to protect or insure the Collateral, or for the performance of any obligation of Borrower or any other Loan Party. Nothing, including without limitation any advance of funds or limitation, acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, and has not assumed, and by its execution and acceptance of this Agreement hereby expressly disclaims any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any other Loan Party, and no term or condition hereof, or of any of the Loan Documents, shall be construed otherwise. Each Loan Party hereby expressly acknowledges that no term or condition hereof, or of any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor Guarantor, and Lender to be other than that of borrower, guarantor or and lender, and Borrower each Loan Party shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower Each Loan Party hereby indemnifies and agrees to hold Lender safe and harmless from and against any costliability, loss, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantorother Loan Party.

No Liability of Lender. Lender Lender, Lender’s Representative, and Inspecting Architect/Engineer shall have no liability, obligation ---------------------- or responsibility whatsoever with respect to the management, conduct or operation construction of the business affairs Improvements. Lender shall not be obligated to inspect the Commercial Land, Plans, or the construction of Borrower the Improvements, nor be liable for the performance or default of Borrower, Architect, the Inspecting Architect/Engineer, Contractor, or any Guarantorother party, or for any failure to construct, complete, protect or insure the Improvements, or for the payment of costs of labor, materials or services supplied for the construction of the Improvements, or for the performance of any obligation of Borrower. Nothing, including without limitation any advance of funds Advance or acceptance of any document or instrument, shall be construed as a representation or warranty, express or implied, to any party by Lender. Further, Lender shall not have, has not assumed, and by its execution and acceptance of the Agreement hereby expressly disclaims, any liability or responsibility for the payment or performance of any indebtedness or obligation of Borrower or of any Guarantor, and no term or condition hereofherein, or in any of the other Loan Documents, shall be construed otherwise. Borrower hereby expressly acknowledges and agrees that no term or condition herein, or in any of the Loan Documents, shall be construed so as to deem the relationship between Borrower, any Guarantor Guarantor, and Lender to be other than that of borrower, guarantor or and lender, and Borrower shall at all times represent that the relationship between Borrower, any Guarantor and Lender is solely that of borrower, guarantor and lender. Borrower hereby indemnifies and agrees to hold Lender safe and harmless from and against any costliability, loss, cost or expense or liability incurred or suffered by Lender as a result of any assertion or claim of any obligation or responsibility of Lender for the management, operation and conduct of the business and affairs of Borrower or any Guarantor, or as a result of any assertion or claim of any liability or responsibility of Lender for (i) the Plans, or the construction of the Improvements, and/or (ii) the payment or performance of any indebtedness or obligation of any Borrower or any Guarantor.