Common use of Non-Reliance on Agent Clause in Contracts

Non-Reliance on Agent. Each Bank agrees that it has, independently and without reliance on the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company and its Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Agent shall not be required to keep informed as to the performance or observance by the Company of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company or its Subsidiaries. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Agent hereunder, the Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries (or any of its related companies) which may come into the Agent's possession.

Non-Reliance on Agent. Each Bank Lender agrees that it has, independently and without reliance on the Agent or any other BankLender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company Borrower and its Subsidiaries and the decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Agent shall not be required to keep informed as to the performance or observance by the Company Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company or its SubsidiariesBorrower. Except for notices, reports and other documents and information expressly required to be furnished to the Banks Lenders by the Agent hereunder, the Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries Borrower (or any of its related companies) which may come into the Agent's possession; provided, however, that to the extent Agent has not received any such notice, report or other documents and information, Agent shall have no such obligation to provide such information to the Lenders.

Non-Reliance on Agent. Each Bank agrees that it has, independently and without reliance on the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company NPCI and its Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Agent shall not be required to keep informed as to the performance or observance by the Company of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company NPCI or its Subsidiaries. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Agent hereunder, the Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the CompanyNPCI, its Subsidiaries (or any of its related companies) which may come into the Agent's possession.

Non-Reliance on Agent. Each Bank (and each successor and assignee thereof) agrees that it has, independently and without reliance on the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and evaluation of the Company Borrower and its Subsidiaries and filings relating thereto, the manner of perfection of the security interest in any collateral provided hereunder and under the Pledge Agreement and its own decision to enter into this Agreement the Loan Documents and make the Loans and that it will, independently and without reliance upon the AgentAgent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreementthe Loan Documents. The Agent shall not be required to keep itself informed as to the performance or observance by the Company Borrower of this Agreement or any the other document referred to or provided for herein Loan Documents or to inspect the properties or books of the Company or its Subsidiariesany party. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Agent hereunderhereunder or under the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries (Borrower that may come into the possession of the Agent or any of its related companies) which affiliates as a result of its or their independent dealings with the Borrower; provided that the Agent shall endeavor to provide the Banks with such other information as it may come into the Agent's possessionreceive in its capacity as Agent hereunder.

Non-Reliance on Agent. Each Bank agrees that it has, independently and without reliance on the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company and its Subsidiaries Borrower and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Agent shall not be required to keep informed as to the performance or observance by the Company Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company Borrower or any of its Subsidiaries. Except The Agent shall use its best efforts to relay to each Bank any information pertaining to the Borrower or its Subsidiaries which comes into the possession of the Agent’s Corporate Banking Division; provided however, that except for notices, reports and other documents and information expressly required to be furnished to the Banks each Bank by the Agent hereunder, the Agent Agent, in the absence of negligence or willful misconduct, shall not have any duty or responsibility be liable to provide any Bank with for its failure to relay or furnish to any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries (or Bank any of its related companies) which may come into the Agent's possessioninformation.

Non-Reliance on Agent. Each Bank agrees Lender, the L/C Issuer and the Swingline Lender agree that (i) it has, independently and without reliance on the Agent or any other BankAgent, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company Borrower and its Subsidiaries and decision to enter into this Agreement and (ii) that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Except as otherwise provided herein or under any other Loan Document, the Agent shall not be required have any duty to keep the Lenders, the L/C Issuer or the Swingline Lender informed as to the performance or observance by the Company Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company or its Subsidiaries. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Agent hereunder, the Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries (Borrower or any of its related companies) which may come into Subsidiaries. The Agent, in the Agent's possessionabsence of gross negligence or willful misconduct, shall not be liable to any Lender, the L/C Issuer or the Swingline Lender for their failure to relay or furnish to the Lender, the L/C Issuer or the Swingline Lender any information.

Non-Reliance on Agent. Each Bank agrees Lender acknowledges that it has, independently and without reliance on upon the Agent or any other Bank, Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company and its Subsidiaries and decision to enter into this Agreement and Amendment. Each Lender also acknowledges that it will, independently and without reliance upon either the Agent, Agent or any other Lender or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own analysis and decisions in taking or not taking action under or based upon this Amendment, the Amended Credit Agreement. The Agent shall not be required to keep informed as to the performance , any other Loan Document or observance by the Company of this Agreement related agreement or any other document referred to furnished hereunder or provided for herein or to inspect the properties or books of the Company or its Subsidiariesthereunder. Except for notices, reports and other documents and information expressly required to be furnished to the Banks Lenders by the Administrative Agent hereunderherein, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the affairsbusiness, prospects, operations, property, financial and other condition or business creditworthiness of any of the Company, its Subsidiaries (Loan Parties or any of its related companies) their respective Affiliates which may come into the Agent's possessionpossession of the Administrative Agent or its Related Parties.

Non-Reliance on Agent. Each Bank agrees that it has, independently and without reliance on the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Company and its Subsidiaries Borrowers and decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement. The Agent shall not be required to keep informed as to the performance or observance by the Company Borrowers of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Company or its SubsidiariesBorrowers. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Agent hereunder, the Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Company, its Subsidiaries Borrowers (or any of its their related companies) which may come into the Agent's possession.