Account Agent. (a) Each Purchaser hereby (a) appoints Liberty Harbor Special Investments, LLC, as the Account Agent under the Control Agreement, and (b) authorizes the Account Agent (and its officers, directors, employees and agents) to take such action on such Purchaser's behalf in accordance with the terms hereof and thereof. The Account Agent shall not have, by reason hereof or the Control Agreement, a fiduciary relationship in respect of any Purchaser. Neither the Account Agent nor any of its officers, directors, employees and agents shall have any liability to any Purchaser for any action taken or omitted to be taken in connection hereof or the Control Agreement except to the extent caused by its own gross negligence or willful misconduct, and each Purchaser agrees to defend, protect, indemnify and hold harmless the Account Agent and all of its officers, directors, employees and agents (collectively, the "Account Agent Indemnitees") from and against any losses, damages, liabilities, obligations, penalties, actions, judgments, suits, fees, costs and expenses (including, without limitation, reasonable attorneys' fees, costs and expenses) incurred by such Account Agent Indemnitee, whether direct, indirect or consequential, arising from or in connection with the performance by such Account Agent Indemnitee of the duties and obligations of Account Agent pursuant hereto or the Control Agreement.
