Common use of Borrower Remains Liable Clause in Contracts

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerInvestment Manager’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer Investment Manager from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer Investment Manager under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerCollateral Manager’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer Collateral Manager from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer Collateral Manager under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerCollateral Manager’s duties under the Transaction Documentsthis Agreement, the Borrower shall remain liable under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements and other agreements included in the Borrower Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Facility Agent of any of its rights under this Agreement shall not release the Borrower Borrower, TPVG or the Servicer Collateral Manager from any of their respective duties or obligations under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral, (c) the Secured Parties and the Collateral Facility Agent shall not have any obligation or liability under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral by reason of this Agreement, and (d) neither the Collateral Facility Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower Borrower, TPVG or the Servicer Collateral Manager under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerCollateral Manager’s duties under the Transaction Documentsthis Agreement, the Borrower shall remain liable under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements and other agreements included in the Borrower Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Administrative Agent of any of its rights under this Agreement shall not release the Borrower Borrower, TPVG or the Servicer Collateral Manager from any of their respective duties or obligations under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral, (c) the Secured Parties and the Collateral Administrative Agent shall not have any obligation or liability under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral by reason of this Agreement, and (d) neither the Collateral Administrative Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower Borrower, TPVG or the Servicer Collateral Manager under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreementto the contrary contained herein, (ai) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of its Borrower’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (bii) the exercise by a Secured Party or the Collateral Agent Lender of any of its his rights under this Agreement hereunder shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral, Collateral and (ciii) the Secured Parties and the Collateral Agent Lender shall not have any obligation or liability under any of the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral thereunder or to take any action to collect or enforce any claim for payment assigned under hereunder. Borrower agrees and acknowledges that Lender shall not be nor be deemed to be a fiduciary of Borrower in any manner whatsoever and does not and shall not owe any duties, including any fiduciary duties, of any nature or kind to Borrower at any time in connection with the Pledged Stocks, the Collateral, the Debt, the Loan Documents, or this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerCollateral Manager’s duties under the Transaction Documentsthis Agreement, the Borrower shall remain liable under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements and other agreements included in the Borrower Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Facility Agent of any of its rights under this Agreement shall not release the Borrower Borrower, TPVC or the Servicer Collateral Manager from any of their respective duties or obligations under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral, (c) the Secured Parties and the Collateral Facility Agent shall not have any obligation or liability under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral by reason of this Agreement, and (d) neither the Collateral Facility Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower Borrower, TPVC or the Servicer Collateral Manager under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the ServicerServices Provider’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer Services Provider from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer Services Provider under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. (a) Notwithstanding anything in this AgreementAgreement to the contrary, (a) except to the extent each of the Servicer’s duties under Borrower and the Transaction Documents, the Borrower Servicer shall remain liable under the Collateral ObligationsReceivables, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a the Agent as agent of the Lenders or by the Agent as agent of the Secured Party or the Collateral Agent Parties of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral ObligationsReceivables, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Agent as agent of the Lenders and the Agent as agent of the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral ObligationsReceivables, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties Lenders shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral ObligationsReceivables, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral ObligationsLoans and any agreements included in the Loans, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bc) the exercise by a Secured Party or the Collateral Agent Lender of any of its rights under this Agreement shall not release BWF, the Borrower or the Servicer Subservicer from any of their respective duties or obligations under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral, (cd) the Secured Parties Lender and the Collateral Agent Custodian shall not have any obligation or liability under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (de) neither the Collateral Agent Lender nor any of the Secured Parties Custodian shall be obligated to perform any of the obligations or duties of BWF, the Borrower or the Servicer Subservicer under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (ai) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bii) the exercise by a Secured Party or the Collateral Agent Lender of any of its rights under this Agreement shall not release the Borrower or the Servicer any other party thereto from any of their respective duties or obligations under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral, (ciii) the Secured Parties and the Collateral Agent Lender shall not have any obligation or liability under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (div) neither the Collateral Agent nor any of the Secured Parties Lender shall not be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements and other agreements included in the Borrower Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Administrative Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral, (c) the Secured Parties and the Collateral Administrative Agent shall not have any obligation or liability under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral by reason of this Agreement, and (d) neither the Collateral Administrative Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer Loan Seller under the Collateral ObligationsTransferred Contracts, Borrower Assigned Agreements or other agreements included in the Borrower Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s ACFS's duties under the Transaction DocumentsCredit Agreement and this Agreement, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements RCCA Agreement and other agreements included in the Collateral Series Transaction Documents (the "BORROWER AGREEMENTS") to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Lender Collateral Agent of any of its rights under this Agreement or the Credit Agreement shall not release the Borrower or the Servicer ACFS from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Borrower Collateral, (c) the Agent, the Secured Parties and the Lender Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Borrower Collateral by reason of this Agreement or the Credit Agreement, and (d) neither the Agent, the Lender Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer ACFS under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Borrower Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties expressly provided under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in ----------------------- this Agreement, (a) except to the extent each of the Servicer’s duties under Borrower and the Transaction Documents, the Borrower Parent shall remain liable under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party the Deal Agent as agent of the Lenders or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties Deal Agent as agent of the Lenders and the Collateral Agent shall not have any obligation or liability under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the other Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral ObligationsTransferred Receivables, Contracts, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, Anything herein to the contrary notwithstanding: (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by a Secured Party or the Collateral Agent of any of its the rights under this Agreement or the other Loan Documents shall not release the Borrower or the Servicer from any of their respective its duties or obligations to the parties under the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) the Secured Parties and the Collateral neither Agent nor any Lender shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Collateral nor shall Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for Borrower’s acts or omissions.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral ObligationsLoans and any agreements included in the Loans, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent Lender of any of its rights under this Agreement shall not release the Borrower or the Servicer Subservicer from any of their respective duties or obligations under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties Lender and the Collateral Agent Custodian shall not have any obligation or liability under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent Lender nor any of the Secured Parties Custodian shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer Subservicer under the Collateral ObligationsLoans or any agreements included in the Loans, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral Obligations, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything to the contrary in this Agreement, (a) except to the extent each of the Servicer’s duties under Borrower and the Transaction Documents, the Borrower Transferring Affiliates shall remain liable under the Collateral ObligationsPledged Receivables, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) except to the extent otherwise expressly provided in this Agreement, the exercise by a Secured Party the Deal Agent as agent of the Lender and each Hedge Counterparty or the Collateral Agent as agent of the Lender and the Hedge Counterparties of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral ObligationsPledged Receivables, Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties Deal Agent as agent of the Lender and each Hedge Counterparty and the Collateral Agent shall not have any obligation or liability under the Collateral ObligationsPledged Receivables, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor the Lender nor any of the Secured Parties Hedge Counterparty shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral ObligationsPledged Receivables, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, (a) except to the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall remain liable under the Collateral ObligationsTransferred Receivables, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Agent, a Secured Party or the Collateral Agent Custodian of any of its rights under this Agreement shall not release the Borrower or the Servicer from any of their respective duties or obligations under the Collateral ObligationsTransferred Receivables, Borrower Assigned Agreements or other agreements included in the 63 71 Collateral, (c) the Agent, the Secured Parties and the Collateral Agent Custodian shall not have any obligation or liability under the Collateral ObligationsTransferred Receivables, Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent Agent, the Custodian nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral ObligationsTransferred Receivables, Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrower Remains Liable. Notwithstanding anything in this Agreement, Anything herein to the contrary notwithstanding: (a) except to Borrower and the extent of the Servicer’s duties under the Transaction Documents, the Borrower shall other applicable Loan Parties will remain liable under the Collateral Obligations, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by a Secured Party or the Collateral Agent of any of its the rights under this Agreement shall or the other Loan Documents will not release the Borrower or the Servicer other Loan Parties from any of their respective its duties or obligations to the parties under the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) the Secured Parties and the Collateral neither Agent shall not nor any Lender will have any obligation or liability under the Collateral Obligations, Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Collateral nor will Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the Borrower or the Servicer under the Collateral Obligations, Borrower Assigned Agreements or other agreements included in the Collateral Loan Parties thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender will have any liability in contract or tort for Borrower’s or the other Loan Parties’ acts or omissions.