Common use of Exculpation of Lender Clause in Contracts

Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 2 contracts

Samples: First Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Second Mezzanine Loan Agreement (Strategic Hotel Capital Inc)

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Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Properties, the Senior Mezzanine Loan Collateral or any other collateralthe Collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, including engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Gramercy Capital Corp)

Exculpation of Lender. Neither Lender neither nor Administrative Agent undertakes nor or assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Properties or any other collateralCollateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, including engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, 127 review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender or Administrative Agent liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 1 contract

Samples: Management Agreement (American Casino & Entertainment Properties LLC)

Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest Property or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotel Capital Inc)

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Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower the Obligors or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower the Obligors or any third party of (a) the existence, quality, adequacy or suitability of appraisals Appraisals of any Ownership Interest the Properties or any other collateralCollateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower the Obligors or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 1 contract

Samples: Loan Agreement (Trizec Properties Inc)

Exculpation of Lender. Lender neither undertakes nor assumes any responsibility or duty to any Borrower or any other party to select, review, inspect, examine, supervise, pass judgment upon or inform any Borrower or any third party of (a) the existence, quality, adequacy or suitability of appraisals of any Ownership Interest Property or any other collateral, (b) any environmental report, or (c) any other matters or items, including, but not limited to, engineering, soils and seismic reports which are contemplated in the Loan Documents. Any such selection, review, inspection, examination and the like, and any other due diligence conducted by Lender, is solely for the purpose of protecting Lender’s 's rights under the Loan Documents, and shall not render Lender liable to any Borrower or any third party for the existence, sufficiency, accuracy, completeness or legality thereof.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotel Capital Inc)

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