Common use of Lenders’ Default Clause in Contracts

Lenders’ Default. In the event of any default of the Loan Documents by Lenders or any claim by Borrower related to the Loan Documents, the Borrower’s sole and exclusive remedy against Lenders shall be a cause of action sounding in contract with damages limited to actual and direct damages incurred. Lenders shall not in any event be liable to Borrower or Guarantor for ordinary negligence, delay in performance or any consequential, special, punitive, incidental or indirect damages, including without limitation, loss of profit or goodwill. Lenders shall in no event be liable to Borrower or Guarantor for any loss or damage directly or indirectly resulting from the furnishing of services or reports under this Agreement. With respect to any goods and services provided by Lenders, LENDER MAKES NO WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO BORROWER OR ANY GUARANTOR.