Common use of Non-Reliance on Agent Clause in Contracts

Non-Reliance on Agent. Each Lender and the Issuing Bank agree --------------------- that (a) it has, independently and without reliance on the Agent, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and its Subsidiaries and decision to enter into this Agreement and (b) that it shall, 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. Except as otherwise provided herein or under any other Loan Document, the Agent shall not have any duty to keep the Lenders or the Issuing Bank informed as to the performance or observance by the Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Borrower or any of its Subsidiaries. The Agent, in the absence of gross negligence or willful misconduct, shall not be liable to any Lender or the Issuing Bank for their failure to relay or furnish to the Lender any information.

Non-Reliance on Agent. Each Lender and the Issuing Bank L/C Issuer agree that --------------------- that (ai) it has, independently and without reliance on the Agent, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and its Subsidiaries Borrowers and decision to enter into this Agreement and (bii) that it shallwill, 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. Except as otherwise provided herein or under any other Loan Document, the Agent shall not have any duty to keep the Lenders or the Issuing Bank L/C Issuer informed as to the performance or observance by the Borrower Borrowers of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Borrower or any of its SubsidiariesBorrowers. The Agent, in the absence of gross negligence or willful misconduct, shall not be liable to any Lender or the Issuing Bank L/C Issuer for their failure to relay or furnish to the Lender any information.

Non-Reliance on Agent. Each Lender and the Issuing Bank L/C Issuer --------------------- agree --------------------- that (ai) it has, independently and without reliance on the Agent, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and its Subsidiaries and decision to enter into this Agreement and (bii) that it shallwill, 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. Except as otherwise provided herein or under any other Loan Document, the Agent shall not have any duty to keep the Lenders or the Issuing Bank L/C Issuer informed as to the performance or observance by the Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Borrower or any of its Subsidiaries. The Agent, in the absence of gross negligence or willful misconduct, shall not be liable to any Lender or the Issuing Bank L/C Issuer for their failure to relay or furnish to the Lender any information.

Non-Reliance on Agent. Each Lender and the Issuing Bank L/C Issuer agree that --------------------- that (ai) it has, independently and without reliance on the Agent, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and its Subsidiaries and decision to enter into this Agreement and (bii) that it shallwill, 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. Except as otherwise provided herein or under any other Loan Document, the Agent shall not have any no duty to keep the Lenders or the Issuing Bank L/C Issuer informed as to the performance or observance by the Borrower of this Agreement or any other document referred to or provided for herein or to inspect the properties or books of the Borrower or any of its Subsidiaries. The Agent, in the absence of gross negligence or willful misconduct, shall not be liable to any Lender or the Issuing Bank L/C Issuer for their its failure to relay or furnish to the Lender any information.