Common use of Non-Reliance on Agent Clause in Contracts

Non-Reliance on Agent. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lenders. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of an investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager and the Sponsor and the Collateral and made its own decision to make its Commitment hereunder and enter into this Agreement. Each Lender also represents that it will, 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, appraisals and decisions in taking or not taking action under any of the Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager and the Sponsor and the Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. and Other Series 1999-1 --------------------------------------------- Certificateholders. Each Lender Series 1999-1 Certificateholder expressly ------------------ acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of any Borrowerthe Transferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom or the Sponsor Servicer, shall be deemed to constitute any representation or warranty by the Agent to the Lendersany Series 1999-1 Certificateholder. Each Lender Series 1999-1 Certificateholder represents to the Agent that it has, independently and without reliance upon the AgentAgent or any other Series 1999-1 Certificateholder, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowersTransferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom and the Sponsor and the Collateral Servicer and made its own decision to make its Commitment hereunder and enter into this AgreementSupplement. Each Lender Series 1999-1 Certificateholder also represents that it will, independently and without reliance upon the AgentAgent or any other Series 1999-1 Certificateholder, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under any of this Supplement and the Loan other Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the BorrowersTransferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom and the Sponsor and the CollateralServicer. Except for notices, reports and other documents received expressly required to be furnished to the Series 1999-1 Certificateholders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender Series 1999-1 Certificateholder with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrowerthe Transferor, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor CompuCom or the Collateral Servicer which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-in- fact or affiliatesAffiliates.

Non-Reliance on Agent. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager or the any Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lenders. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of an investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager and the any Sponsor and the Collateral and made its own decision to make its Commitment hereunder and enter into this Agreement. Each Lender also represents that it will, 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, appraisals and decisions in taking or not taking action under any of the Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager and the any Sponsor and the Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property ManageManager, the Back-Up Manager, the Sponsor or the Collateral which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has affiliates have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of the Company or any Borrowerof its Subsidiaries, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lendersany Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the AgentAgent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Company and the Sponsor and the Collateral its Subsidiaries and made its own decision to make its Commitment the Interim Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the AgentAgent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under any of the Loan Documentsthis Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Company and the Sponsor and the Collateralits Subsidiaries. Except for notices, reports and other documents received by the Agent hereunder, the The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of the Company or any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral of its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. Each Lender The Buyers each expressly acknowledges acknowledge that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates other Buyer has made any representations or warranties to it the Buyers and that no act by the Agent or any Buyer hereafter taken, including any review of the affairs of any Borrowerthe Company, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent or any Buyer to the Lendersother Buyers. Each Lender Buyer represents to Agent and the Agent other Buyers that it has, independently and without reliance upon Agent or any of the Agent, other Buyers and based on such documents and information as it each Buyer has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness credit worthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager and the Sponsor and the Collateral Company and made its own decision to make its Commitment hereunder and enter into this AgreementAgreement and purchase its respective Note and Warrant. Each Lender Buyer also represents covenants that it will, independently and without reliance upon Agent or any of the Agent, other Buyers and based on such the documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under this Agreement (including whether to convert all or any portion of the Loan Documentsits respective Note or exercise all or any portion of its respective Warrant), and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, Company. Neither Agent nor any Guarantor, the Master Property Manager and the Sponsor and the Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent Buyer shall have no any duty or responsibility to provide any Lender the Buyers with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral which Company that may come into the possession of the Agent or any Buyer. Each Buyer further expressly acknowledges that neither Agent nor any other Buyer has made any representations or warranties to the Buyers as to the validity, effectiveness, genuineness, enforceability, priority or sufficiency of the Transaction Documents or the sufficiency, value, or condition of the Collateral (as defined in the Security Agreements). Each Buyer represents to Agent and the other Buyers that it has, independently and without reliance upon Agent, Agent’s attorneys, any other Buyer, or any other Buyer’s attorneys, made its officersown review and determination of the validity, directorseffectiveness, employeesgenuineness, agentsenforceability, attorneys-in-fact or affiliatespriority, and sufficiency of the Transaction Documents and the sufficiency, value and condition of the Collateral.

Non-Reliance on Agent. Each Lender The Lenders expressly acknowledges acknowledge that neither the Agent any Note Agent, nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the a Note Agent hereafter taken, including including, without limitation, any review of the affairs of any the Borrower, the Borrower RepresentativeBorrower, any the Seller, CAR, the Guarantor, CCRT, the Master Property Manager Servicer, the Custodian or the Sponsor Backup Servicer, shall be deemed to constitute any representation or warranty by the such Note Agent to the Lendersany Lender. Each Lender represents to the each Note Agent that it has, independently and without reliance upon the Agentany Note Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, the Borrower RepresentativeSeller, any CAR, the Guarantor, CCRT, the Master Property Manager Servicer, the Custodian, the Backup Servicer and the Sponsor and the Borrower Collateral and made its own decision to make purchase its Commitment interest in the Notes hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agentany Note Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Loan Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, the Borrower RepresentativeSeller, any CAR, the Guarantor, CCRT, the Master Property Manager Servicer, the Custodian, the Backup Servicer and the Sponsor and the Borrower Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.as expressly provided

Non-Reliance on Agent. and Other Series 1999-1 --------------------------------------------- Certificateholders. Each Lender Series 1999-1 Certificateholder expressly acknowledges ------------------ that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of any Borrowerthe Transferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom or the Sponsor Servicer, shall be deemed to constitute any representation or warranty by the Agent to the Lendersany Series 1999-1 Certificateholder. Each Lender Series 1999-1 Certificateholder represents to the Agent that it has, independently and without reliance upon the AgentAgent or any other Series 1999-1 Certificateholder, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowersTransferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom and the Sponsor and the Collateral Servicer and made its own decision to make its Commitment hereunder and enter into this AgreementSupplement. Each Lender Series 1999-1 Certificateholder also represents that it will, independently and without reliance upon the AgentAgent or any other Series 1999-1 Certificateholder, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under any of this Supplement and the Loan other Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the BorrowersTransferor, the Borrower Representative, any Guarantor, the Master Property Manager CompuCom and the Sponsor and the CollateralServicer. Except for notices, reports and other documents received expressly required to be furnished to the Series 1999-1 Certificateholders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender Series 1999-1 Certificateholder with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrowerthe Transferor, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor CompuCom or the Collateral Servicer which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliatesAffiliates.

Non-Reliance on Agent. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has affiliates have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of the Company or any Borrowerof its Subsidiaries, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lendersany Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the AgentAgent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Company and the Sponsor and the Collateral its Subsidiaries and made its own decision to make its Commitment the Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the AgentAgent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under any of the Loan Documentsthis Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Company and the Sponsor and the Collateralits Subsidiaries. Except for notices, reports and other documents received by the Agent hereunder, the The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of the Company or any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral of its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. Each Lender The Lenders expressly acknowledges acknowledge that neither the Agent any Note Agent, nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the a Note Agent hereafter taken, including including, without limitation, any review of the affairs of any the Borrower, the Borrower RepresentativeBorrower, any the Sellers, UACC, the Guarantor, UPFC, the Master Property Manager Servicer or the Sponsor Backup Servicer, shall be deemed to constitute any representation or warranty by the such Note Agent to the Lendersany Lender. Each Lender represents to the each Note Agent that it has, independently and without reliance upon the Agentany Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, the Borrower RepresentativeBorrower, any each Seller, UACC, the Guarantor, UPFC, the Master Property Manager Servicer, the Backup Servicer, and the Sponsor and the Collateral Contracts and made its own decision to make purchase its Commitment interest in the Notes hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agentany Note Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Loan Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, each Seller, UACC, the Borrower Representative, any Guarantor, UPFC, the Master Property Manager Servicer, the Backup Servicer, and the Sponsor and the CollateralContracts. Except for noticesas expressly provided herein, reports and other documents received by the Agent hereunder, the no Note Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the Borrower Collateral or the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any the Borrower, each Seller, UACC, the Guarantor, UPFC, the Borrower, the Borrower Representative, any GuarantorServicer, the Master Property Manage, the Sponsor Lenders or the Collateral Backup Servicer which may come into the possession of the such Note Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates. - 86 [**CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN PORTIONS OF THIS DOCUMENT] In no event shall the Administrative/Collateral Agent or the Custodian be liable for any indirect, special, punitive or consequential loss or damage of any kind whatsoever, including, but not limited to, lost profits, even if the Administrative/Collateral Agent or the Custodian has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the Administrative/Collateral Agent be liable for any failure or delay in the performance of its obligations hereunder because of circumstances beyond its control, including, but not limited to, acts of God, flood, war (whether declared or undeclared), terrorism, fire, riot, embargo, government action, including any laws, ordinances, regulations, governmental action or the like which delay, restrict or prohibit the providing of the services contemplated by this Agreement.

Non-Reliance on Agent. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lenders. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of an investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager and the Sponsor and the Collateral and made its own decision to make its Commitment hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent, and based on such documents and information 115 53570.000371 EMF_US 44362017v35 as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager and the Sponsor and the Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manage, the Sponsor or the Collateral which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. . Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any Borrower, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager or the any Sponsor shall be deemed to constitute any representation or warranty by the Agent to the Lenders. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of an investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager and the any Sponsor and the Collateral and made its own decision to make its Commitment hereunder and enter into this Agreement. Each Lender also represents that it will, 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, appraisals and decisions in taking or not taking action under any of the Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager, the Back-Up Manager and the any Sponsor and the Collateral. Except for notices, reports and other documents received by the Agent hereunder, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, any Guarantor, the Master Property ManageManager, the Back-Up Manager, the Sponsor or the Collateral which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on Agent. Each Lender The Lenders expressly acknowledges acknowledge that neither the Agent any Note Agent, nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the a Note Agent hereafter taken, including including, without limitation, any review of the affairs of any the Borrower, the Borrower RepresentativeBorrower, any the Seller, UACC, the Guarantor, UPFC, the Master Property Manager Servicer or the Sponsor Backup Servicer, shall be deemed to constitute any representation or warranty by the such Note Agent to the Lendersany Lender. Each Lender represents to the each Note Agent that it has, independently and without reliance upon the Agentany Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of an and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, the Borrower RepresentativeBorrower, any the Seller, UACC, the Guarantor, UPFC, the Master Property Manager Servicer, the Backup Servicer, and the Sponsor and the Collateral Contracts and made its own decision to make purchase its Commitment interest in the Notes hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agentany Note Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Loan Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the BorrowersBorrower, the Borrower RepresentativeSeller, any UACC, the Guarantor, UPFC, the Master Property Manager Servicer, the Backup Servicer, and the Sponsor and the CollateralContracts. Except for noticesas expressly provided herein, reports and other documents received by the Agent hereunder, the no Note Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the Borrower Collateral or the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any the Borrower, the Borrower RepresentativeSeller, any UACC, the Guarantor, the Master Property ManageUPFC, the Sponsor Borrower, the Servicer, the Lenders or the Collateral Backup Servicer which may come into the possession of the such Note Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates. In no event shall the Administrative/Collateral Agent or the Custodian be liable for any indirect, special, punitive or consequential loss or damage of any kind whatsoever, including, but not limited to, lost profits, even if the Administrative/Collateral Agent or the Custodian has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the Administrative/Collateral Agent be liable for any failure or delay in the performance of its obligations hereunder because of circumstances beyond its control, including, but not limited to, acts of God, flood, war (whether declared or undeclared), terrorism, fire, riot, embargo, government action, including any laws, ordinances, regulations, governmental action or the like which delay, restrict or prohibit the providing of the services contemplated by this Agreement.

Non-Reliance on Agent. Each Lender Xxxxxx expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, advisors, attorneys-in-fact or Affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Borrower Party or any BorrowerAffiliate of a Borrower Party, the Borrower Representative, any Guarantor, the Master Property Manager or the Sponsor shall be deemed to constitute any representation or warranty by the Agent to the LendersLender. Each Lender Xxxxxx represents to the Agent that it has, independently and without reliance upon the Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of an of, and investigation into into, the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Parties and the Sponsor and the Collateral their Affiliates and made its own decision to make its Commitment the Loan hereunder and enter into this Agreement. Each Lender also represents that it will, 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 credit analysis, appraisals and decisions in taking or not taking action under any of this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Borrowers, the Borrower Representative, any Guarantor, the Master Property Manager Parties and the Sponsor and the Collateraltheir Affiliates. Except for notices, reports and other documents received expressly required to be furnished to Lender by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Borrower, the Borrower Representative, Party or any Guarantor, the Master Property Manage, the Sponsor or the Collateral which Affiliate of a Borrower Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates.Affiliates. Section 18.6