Notices; Platform, Etc Clause Samples

Notices; Platform, Etc. (a) All notices and other communications hereunder shall, unless otherwise stated herein, be in writing (which shall include facsimile communication) and faxed or delivered, to each party hereto, at its address set forth under its name on Schedule III hereto or at such other address as shall be designated by such party in a written notice to the other parties hereto. Notices and communications by facsimile shall be effective when (i) Each of the Borrower and the Servicer agrees that the Administrative Agent may, but shall not be obligated to, make the Communications available to the Credit Parties by posting the Communications on the Platform. (ii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Affiliates (collectively, the “Agent Parties”) have any liability to the Borrower or any of its Affiliates, any Credit Party or any other Person for (i) direct or indirect special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise), or (ii) damages of any other kind (except to the extent resulting from the gross negligence or willful misconduct of any Agent Party), in each case arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform.