Common use of EXCULPATION PROVISIONS Clause in Contracts

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms and conditions of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Security Instruments and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsSecurity Instruments; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions, and conditions effects of this Agreement; that it has independently made its own analysis of the financial condition of the Borrower and the Guarantors and their assets including, without limitation, their Collateral; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan DocumentsSecurity Instruments; and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsSecurity Instruments; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Security Instruments result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Security Instruments on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Mortgage; and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsMortgage; that it has in fact read this Agreement Mortgage and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementMortgage; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan DocumentsMortgage; and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsMortgage; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Mortgage result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Mortgage on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction transactions contemplated hereunder and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction Transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction Closing Transactions and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney legal counsel in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party parties of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto ----------------------- specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney legal counsel in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party parties of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Loan Agreement and the other Loan Documents Security Instruments and agrees that it is charged with notice and knowledge of the terms of this Loan Agreement and the other Loan DocumentsSecurity Instruments; that it has in fact read this Loan Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Loan Agreement; that it has been afforded the option to be represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Loan Agreement and the other Loan DocumentsSecurity Instruments; and has received the advice of its attorney in entering into this Loan Agreement and the other Loan DocumentsSecurity Instruments; and that it recognizes that certain of the terms of this Loan Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Security Instruments result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Loan Agreement and the other loan documents Security Instruments on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Deed of Trust; and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsDeed of Trust; that it has in fact read this Agreement Deed of Trust and is fully informed and has bas full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementDeed of Trust; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan DocumentsDeed of Trust; and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsDeed of Trust; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Deed of Trust result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Deed of Trust on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Deed of Trust; and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsDeed of Trust; that it has in fact read this Agreement Deed of Trust and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementDeed of Trust; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan DocumentsDeed of Trust; and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsDeed of Trust; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Deed of Trust result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Deed of Trust on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous”.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement Indenture and the other Loan Project Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement Indenture and the other Loan Project Documents; that it has in fact read this Agreement Indenture and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementIndenture; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement Indenture and the other Loan Project Documents; and has received the advice of its attorney in entering into this Agreement Indenture and the other Loan Project Documents; and that it recognizes that certain of the terms of this Agreement Indenture and the other Loan Project Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement Indenture and the other loan documents Project Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Second Mortgage; and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsSecond Mortgage; that it has in fact read this Agreement Second Mortgage and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementSecond Mortgage; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan DocumentsSecond Mortgage; and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsSecond Mortgage; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Second Mortgage result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Second Mortgage on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or FIRST LIEN CREDIT AGREEMENT-PAGE 91 enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents Mortgage; and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan DocumentsMortgage; that it has in fact read this Agreement Mortgage and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this AgreementMortgage; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; Mortgage and has received the advice of its attorney in entering into this Agreement and the other Loan DocumentsMortgage; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, Mortgage result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Mortgage on the basis that the party had no notice or knowledge of such provision or that the provision is not “conspicuous.”

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Financing Documents and agrees that it is charged with notice and knowledge of the terms of this Agreement and the other Loan Financing Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Financing Documents; and has received the advice of its attorney attorneys in entering into this Agreement and the other Loan Financing Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Financing Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Financing Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”" 113

EXCULPATION PROVISIONS. Each of the parties hereto specifically agrees that it has a duty to read this Agreement and the other Loan Documents and agrees that it is charged SECOND LIEN CREDIT AGREEMENT-PAGE 72 with notice and knowledge of the terms of this Agreement and the other Loan Documents; that it has in fact read this Agreement and is fully informed and has full notice and knowledge of the terms terms, conditions and conditions effects of this Agreement; that it has been represented by independent legal counsel of its choice throughout the negotiations preceding its execution of this Agreement and the other Loan Documents; and has received the advice of its attorney in entering into this Agreement and the other Loan Documents; and that it recognizes that certain of the terms of this Agreement and the other Loan Documents may result, subject to the terms hereof and thereof and applicable law, result in one party assuming the liability inherent in some aspects of the transaction and relieving the other party of its responsibility for such liability. Each party hereto agrees and covenants that it will not contest the validity or enforceability of any exculpatory provision of this Agreement and the other loan documents Loan Documents on the basis that the party had no notice or knowledge of such provision or that the provision is not “"conspicuous.”"