ANY OF THE LENDER'S
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, OR AGENTS FOR PUNITIVE
DAMAGES IN RESPECT OF ANY CLAIM IN CONNECTION WITH, ARISING OUT OF, OR IN ANY
WAY RELATED TO, THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS, OR ANY OF THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS.
15.
NO DUTY.
ALL ATTORNEYS, ACCOUNTANTS,
APPRAISERS, AND OTHER PROFESSIONAL PERSONS AND CONSULTANTS RETAINED BY LENDER
SHALL HAVE THE RIGHT TO ACT EXCLUSIVELY IN THE INTEREST OF LENDER AND SHALL HAVE
NO DUTY OF DISCLOSURE, DUTY OF LOYALTY, DUTY OF CARE, OR OTHER DUTY OR
OBLIGATION OF ANY TYPE OR NATURE WHATSOEVER TO DEBTOR OR ANY OF DEBTOR'S EQUITY
HOLDERS OR ANY OTHER PERSON.
16.
LENDER NOT FIDUCIARY.
THE RELATIONSHIP
BETWEEN DEBTOR AND LENDER IS SOLELY THAT OF DEBTOR AND CREDITOR, AND LENDER HAS
NO FIDUCIARY OR OTHER SPECIAL RELATIONSHIP WITH DEBTOR, AND NO TERM OR CONDITION
OF ANY OF THE LOAN DOCUMENTS SHALL BE CONSTRUED SO AS TO DEEM THE RELATIONSHIP
BETWEEN DEBTOR AND LENDER TO BE OTHER THAN THAT OF DEBTOR AND CREDITOR.
17.
WAIVER AND AGREEMENT.
NEITHER THE FAILURE
NOR ANY DELAY ON THE PART OF LENDER TO EXERCISE ANY RIGHT, POWER OR PRIVILEGE
HEREIN OR UNDER ANY OF THE OTHER LOAN DOCUMENTS SHALL OPERATE AS A WAIVER
THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF SUCH RIGHT, POWER OR
PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY
OTHER RIGHT, POWER OR PRIVILEGE.
NO WAIVER OF ANY PROVISION IN THIS AGREEMENT
OR IN ANY OF THE OTHER LOAN DOCUMENTS AND NO DEPARTURE BY DEBTOR THEREFROM SHALL
BE EFFECTIVE UNLESS THE SAME SHALL BE IN WRITING AND SIGNED BY LENDER, AND THEN
SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH
GIVEN AND TO THE EXTENT SPECIFIED IN SUCH WRITING.
NO MODIFICATION OR AMENDMENT
TO THIS AGREEMENT OR TO ANY OF THE OTHER LOAN DOCUMENTS SHALL BE VALID OR
EFFECTIVE UNLESS THE SAME IS SIGNED BY THE PARTY AGAINST WHOM IT IS SOUGHT TO BE
ENFORCED.
18.
BENEFITS.
THIS AGREEMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF LENDER AND DEBTOR, AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, PROVIDED, HOWEVER, THAT DEBTOR MAY NOT, WITHOUT THE
PRIOR WRITTEN CONSENT OF LENDER, ASSIGN ANY RIGHTS, POWERS, DUTIES OR
OBLIGATIONS UNDER THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS.
19.
NOTICES.
ALL NOTICES, REQUESTS, DEMANDS OR
OTHER COMMUNICATIONS REQUIRED OR PERMITTED TO BE GIVEN PURSUANT TO THIS
AGREEMENT SHALL BE IN WRITING AND GIVEN BY (A) PERSONAL DELIVERY, (B) EXPEDITED
DELIVERY SERVICE WITH PROOF OF DELIVERY, OR (C) UNITED STATES MAIL, POSTAGE
PREPAID, REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SENT TO THE
INTENDED ADDRESSEE AT THE ADDRESS SET FORTH ON THE SIGNATURE PAGE HEREOF AND
SHALL BE DEEMED TO HAVE BEEN RECEIVED EITHER, IN THE CASE OF PERSONAL DELIVERY,
AS OF THE TIME OF PERSONAL DELIVERY, IN THE CASE OF EXPEDITED DELIVERY SERVICE,
AS OF THE TIME OF THE EXPEDITED