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 ANY OBLIGOR OR ANY OF ANY OBLIGOR'S EQUITY
HOLDERS OR ANY OTHER PERSON.
16.
LENDER NOT FIDUCIARY.
THE RELATIONSHIP BETWEEN OBLIGORS AND
LENDER IS SOLELY THAT OF DEBTOR AND CREDITOR, AND LENDER HAS NO FIDUCIARY OR
OTHER SPECIAL RELATIONSHIP WITH ANY OBLIGOR, AND NO TERM OR CONDITION OF ANY OF
THE LOAN DOCUMENTS SHALL BE CONSTRUED SO AS TO DEEM THE RELATIONSHIP BETWEEN ANY
OBLIGOR 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 ANY OBLIGOR 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 OBLIGORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
PROVIDED, HOWEVER, THAT NO OBLIGOR MAY, 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) FACSIMILE DELIVERY WITH PROOF OF DELIVERY,
(B) DELIVERY BY ELECTRONIC MAIL WITH PROOF OF DELIVERY; (C) EXPEDITED DELIVERY
SERVICE WITH PROOF OF DELIVERY, OR (D) 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 FACSIMILE DELIVERY, AS OF
THE TIME OF SUCH FACSIMILE DELIVERY, IN THE CASE OF DELIVERY BY ELECTRONIC MAIL,
AS OF THE TIME SUCH ELECTRONIC MAIL WAS SENT, IN THE CASE OF EXPEDITED DELIVERY
SERVICE, AS OF THE TIME OF THE EXPEDITED DELIVERY AND IN THE MANNER PROVIDED
HEREIN, OR IN THE CASE OF MAIL, UPON THE THIRD DAY AFTER DEPOSIT IN A DEPOSITORY
RECEPTACLE UNDER THE CARE AND CUSTODY OF THE UNITED STATES POSTAL SERVICE. ANY
PARTY SHALL HAVE THE