THE
PURPOSE GIVEN AND EXECUTED BY LENDER PARTY.
13.5
ENFORCEMENT AND WAIVER BY LENDER PARTY.
LENDER PARTY SHALL HAVE
THE RIGHT AT ALL TIMES TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, THE NOTES,
AND EACH OF OTHER LOAN DOCUMENTS IN STRICT ACCORDANCE WITH THE TERMS HEREOF AND
THEREOF, NOTWITHSTANDING ANY CONDUCT OR CUSTOM ON THE PART OF LENDER PARTY IN
REFRAINING FROM SO DOING AT ANY TIME OR TIMES.
THE FAILURE OF LENDER PARTY AT
ANY TIME OR TIMES TO ENFORCE ITS RIGHTS UNDER SUCH PROVISIONS, STRICTLY IN
ACCORDANCE WITH THE SAME, SHALL NOT BE CONSTRUED AS HAVING CREATED A CUSTOM IN
ANY WAY OR MANNER CONTRARY TO SPECIFIC PROVISIONS OF THIS AGREEMENT OR AS HAVING
IN ANY WAY OR MANNER MODIFIED OR WAIVED THE SAME.
ALL RIGHTS AND REMEDIES OF
LENDER PARTY ARE CUMULATIVE AND THE EXERCISE OF ONE RIGHT OR REMEDY SHALL NOT BE
DEEMED A WAIVER OR RELEASE OF ANY OTHER RIGHT OR REMEDY.
13.6
NO REPRESENTATION, ASSUMPTION, OR DUTY.
NOTHING, INCLUDING ANY
ADVANCE OR ACCEPTANCE OF ANY DOCUMENT OR INSTRUMENT, SHALL BE CONSTRUED AS A
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO ANY PERSON BY ANY LENDER
PARTY.
ANY INSPECTION OR AUDIT OF THE COLLATERAL OR THE RECORDS OF BORROWER, OR
THE PROCURING OF DOCUMENTS AND FINANCIAL AND OTHER INFORMATION, BY OR ON BEHALF
OF ANY LENDER PARTY SHALL BE FOR LENDER PARTIES' PROTECTION ONLY, AND SHALL NOT
CONSTITUTE ANY ASSUMPTION OF RESPONSIBILITY BY ANY LENDER PARTY WITH RESPECT
THERETO OR RELIEVE BORROWER OF ANY OF BORROWER'S OBLIGATIONS.
13.7
EXPENSES OF LENDER PARTIES.
BORROWER WILL, ON DEMAND, REIMBURSE
LENDER PARTIES FOR ALL EXPENSES INCURRED BY LENDER PARTIES IN CONNECTION WITH
THE CLOSING OF THE LOANS AND THE PREPARATION, NEGOTIATION, AMENDMENT,
MODIFICATION, INTERPRETATION, ADMINISTRATION OR ENFORCEMENT OF THIS AGREEMENT
AND THE OTHER LOAN DOCUMENTS AND/OR IN THE COLLECTION OF ANY AMOUNTS OWING FROM
ANY BORROWER PARTY OR ANY OTHER PERSON TO LENDER PARTIES UNDER THIS AGREEMENT OR
ANY OTHER LOAN DOCUMENT AND, UNTIL SO PAID, THE AMOUNT OF SUCH EXPENSES SHALL BE
ADDED TO AND BECOME PART OF THE AMOUNT OF THE CREDIT AGREEMENT OBLIGATIONS.
13.8
ATTORNEYS' FEES.
IF AT ANY TIME OR TIMES HEREAFTER LENDER PARTY,
EMPLOYS COUNSEL TO ADVISE OR PROVIDE OTHER REPRESENTATION WITH RESPECT TO THIS
AGREEMENT, ANY LOAN DOCUMENT, OR ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT
HERETOFORE, NOW OR HEREAFTER EXECUTED BY ANY
90
BORROWER PARTY AND DELIVERED TO LENDER PARTY WITH RESPECT TO THE CREDIT
AGREEMENT OBLIGATIONS, OR TO COMMENCE, DEFEND OR INTERVENE, FILE A PETITION,
COMPLAINT, ANSWER, MOTION OR OTHER PLEADINGS OR TO TAKE ANY OTHER ACTION IN OR
WITH RESPECT TO ANY PENDING, THREATENED OR ANTICIPATED SUIT OR PROCEEDING
RELATING TO THIS AGREEMENT, ANY LOAN DOCUMENT, OR ANY OTHER AGREEMENT,
INSTRUMENT OR DOCUMENT HERETOFORE, NOW OR HEREAFTER EXECUTED BY BORROWER PARTY
AND DELIVERED TO LENDER PARTY WITH RESPECT TO THE CREDIT AGREEMENT OBLIGATIONS,
OR TO REPRESENT LENDER PARTY IN ANY LITIGATION WITH RESPECT TO THE AFFAIRS OF
BORROWER PARTY, OR TO ENFORCE ANY RIGHTS OF LENDER PARTY OR OBLIGATIONS