TO SUCH RECORDING.
(G)
SO LONG AS WESTLB IS THE ADMINISTRATIVE AGENT, THE BORROWER HEREBY
AGREES THAT IT WILL PROVIDE TO THE ADMINISTRATIVE AGENT ALL INFORMATION,
DOCUMENTS AND OTHER MATERIALS THAT IT IS OBLIGATED TO FURNISH TO THE
ADMINISTRATIVE AGENT PURSUANT TO THE FINANCING DOCUMENTS, INCLUDING ALL NOTICES,
REQUESTS, FINANCIAL STATEMENTS, FINANCIAL AND OTHER REPORTS, CERTIFICATES AND
OTHER INFORMATION MATERIALS, BUT EXCLUDING ANY SUCH COMMUNICATION THAT
(I) RELATES TO THE FUNDING, (II) RELATES TO THE PAYMENT OF ANY PRINCIPAL OR
OTHER AMOUNT DUE UNDER THIS AGREEMENT PRIOR TO THE SCHEDULED DATE THEREFOR,
(III) PROVIDES NOTICE OF ANY DEFAULT OR EVENT OF DEFAULT OR (IV) IS REQUIRED TO
BE DELIVERED TO SATISFY ANY CONDITION PRECEDENT TO FUNDING (ALL SUCH
NON-EXCLUDED COMMUNICATIONS BEING REFERRED TO HEREIN COLLECTIVELY AS
"COMMUNICATIONS"), BY TRANSMITTING THE COMMUNICATIONS IN AN ELECTRONIC/SOFT
MEDIUM IN A FORMAT ACCEPTABLE TO THE ADMINISTRATIVE AGENT TO
NYC_AGENCY_SERVICES@WESTLB.COM. IN ADDITION, THE BORROWER AGREES TO CONTINUE TO
PROVIDE THE COMMUNICATIONS TO THE ADMINISTRATIVE AGENT IN THE
118
MANNER SPECIFIED IN THE FINANCING DOCUMENTS BUT ONLY TO THE EXTENT REQUESTED BY
THE ADMINISTRATIVE AGENT.
(H)
SO LONG AS WESTLB IS THE ADMINISTRATIVE AGENT, THE BORROWER FURTHER
AGREES THAT THE ADMINISTRATIVE AGENT MAY MAKE THE COMMUNICATIONS AVAILABLE TO
THE LENDERS BY POSTING THE COMMUNICATIONS ON (OR ANY
REPLACEMENT OR SUCCESSOR THERETO) OR A SUBSTANTIALLY SIMILAR ELECTRONIC
TRANSMISSION SYSTEMS (THE "PLATFORM").
(I)
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". THE AGENTS
DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR 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 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 THE AGENTS IN CONNECTION WITH THE COMMUNICATIONS OR THE
PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR
REPRESENTATIVES (COLLECTIVELY, "AGENT PARTIES") HAVE ANY LIABILITY TO THE
BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND,
INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE
BORROWER'S OR THE ADMINISTRATIVE AGENT'S TRANSMISSION OF COMMUNICATIONS THROUGH
THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN
A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE
RESULTED PRIMARILY FROM SUCH AGENT PARTY'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
(J)
THE ADMINISTRATIVE AGENT AGREES THAT THE RECEIPT OF THE
COMMUNICATIONS BY THE ADMINISTRATIVE AGENT AT ITS E-MAIL ADDRESS SET FORTH IN
SCHEDULE 10.11(A) SHALL CONSTITUTE EFFECTIVE DELIVERY OF THE COMMUNICATIONS TO
THE ADMINISTRATIVE AGENT FOR PURPOSES OF THE FINANCING DOCUMENTS. EACH LENDER
AGREES THAT NOTICE TO IT (AS PROVIDED IN THE NEXT SENTENCE) SPECIFYING THAT THE
COMMUNICATIONS HAVE BEEN POSTED TO THE PLATFORM SHALL CONSTITUTE EFFECTIVE
DELIVERY OF THE COMMUNICATIONS TO SUCH LENDER FOR