REASONABLE EFFORTS TO OBTAIN A PERMANENT
CERTIFICATE OF OCCUPANCY.
3.3.14.
LENDER REVIEW.
OBSERVATION, INSPECTION AND APPROVALS BY LENDER OF
THE PLANS AND SPECIFICATIONS FOR THE PROJECT, ANY OTHER PROJECT DOCUMENTS
RELATED TO THE PROJECT, THE CONSTRUCTION OF THE PROJECT AND THE WORKMANSHIP AND
MATERIALS USED THEREIN SHALL IMPOSE NO RESPONSIBILITY OR LIABILITY OF ANY NATURE
WHATSOEVER ON LENDER OR CONSTRUCTION CONSULTANT AND NO PERSON SHALL, UNDER ANY
CIRCUMSTANCES, BE ENTITLED TO RELY UPON SUCH INSPECTIONS AND APPROVALS BY LENDER
OR CONSTRUCTION CONSULTANT FOR ANY REASON.
APPROVALS GRANTED BY LENDER FOR ANY
MATTERS COVERED UNDER THIS AGREEMENT SHALL BE NARROWLY CONSTRUED TO COVER ONLY
THE PARTIES AND FACTS IDENTIFIED IN ANY SUCH APPROVAL.
3.3.15.
TRADE CONTRACTORS.
EXCEPT AS PROVIDED BY LAW, NO TRADE CONTRACTORS
OR ANY OTHER PERSON DEALING WITH BORROWER, INCLUDING, WITHOUT LIMITATION, THE
ARCHITECT, THE ENGINEER, IF ANY, AND THE CONSTRUCTION MANAGER, SHALL BE, NOR
SHALL ANY OF THEM BE DEEMED TO BE, THIRD PARTY BENEFICIARIES OF THIS AGREEMENT,
BUT EACH SHALL BE DEEMED TO HAVE AGREED (I) THAT THE TRADE CONTRACTOR(S) OR
OTHER PERSON IN QUESTION SHALL LOOK TO BORROWER AS THEIR SOLE SOURCE OF RECOVERY
IF NOT PAID AND (II) EXCEPT AS OTHERWISE AGREED TO IN WRITING BETWEEN LENDER AND
THE TRADE CONTRACTOR(S) OR OTHER PERSON IN QUESTION, THAT THEY MAY NOT CLAIM
AGAINST LENDER UNDER ANY CIRCUMSTANCES.
SECTION 3.4.
CONSTRUCTION CONSULTANT.
LENDER HAS RETAINED
CONSTRUCTION CONSULTANT, AT THE SOLE COST OF THE BORROWER, TO PERFORM CERTAIN
SERVICES AND ADVISE LENDER GENERALLY WITH
96
RESPECT TO EACH PROJECT. THE REASONABLE FEES OF CONSTRUCTION CONSULTANT SHALL BE
PAID BY BORROWER WITHIN THIRTY (30) DAYS AFTER BILLING THEREFOR AND EXPENSES
INCURRED BY LENDER ON ACCOUNT THEREOF SHALL BE REIMBURSED TO LENDER WITHIN TEN
(10) DAYS AFTER REQUEST THEREFOR, BUT NEITHER LENDER NOR CONSTRUCTION CONSULTANT
SHALL HAVE ANY LIABILITY TO BORROWER ON ACCOUNT OF: (I) THE SERVICES PERFORMED
BY CONSTRUCTION CONSULTANT; (II) ANY NEGLECT OR FAILURE ON THE PART OF
CONSTRUCTION CONSULTANT TO PROPERLY PERFORM ITS SERVICES; OR (III) ANY APPROVAL
GIVEN OR WITHHELD BY CONSTRUCTION CONSULTANT.
NEITHER LENDER NOR CONSTRUCTION
CONSULTANT ASSUMES ANY OBLIGATION OF BORROWER OR ANY OTHER PERSON CONCERNING THE
QUALITY OF CONSTRUCTION OF ANY PROJECT OR THE ABSENCE THEREFROM OF DEFECTS.
BORROWER ACKNOWLEDGES THAT (I) CONSTRUCTION CONSULTANT HAS BEEN RETAINED BY
LENDER TO ACT AS A CONSULTANT AND ONLY AS A CONSULTANT TO LENDER IN CONNECTION
WITH THE CONSTRUCTION OF THE PROJECTS AND HAS NO DUTY TO BORROWER, (II)
CONSTRUCTION CONSULTANT SHALL IN NO EVENT OR UNDER ANY CIRCUMSTANCE HAVE ANY
POWER OR AUTHORITY TO MAKE ANY DECISION OR TO GIVE ANY APPROVAL OR CONSENT OR TO
DO ANY OTHER ACT OR THING WHICH IS BINDING UPON LENDER, AND ANY SUCH PURPORTED
DECISION, APPROVAL, CONSENT, ACT OR THING BY CONSTRUCTION CONSULTANT ON BEHALF
OF LENDER SHALL BE VOID AND OF NO FORCE OR EFFECT, (III) LENDER RESERVES THE
RIGHT TO MAKE ANY AND ALL DECISIONS REQUIRED TO BE MADE BY LENDER UNDER THIS
AGREEMENT AND TO GIVE OR REFRAIN FROM GIVING ANY AND ALL CONSENTS