SECTION 13.10(A). EACH BORROWER AND EACH LENDER
HEREBY ACKNOWLEDGES AND AGREES THAT THE USE OF ELECTRONIC TRANSMISSIONS IS NOT
NECESSARILY SECURE AND THAT THERE ARE RISKS ASSOCIATED WITH SUCH USE, INCLUDING
RISKS OF INTERCEPTION, DISCLOSURE AND ABUSE AND EACH INDICATES IT ASSUMES AND
ACCEPTS SUCH RISKS BY HEREBY AUTHORIZING THE TRANSMISSION OF ELECTRONIC
TRANSMISSIONS.
(C)
SUBJECT TO THE PROVISIONS OF
SECTION 13.10(A), (I)(A) NO POSTING TO ANY E-SYSTEM SHALL BE DENIED LEGAL EFFECT
MERELY BECAUSE IT IS MADE ELECTRONICALLY, (B) EACH E SIGNATURE ON ANY SUCH
POSTING SHALL BE DEEMED SUFFICIENT TO SATISFY ANY REQUIREMENT FOR A "SIGNATURE"
AND (C) EACH SUCH POSTING SHALL BE DEEMED SUFFICIENT TO SATISFY ANY REQUIREMENT
FOR A "WRITING", IN EACH CASE INCLUDING PURSUANT TO ANY LOAN DOCUMENT, ANY
APPLICABLE PROVISION OF ANY UNIFORM COMMERCIAL CODE, THE FEDERAL UNIFORM
ELECTRONIC TRANSACTIONS ACT, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT AND ANY SUBSTANTIVE OR PROCEDURAL REQUIREMENT OF LAW GOVERNING SUCH
SUBJECT MATTER, (II) EACH SUCH POSTING THAT IS NOT READILY CAPABLE OF BEARING
EITHER A SIGNATURE OR A REPRODUCTION OF A SIGNATURE MAY BE SIGNED, AND SHALL BE
DEEMED SIGNED, BY ATTACHING TO, OR LOGICALLY ASSOCIATING WITH SUCH POSTING, AN
E-SIGNATURE, UPON WHICH EACH LENDER AND EACH BORROWER MAY RELY AND ASSUME THE
AUTHENTICITY THEREOF, (III) EACH SUCH POSTING CONTAINING A SIGNATURE, A
REPRODUCTION OF A SIGNATURE OR AN E-SIGNATURE SHALL, FOR ALL INTENTS AND
PURPOSES, HAVE THE SAME EFFECT AND WEIGHT AS A SIGNED PAPER ORIGINAL AND
(IV) EACH PARTY HERETO OR BENEFICIARY HERETO AGREES NOT TO CONTEST THE VALIDITY
OR ENFORCEABILITY OF ANY POSTING ON ANY E-SYSTEM OR E-SIGNATURE ON ANY SUCH
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POSTING UNDER THE PROVISIONS OF ANY APPLICABLE REQUIREMENT OF LAW REQUIRING
CERTAIN DOCUMENTS TO BE IN WRITING OR SIGNED; PROVIDED, HOWEVER, THAT NOTHING
HEREIN SHALL LIMIT SUCH PARTY'S OR BENEFICIARY'S RIGHT TO CONTEST WHETHER ANY
POSTING TO ANY E-SYSTEM OR E-SIGNATURE HAS BEEN ALTERED AFTER TRANSMISSION.
(D)
ALL USES OF AN E-SYSTEM SHALL BE GOVERNED BY
AND SUBJECT TO, IN ADDITION TO THIS SECTION 13.10, SEPARATE TERMS AND CONDITIONS
POSTED OR REFERENCED IN SUCH E-SYSTEM AND RELATED CONTRACTUAL OBLIGATIONS
EXECUTED BY THE LENDERS AND THE BORROWERS IN CONNECTION WITH THE USE OF SUCH
E-SYSTEM.
(E)
ALL E-SYSTEMS AND ELECTRONIC TRANSMISSIONS
SHALL BE PROVIDED "AS IS" AND "AS AVAILABLE". NONE OF THE ADMINISTRATIVE AGENT
OR ANY OF ITS RELATED PERSONS WARRANTS THE ACCURACY, ADEQUACY OR COMPLETENESS OF
ANY E-SYSTEMS OR ELECTRONIC TRANSMISSION AND DISCLAIMS ALL LIABILITY FOR ERRORS
OR OMISSIONS THEREIN. NO WARRANTY OF ANY KIND IS MADE BY THE ADMINISTRATIVE
AGENT OR ANY OF ITS RELATED PERSONS IN CONNECTION WITH ANY E SYSTEMS OR
ELECTRONIC COMMUNICATION, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM
VIRUSES OR OTHER CODE DEFECTS. THE BORROWERS AGREE THAT THE ADMINISTRATIVE AGENT
HAS NO RESPONSIBILITY FOR MAINTAINING OR PROVIDING ANY EQUIPMENT, SOFTWARE,
SERVICES OR ANY TESTING REQUIRED IN CONNECTION WITH ANY ELECTRONIC TRANSMISSION
OR OTHERWISE REQUIRED FOR ANY E-SYSTEM.
13.11
SECTION TITLES.
The Section titles