RELEASE OR PREJUDICE ANY OF ITS OBLIGATIONS UNDER THIS
CLAUSE 5.5 (WITHOUT LIMITATION AND WHETHER OR NOT KNOWN TO IT OR ANY OTHER
PERSON) INCLUDING:
(I)
ANY TIME, WAIVER OR CONSENT GRANTED TO, OR COMPOSITION WITH, ANY
OBLIGOR, ANY BENEFICIARY OR ANY OTHER PERSON;
(II)
THE RELEASE OF ANY OBLIGOR OR ANY OTHER PERSON UNDER THE TERMS OF
ANY COMPOSITION OR ARRANGEMENT WITH ANY CREDITOR OF ANY MEMBER OF THE GROUP;
(III)
THE TAKING, VARIATION, COMPROMISE, EXCHANGE, RENEWAL OR RELEASE
OF, OR REFUSAL OR NEGLECT TO PERFECT, TAKE UP OR ENFORCE, ANY RIGHTS AGAINST, OR
SECURITY OVER ASSETS OF, ANY OBLIGOR, ANY BENEFICIARY OR ANY OTHER PERSON OR ANY
NON-PRESENTATION OR NON-OBSERVANCE OF ANY FORMALITY OR OTHER REQUIREMENT IN
RESPECT OF ANY INSTRUMENT OR ANY FAILURE TO REALISE THE FULL VALUE OF ANY
SECURITY;
(IV)
ANY INCAPACITY OR LACK OF POWER, AUTHORITY OR LEGAL PERSONALITY OF
OR DISSOLUTION OR CHANGE IN THE MEMBERS OR STATUS OF AN OBLIGOR, ANY BENEFICIARY
OR ANY OTHER PERSON;
(V)
ANY AMENDMENT OR RESTATEMENT (HOWEVER FUNDAMENTAL) OR REPLACEMENT
OF A FINANCE DOCUMENT, ANY DOCUMENTARY CREDIT OR ANY OTHER DOCUMENT OR SECURITY;
(VI)
ANY UNENFORCEABILITY, ILLEGALITY OR INVALIDITY OF ANY OBLIGATION
OF ANY PERSON UNDER ANY FINANCE DOCUMENT, ANY DOCUMENTARY CREDIT OR ANY OTHER
DOCUMENT OR SECURITY; OR
(VII)
ANY INSOLVENCY OR SIMILAR PROCEEDINGS.
5.6
RIGHTS OF CONTRIBUTION
No Obligor will be entitled to any right of contribution or indemnity from any
Finance Party in respect of any payment it may make under this Clause 5
(Documentary Credits).
5.7
ROLE OF THE L/C BANK
(A)
NOTHING IN THIS AGREEMENT CONSTITUTES THE L/C BANK AS A TRUSTEE OR
FIDUCIARY OF ANY OTHER PERSON.
(B)
THE L/C BANK SHALL NOT BE BOUND TO ACCOUNT TO ANY LENDER FOR ANY
SUM OR THE PROFIT ELEMENT OF ANY SUM RECEIVED BY IT FOR ITS OWN ACCOUNT.
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(C)
THE L/C BANK MAY ACCEPT DEPOSITS FROM, LEND MONEY TO AND GENERALLY
ENGAGE IN ANY KIND OF BANKING OR OTHER BUSINESS WITH ANY MEMBER OF THE GROUP.
(D)
THE L/C BANK MAY RELY ON:
(I)
ANY REPRESENTATION, NOTICE OF DOCUMENT BELIEVED BY IT TO BE
GENUINE, CORRECT AND APPROPRIATELY AUTHORISED; AND
(II)
ANY STATEMENT MADE BY A DIRECTOR, AUTHORISED SIGNATORY OR
EMPLOYEE OF ANY PERSON REGARDING ANY MATTERS WHICH MAY REASONABLY BE ASSUMED TO
BE WITHIN HIS KNOWLEDGE OR WITHIN HIS POWER TO VERIFY.
(E)
THE L/C BANK MAY ENGAGE, PAY FOR AND RELY ON THE ADVICE OR
SERVICES OF ANY LAWYERS, ACCOUNTANTS, SURVEYORS OR OTHER EXPERTS.
(F)
THE L/C BANK MAY ACT IN RELATION TO THE FINANCE DOCUMENTS THROUGH
ITS PERSONNEL AND AGENTS.
(G)
THE L/C BANK IS NOT RESPONSIBLE FOR:
(I)
THE ADEQUACY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION
(WHETHER ORAL OR WRITTEN) SUPPLIED BY THE L/C BANK, THE FACILITY AGENT, THE
MANDATED LEAD ARRANGERS, AN OBLIGOR OR ANY OTHER PERSON GIVEN IN OR IN
CONNECTION WITH ANY FINANCE DOCUMENT; OR
(II)
THE LEGALITY, VALIDITY, EFFECTIVENESS, ADEQUACY OR ENFORCEABILITY
OF ANY FINANCE DOCUMENT OR ANY OTHER AGREEMENT, ARRANGEMENT OR