Agent and each Affiliate of the foregoing
may
be engaged in a broad range of transactions that involve interests that differ
from those of the Borrower and its Affiliates, and neither the Administrative
Agent nor any other Agent has any obligation to disclose any of such interests
by virtue of any advisory, agency or fiduciary relationship; and (v) neither the
Administrative Agent nor any other Agent has provided and none will provide any
legal, accounting, regulatory or tax advice with respect to any of the
transactions contemplated hereby (including any amendment, waiver or other
modification hereof or of any other Loan Document) and the Borrower has
consulted its own legal, accounting, regulatory and tax advisors to the extent
it has deemed appropriate. The Borrower hereby waives and releases, to the
fullest extent permitted by law, any claims that it may have against the
Administrative Agent or any other Agent with respect to any breach or alleged
breach of agency or fiduciary duty; and
(c)
no joint venture is created hereby or by
the other Loan Documents or otherwise exists by virtue of the transactions
contemplated hereby among the Lenders or among the Borrower, on the one hand,
and any Lender, on the other hand.
13.15.
WAIVERS OF JURY TRIAL. THE BORROWER, EACH AGENT AND EACH
LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL
ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND
FOR ANY COUNTERCLAIM THEREIN.
13.16.
CONFIDENTIALITY. THE ADMINISTRATIVE AGENT, EACH OTHER
AGENT AND EACH LENDER SHALL HOLD ALL NON-PUBLIC INFORMATION FURNISHED BY OR ON
BEHALF OF THE BORROWER OR ANY OF ITS SUBSIDIARIES IN CONNECTION WITH SUCH
LENDER'S EVALUATION OF WHETHER TO BECOME A LENDER HEREUNDER OR OBTAINED BY SUCH
LENDER, THE ADMINISTRATIVE AGENT OR SUCH OTHER AGENT PURSUANT TO THE
REQUIREMENTS OF THIS AGREEMENT ("CONFIDENTIAL INFORMATION"), CONFIDENTIAL IN
ACCORDANCE
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WITH ITS CUSTOMARY PROCEDURE FOR HANDLING CONFIDENTIAL INFORMATION OF THIS
NATURE AND (IN THE CASE OF A LENDER THAT IS A BANK) IN ACCORDANCE WITH SAFE AND
SOUND BANKING PRACTICES AND IN ANY EVENT MAY MAKE DISCLOSURE AS REQUIRED OR
REQUESTED BY ANY GOVERNMENTAL, REGULATORY OR SELF-REGULATORY AGENCY OR
REPRESENTATIVE THEREOF OR PURSUANT TO LEGAL PROCESS OR APPLICABLE LAW OR
REGULATION OR (A) TO SUCH LENDER'S OR THE ADMINISTRATIVE AGENT'S OR OTHER
AGENT'S ATTORNEYS, PROFESSIONAL ADVISORS, INDEPENDENT AUDITORS, TRUSTEES OR
AFFILIATES, (B) TO AN INVESTOR OR PROSPECTIVE INVESTOR IN A SECURITIZATION THAT
AGREES ITS ACCESS TO INFORMATION REGARDING THE LOAN PARTIES, THE LOANS AND THE
LOAN DOCUMENTS IS SOLELY FOR PURPOSES OF EVALUATING AN INVESTMENT IN A
SECURITIZATION AND WHO AGREES TO TREAT SUCH INFORMATION AS CONFIDENTIAL, (C) TO
A TRUSTEE, COLLATERAL MANAGER, SERVICER, BACKUP SERVICER, NOTEHOLDER OR SECURED
PARTY IN CONNECTION WITH THE ADMINISTRATION, SERVICING AND REPORTING ON THE
ASSETS SERVING AS COLLATERAL FOR A SECURITIZATION AND WHO AGREES TO TREAT SUCH
INFORMATION AS CONFIDENTIAL AND (D) TO A NATIONALLY RECOGNIZED RATINGS AGENCY
THAT REQUIRES ACCESS TO INFORMATION REGARDING THE LOAN PARTIES, THE LOANS AND
LOAN DOCUMENTS