OF
BORROWER PARTY OR ANY OTHER PERSON WHICH MAY BE OBLIGATED TO LENDER PARTY BY
VIRTUE OF THIS AGREEMENT, ANY LOAN DOCUMENT, OR ANY OTHER AGREEMENT, DOCUMENT OR
INSTRUMENT HERETOFORE, NOW OR HEREAFTER DELIVERED TO LENDER PARTY BY OR FOR THE
BENEFIT OF BORROWER PARTY WITH RESPECT TO THE CREDIT AGREEMENT OBLIGATIONS, OR
TO COLLECT FROM BORROWER PARTY ANY AMOUNTS OWING HEREUNDER, THEN IN ANY SUCH
EVENT, ALL OF THE ATTORNEYS' FEES INCURRED BY LENDER PARTY ARISING FROM SUCH
SERVICES AND ANY EXPENSES, COSTS AND CHARGES RELATING THERETO SHALL CONSTITUTE
ADDITIONAL OBLIGATIONS OF BORROWER PAYABLE ON DEMAND AND, UNTIL SO PAID, SHALL
BE ADDED TO AND BECOME PART OF THE CREDIT AGREEMENT OBLIGATIONS.
13.9
EXCLUSIVENESS.
THIS AGREEMENT, THE NOTES, THE SECURITY DOCUMENTS,
AND ANY OTHER LOAN DOCUMENTS MADE PURSUANT HERETO ARE MADE FOR THE SOLE
PROTECTION OF BORROWER PARTIES, LENDER PARTIES, AND LENDER PARTIES' SUCCESSORS
AND ASSIGNS, AND NO OTHER PERSON SHALL HAVE ANY RIGHT OF ACTION HEREUNDER.
13.10
WAIVER OF PUNITIVE DAMAGES.
BORROWER AGREES THAT WITH RESPECT TO
ANY CLAIM OF BORROWER ARISING UNDER THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT,
IN NO EVENT SHALL BORROWER HAVE A REMEDY OF, OR SHALL ANY LENDER PARTY BE LIABLE
FOR, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND
BORROWER WAIVES ANY RIGHT OR CLAIM TO SUCH DAMAGES BORROWER MAY HAVE OR WHICH
MAY ARISE IN THE FUTURE IN CONNECTION WITH THE LOANS OR THE LOAN DOCUMENTS,
WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, JUDICIAL PROCESS OR
OTHERWISE.
13.11
WAIVER AND RELEASE BY BORROWER.
BORROWER (A) WAIVES PROTEST OF ALL
COMMERCIAL PAPER AT ANY TIME HELD BY LENDER PARTY ON WHICH BORROWER IS ANY WAY
LIABLE; (B) WAIVES NOTICE OF ACCELERATION AND OF INTENTION TO ACCELERATE;
(C) WAIVES NOTICE AND OPPORTUNITY TO BE HEARD, AFTER ACCELERATION, BEFORE
EXERCISE BY LENDER PARTY OF THE REMEDIES OF SELF-HELP, SET-OFF, OR OF OTHER
SUMMARY PROCEDURES PERMITTED BY ANY APPLICABLE LAWS OR BY ANY AGREEMENT WITH
BORROWER, AND EXCEPT WHERE REQUIRED HEREBY OR BY ANY APPLICABLE LAWS WHICH
REQUIREMENT CANNOT BE WAIVED, NOTICE OF ANY OTHER ACTION TAKEN BY LENDER PARTY;
AND (D) RELEASES LENDER PARTIES AND THEIR RESPECTIVE OFFICERS, ATTORNEYS, AGENTS
AND EMPLOYEES FROM ALL CLAIMS FOR LOSS OR DAMAGE CAUSED BY ANY ACT OR OMISSION
ON THE PART OF ANY OF THEM IN CONNECTION WITH THE CREDIT AGREEMENT OBLIGATIONS,
THE LOAN DOCUMENTS OR THE LENDER PARTY SWAP DOCUMENTS.
13.12
LIMITATION ON WAIVER OF NOTICE, ETC.
NOTWITHSTANDING ANY PROVISION
OF THIS AGREEMENT TO THE CONTRARY, TO THE EXTENT THAT ANY APPLICABLE LAW
EXPRESSLY LIMITS ANY WAIVER OF ANY RIGHT CONTAINED HEREIN OR IN ANY OTHER LOAN
DOCUMENT (INCLUDING ANY WAIVER OF ANY NOTICE OR OTHER DEMAND), SUCH WAIVER SHALL
BE INEFFECTIVE TO SUCH EXTENT.
91
13.13
ADDITIONAL COSTS.
IN THE EVENT THAT ANY APPLICABLE LAW NOW OR
HEREAFTER IN EFFECT AND WHETHER OR NOT PRESENTLY APPLICABLE TO LENDER PARTY, OR
ANY INTERPRETATION OR ADMINISTRATION THEREOF BY ANY GOVERNMENTAL AUTHORITY
CHARGED WITH THE INTERPRETATION OR ADMINISTRATION THEREOF, OR COMPLIANCE BY
LENDER PARTY WITH ANY