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Notwithstanding anything in this Agreement, the Credit Agreement or any other Financing Document to the contrary, the Accounts Bank shall have no obligation to # make any payment, transfer or withdrawal from any Project Account until it has received written direction to make such payment, transfer or withdrawal from the Lender or, to the extent expressly provided in this Agreement or otherwise with the Lender’s written confirmation, the Borrower or # determine whether any payment, transfer or withdrawal from any Project Account made in accordance with any written direction from the Lender or the Borrower complies with the terms of this Agreement, the Credit Agreement or any other Financing Document. The Accounts Bank shall have no liability for, nor any responsibility or obligation to confirm, the use or application by the Borrower, the Lender or any other recipient of amounts withdrawn or transferred from any Project Account.

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Notwithstanding anything contained in this Agreement, the Credit Agreement or any other Financing Document to the contrary, the Accounts Bank shall have no obligation to # make any payment, transfer or withdrawal from any Project Account until it has received written direction to make such payment, transfer or withdrawal from the Lender or, toor the extent expressly provided inBorrower (if this Agreement or otherwise withexplicitly provides that any such direction may be made by the Lender’s written confirmation, the BorrowerBorrower), or # determine whether any payment, transfer or withdrawal from any Project Account made in accordance with any written direction from the Lender or the Borrower (if this Agreement explicitly provides that any such direction may be made by the Borrower) complies with the terms of this Agreement, the Credit Agreement or any other Financing Document.Agreement. The Accounts Bank shall have no liability for, nor any responsibility or obligation to confirm, the use or application by the Borrower,Borrower or the Lender or any other recipient of amounts withdrawn or transferred from any Project Account.

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