As between Loan Parties and [[Organization B:Organization]] and Lenders, each Loan Party assumes all risks of the acts and omissions of, or misuse of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the respective foregoing, [[Organization B:Organization]] shall not be responsible for: # the form, validity, sufficiency, accuracy, genuineness or legal effect of any document submitted by any party in connection with the application for an issuance of any such Letter of Credit, even if it should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged (even if [[Organization B:Organization]] shall have been notified thereof); # the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any such Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; # the failure of the beneficiary of any such Letter of Credit, or any other party to which such Letter of Credit may be transferred, to comply fully with any conditions required in order to draw upon such Letter of Credit or any other claim of any Borrower against any beneficiary of such Letter of Credit, or any such transferee, or any dispute between or among any Borrower and any beneficiary of any Letter of Credit or any such transferee; # errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, facsimile, telex or otherwise, whether or not they be in cipher; # errors in interpretation of technical terms; # any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any such Letter of Credit or of the proceeds thereof; # the misapplication by the beneficiary of any such Letter of Credit of the proceeds of any drawing under such Letter of Credit; or # any consequences arising from causes beyond the control of [[Organization B:Organization]], including any Governmental Acts, and none of the above shall affect or impair, or prevent the vesting of, any of [[Organization B:Organization]]'s rights or powers hereunder. Nothing in the preceding sentence shall relieve [[Organization B:Organization]] from liability for [[Organization B:Organization]]'s gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment) in connection with actions or omissions described in such [clauses (i) through (viii)] of such sentence. In no event shall [[Organization B:Organization]] or [[Organization B:Organization]]'s Affiliates be liable to any Loan Party for any indirect, consequential, incidental, punitive, exemplary or special damages or expenses (including without limitation attorneys' fees), or for any damages resulting from any change in the value of any property relating to a Letter of Credit.

under the Florida Petroleum Liability Insurance Program ("FPLIPA"), environmental impairment liability insurance covering acts or omissions of Lessee in whole or in part, in an amount not less than $1,000,000.00 with Lessee named as an additional co-insured.

Assignor shall indemnify and hold Assignee harmless from any claim, liability, cost or expense (including without limitation reasonable attorneys’ fees and costs) arising out any obligation or liability of landlord under the Lease relating to acts or omissions occurring prior to the date hereof during the period Assignor owned the Property.

Errors and Omissions. Borrowers agree to fully cooperate with Bank and adjust clerical errors on any or all Loan Documents or other loan closing documentation if deemed necessary or desirable in the reasonable discretion of Bank.

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, will impair any such right, power or remedy of such non-breaching or non-defaulting party nor will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, are cumulative and not alternative.

Any other acts or omissions of Tenant, or its agents, or employees;

Further Acts. AEP and User shall from time to time perform such other and further acts and execute such other and further instruments as may be required by law or may be reasonably necessary # to carry out the intent and purpose of this Agreement, and # to establish, maintain and protect the respective rights and remedies of the other party.

Further Acts. ​ and User shall from time to time perform such other and further acts and execute such other and further instruments as may be required by law or may be reasonably necessary # to carry out the intent and purpose of this Agreement, and # to establish, maintain and protect the respective rights and remedies of the other party.

Claims based on events, acts or omissions taking place after the Execution Date of this Agreement; and

by its acts or omissions knowingly and/or intentionally not cause any breach or default under the Purchase Agreement,