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5 the Originator may agree to any such modification, amendment or waiver of Equipment Note I without the written consent of the Participant pursuant to or in connection with any bankruptcy, insolvency, moratorium or other similar law affecting the Borrower or if required by any other applicable law, rule, regulation, larder, decree or request of any governmental [12] ^authoritv havine reeulatorv authoritv over the Orie:inator. H the Originator shall request the written consent of the Participant to any such modification, amendment or waiver, and shall not receive a denial thereof from the Participant within ten (10) business days of the Originator after making such request, then the Participant shall be deemed to have given such consent. The Participant shall not have, and shall not assert or seek to exercise, any right of legal redress against the Borrower or any guarantor in respect of any of Equipment Loan I, Equipment Note I or its Participations, except its right of set-off as provided in Paragraph IV. I' b. The Originator will use [13] ^reasonable steps to notify the Participant of the occurrence of any payment default or of any other event of default with respect to which it has received formal notice from the Borrower under Equipment Note I, but no failure to give the Participant any such notice shall result in any liability on the part of the Originator to the Participant. 10 1 5 20 c. The Originator will follow its normal lending and banking practices for similar extensions of credit of similar amounts in which the Originator has not sold participations in the servicing and collection of Equipment Loan I and in the performance and enforcement of the terms of Equipment Note I, but the Originator 25 assumes no responsibility for the repayment Equipment Loan I. The Originator shall not be liable for any loss or damage resulting from any error of judgment or from taking or refusing to take any action unless resulting from gross negligence or willful misconduct. Without limitation of the generality of the foregoing, the Originator (i) may consult with legal counsel (including counsel for the Borrower), 30 independent public accountants and other experts selected by the Originator, and shall not be liable for any action taken or omitted to be taken in good f~th by the Originator in accordance with the advice of such counsel, accountants or experts; (ii) may employ agents and atlorneys~in~fact and shall not be answerable, except as to money or securities received by it or its authorized agents, for the default or 35 misconduct of any such agents or attorneys~in~fact selected by it with reasonable care after appropriate investigation; (iii) makes no warranty or representation and shall not be responsible for any statement, warranty or representation made in or in connection with Equipment Note I or any document relative thereto or for the financial condition of the Borrower or any guarantor; (iv) shall not be responsible 40 for the performance or observance of any of the terms, covenants or conditions of Equipment Note Ion the part of the Borrower and shall not have any duty to inspect any collateral for the Borrower's obligations under Equipment Loan I or the property (including the books and records) of the Borrower or any guarantor; (v) -6-