Common use of Agent Not Liable Clause in Contracts

Agent Not Liable. Neither the Collateral Agent nor any of the other Secured Parties shall be (a) liable or accountable for any failure to seize, collect, realize, dispose of, enforce or otherwise deal with the Collateral, (b) bound to institute proceedings for any such purposes or for the purpose of preserving any rights of the Collateral Agent, the Debtor or any other person, firm or corporation in respect of the Collateral, or (c) liable or responsible for any loss, cost or damage whatsoever which may arise in respect of any such failure including, without limitation, resulting from the negligence of the Collateral Agent or any of its officers, servants, agents, solicitors, attorneys, Receivers or otherwise except for its, his, her or their gross negligence or willful misconduct. Neither the Collateral Agent nor any of the other Secured Parties, nor their respective officers, servants, agents or Receivers shall be liable by reason of any entry into possession of the Collateral or any part thereof, to account as a mortgagee in possession, for anything except actual receipts, for any loss on realization, for any act or omission for which a mortgagee in possession might be liable, for any negligence in the carrying on or occupation of the business or undertaking of the Debtor as provided in Section 6.5 or for any loss, cost, damage or expense whatsoever which may arise in respect of any such actions, omissions or negligence except for its, his, her or their gross negligence or willful misconduct.

Agent Not Liable. Neither the Collateral The Agent nor any of the other Secured Parties shall not be (a) liable or accountable for any failure to seize, collect, realize, dispose of, enforce or otherwise deal with the Collateral, (b) shall not be bound to institute proceedings for any such purposes or for the purpose of preserving any rights of the Collateral Agent, the Debtor or any other person, firm or corporation in respect of the Collateral, or (c) Collateral and shall not be liable or responsible for any loss, cost or damage whatsoever which may arise in respect of any such failure includingfailure, without limitation, except to the extent resulting from the negligence gross negligence, bad faith or wilful misconduct of the Collateral Agent or any of its officers, servants, agents, solicitors, attorneys, Receivers or otherwise except for its, his, her or their gross negligence or willful misconductotherwise. Neither the Collateral Agent nor any of the other Secured Parties, nor their respective its officers, servants, agents agents, or Receivers shall be liable by reason of any entry into possession of the Collateral or any part thereof, to account as a mortgagee in possession, for anything except actual receipts, for any loss on realization, for any act or omission for which a mortgagee in possession might be liable, for any negligence in the carrying on or occupation of the business or undertaking of the Debtor as provided in Section 6.5 or for any loss, cost, damage or expense whatsoever which may arise in respect of any such actions, actions or omissions or negligence except for its, his, her or to the extent resulting from their gross negligence negligence, bad faith or willful wilful misconduct.

Agent Not Liable. Neither the Collateral The Agent nor any of the other Secured Parties shall not be (a) liable or accountable for any failure to seize, collect, realize, dispose of, enforce or otherwise deal with the Collateral, (b) shall not be bound to institute proceedings for any such purposes or for the purpose of preserving any rights of the Collateral Agent, the Debtor or any other person, firm or corporation Person in respect of the Collateral, or (c) Collateral and shall not be liable or responsible for any loss, cost or damage whatsoever which may arise in respect of any such failure failure, including, without limitation, any loss, cost or damage resulting from the negligence of the Collateral Agent or any of its officers, servants, partners, employees, agents, solicitors, attorneys, Receivers or otherwise except for itsotherwise, hisbut excluding any loss, her cost or their damage resulting from the gross negligence or willful misconductwilful misconduct of the Agent. Neither the Collateral Agent nor any of the other Secured Partiesits partners, nor their respective officers, employees, servants, agents agents, or Receivers shall be liable by reason of any entry into possession of the Collateral or any part thereof, to account as a mortgagee in possession, for anything except actual receipts, for any loss on realization, for any act or omission for which a mortgagee in possession might be liable, for any negligence (other than gross negligence) in the carrying on or occupation of the business or undertaking of the Debtor as provided in Section 6.5 7.5 hereof or for any loss, cost, damage or expense whatsoever which may arise in respect of any such actions, omissions or negligence negligence, except for itsany such actions, his, her omissions or their negligence that constitute gross negligence or willful wilful misconduct.