Bank Not liable. The Borrower agrees that the Bank shall not be liable to the Borrower for any Losses which the Borrower may suffer, sustain or become subject to as a result of, in connection with, relating or incidental to or by virtue of any action taken or not taken or anything done or not done by the Bank under or in respect of this Agreement or any Loan or Letter of Credit, save and except for any Losses which arise out of, or result from, the negligence, fraud or willful misconduct of the Bank, provided that the Bank shall not be liable for any special, consequential or punitive damages under any circumstances.
Appears in 3 contracts
Samples: Guaranty Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc)
Bank Not liable. The Borrower agrees that the Bank shall not be liable to the Borrower or any other Loan Party for any Losses which the Borrower or any Subsidiary may suffer, sustain or become subject to as a result of, in connection with, relating or incidental to or by virtue of any action taken or not taken or anything done or not done by the Bank under or in respect of this Agreement or Agreement, any Loan or Letter of Credit, save and except for any Losses which arise out of, or result from, the negligence, fraud or willful misconduct of the Bank, provided that the Bank shall not be liable for any special, consequential or punitive damages under any circumstances.
Appears in 2 contracts
Samples: Credit Agreement (Gerdau Ameristeel Corp), Credit Agreement (Gerdau Ameristeel Corp)
