Common use of Bank’s Responsibility/Limitation of Liability Clause in Contracts

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender Collateral Agent for any expense, claim, loss, damage or cost (“"Damages”") arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.. DACA with Activation 01-08-12

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender Agent for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and to the extent resulting directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender Collateral Agent for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender any Agent for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and to the extent resulting directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender Agent for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and to the extent resulting directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations. (b) In no event will Bank or Agent be liable for any special, indirect, exemplary, punitive or consequential damages, including but not limited to lost profits.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender for any expense, claim, loss, damage or cost (“"Damages”") arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and directly from Bank’s 's acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s 's obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.

Bank’s Responsibility/Limitation of Liability. (a) Bank will not be liable to Company or Lender Collateral Agent for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance or failure to perform under this Agreement other than those Damages that result solely and directly from Bank’s acts or omissions constituting gross negligence or intentional misconduct as determined in a court of competent jurisdiction in a final non-appealable order. Bank’s obligations hereunder shall be that of a depository bank, and nothing in this Agreement shall create custodial or bailee obligations.