Common use of Duty of Care Clause in Contracts

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company as a Director, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's or officer's office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a Member subscribed for Units shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company A Manager shall not be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company duties, or otherwise in his or her capacity as a DirectorManager, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer Manager constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct performance of such Director's his or officer's officeher duties to the Company. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for purchased Units shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company as a Director, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's or officer's office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a Member subscribed for Units an Interest shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No A Director or officer of the Company shall not be liable to the Company Fund or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her the Director's services to the Company as a Directorunder this Agreement, unless it shall be determined by final judicial decision in a court of competent jurisdiction on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer person constituting willful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of such Director's office or officer's officeas otherwise required by law. (b) Members A Member not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units shall be liable to the CompanyFund, any Member other Member, or third parties only as provided under required by the Delaware ActAct or otherwise provided in this Agreement.

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company as a Director, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's ’s or officer's ’s office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company A Manager shall not be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company duties, or otherwise in his or her capacity as a DirectorManager, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer Manager constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct performance of such Director's his or officer's officeher duties to the Company. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units purchased an Interest shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company as a Director, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's or officer's office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director Manager, former Manager, officer or former officer of the Company Fund shall be liable to the Company Fund or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her such person’s services to the Company as a Directorunder this Agreement, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer person constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's person’s office or officer's officeas otherwise required by applicable law. (b) Members A Member not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units an Interest shall be liable to the CompanyFund, any other Member or third parties only as provided under required by the Delaware ActAct or otherwise provided in this Agreement.

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his his, her or her its services to the Company as a Directorunder this Agreement, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's or officer's office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units Shares shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company A Manager shall not be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company duties, or otherwise in his or her capacity as a DirectorManager, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer Manager constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct performance of such Director's his or officer's officeher duties to the Company. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units an Interest shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.

Duty of Care. (a) No Director or officer of the Company shall be liable to the Company or to any of its Members for any loss or damage occasioned by any act or omission in the performance of his or her services to the Company as a Directorunder this Agreement, unless it shall be determined by final judicial decision on the merits from which there is no further right to appeal that such loss is due to an act or omission of such Director or officer constituting willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Director's or officer's office. (b) Members not in breach of any obligation hereunder or under any agreement pursuant to which a the Member subscribed for Units shall be liable to the Company, any Member or third parties only as provided under the Delaware Act.