Common use of Exclusion of Bank’s liability Clause in Contracts

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other another Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown proved to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other a Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, ; except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the negligence or the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower Borrowers (or any of them) or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance a Security Interest created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrancea Security Interest; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance a Security Interest or for any reduction (however caused) in the value of such an asset, ; except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the negligence or the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower Borrowers or any other another Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or the Master Agreement or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower Borrowers or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other another Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct or gross negligence of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to any of the Borrower Borrowers or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank Lender nor any receiver or manager appointed by the BankLender, shall have any liability to the Borrower or any other a Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance a Security Interest created by, a Security Finance Document or by any failure or delay to exercise such a right or to enforce such an Encumbrancea Security Interest; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance a Security Interest or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank Lender or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the BankLender’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower Borrowers (or any other of them) or a Security Party: (aA) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance a security interest created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrancea security interest; or (bB) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance a security interest or for any reduction (however caused) in the value of such an asset, ;. except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the negligence or the wilful misconduct of the Bank’s 's own officers and employees or (as the case may be) such receiver’s 's or manager’s 's own partners or employees.

Exclusion of Bank’s liability. Neither the Bank nor any receiver or manager appointed by the Bank, shall have any liability to the Borrower or any other Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of an Encumbrance created by, a Security Document or by any failure or delay to exercise such a right or to enforce such an Encumbrance; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such an Encumbrance or for any reduction (however caused) in the value of such an asset, except that this does not exempt the Bank or a receiver or manager from liability for losses shown to have been caused by the wilful misconduct of the Bank’s 's own officers and employees or (as the case may be) such receiver’s 's or manager’s 's own partners or employees.