Common use of Exclusions from Indemnities Clause in Contracts

Exclusions from Indemnities. The indemnities contained in this Clause 24 shall not extend to any claim or liability of a Finance Party to the extent that such claim or liability: (a) arises from an act or omission on the part of that Finance Party which constitutes wilful misconduct or recklessness with knowledge of the probable consequences on the part of such Finance Party; (b) is caused by any failure on the part of that Finance Party to comply with any of its express obligations under any of the Finance Documents to which that Finance Party is a party (but excluding any such breach or failure that arises as a result of the failure of a party to such Finance Document (other than that Finance Party) duly and punctually to perform its obligations); (c) represents any loss of the right to receive future income or profits; (d) is part of the normal administrative or overhead expenses of that Finance Party except to the extent the same arise on or following an Event of Default which is continuing; or (e) is in respect of which that Finance Party is expressly and specifically indemnified and have received and is entitled to retain such indemnity under any other provision of the Finance Documents.

Exclusions from Indemnities. The indemnities contained in this Clause 24 shall not extend to any claim or liability of a Finance Party to the extent that such claim or liability: (a) arises from an act or omission on the part of that Finance Party which constitutes wilful misconduct or recklessness with knowledge of the probable consequences on the part of such Finance Party; (b) is caused by any failure on the part of that Finance Party to comply with any of its express obligations under any of the Finance Documents to which that Finance Party is a party (but excluding any such breach or failure that arises as a result of the failure of a party to such Finance Document (other than that Finance Party) duly and punctually to perform its obligations); (c) represents any loss of the right to receive future income or profits; (d) is part of the normal administrative or overhead expenses of that Finance Party except to the extent the same arise on or following an Event of Default which is continuing; or (e) is one in respect of which that Finance Party is expressly and specifically indemnified and have has received and is entitled to retain such indemnity under any other provision of the Finance Documents.

Exclusions from Indemnities. The indemnities contained in this Clause 24 25 shall not extend to any claim or liability of a Finance Party to the extent that such claim or liability: (a) arises from an act or omission on the part of that Finance Party which constitutes wilful misconduct or recklessness misconduct, negligence with knowledge reckless disregard of the probable consequences or fraudulent misrepresentation on the part of such Finance Party; (b) is caused by any failure on the part of that Finance Party to comply with any of its express obligations under any of the Finance Documents to which that Finance Party is a party (but excluding any such breach or failure that arises as a result of the failure of a party to such Finance Document (other than that Finance Party) duly and punctually to perform its obligations); (c) represents any loss of the right to receive future income or profits; (d) is part of the normal administrative or overhead expenses of that Finance Party except to the extent the same arise on or following an Event of Default which is continuing; or (e) is one in respect of which that Finance Party is expressly and specifically indemnified and have has received and is entitled to retain such indemnity under any other provision of the Finance Documents.