Common use of Exculpation; Limitation and Delegation of Duties Clause in Contracts

Exculpation; Limitation and Delegation of Duties. Neither the Collateral Agent nor any of its directors, officers, partners, agents, representatives, advisors or employees (collectively, the “Collateral Agent Parties”) shall be liable to any Secured Party for any action taken or omitted to be taken by any of them hereunder, except for their own gross negligence or willful misconduct. None of Collateral Agent Parties shall be responsible for, or have any duty to ascertain the veracity, performance or satisfaction of, any representation, warranty, covenant, agreement or condition made or contained in this Agreement or any other Transaction Document. The Collateral Agent may undertake any of its duties as Collateral Agent hereunder by or through employees, agents, and attorneys-in-fact and shall not be liable to any Secured Party for the negligence or misconduct of any such agents or attorneys-in-fact selected in good faith by the Collateral Agent.

Appears in 3 contracts

Samples: Security Agreement (Manaris Corp), Security Agreement (Applied Digital Solutions Inc), Security Agreement (Digital Angel Corp)

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Exculpation; Limitation and Delegation of Duties. Neither the Collateral Agent nor any of its directors, officers, partners, agents, representatives, advisors or employees (collectively, the “Collateral Agent Parties”) shall be liable to any Secured Party Holder for any action taken or omitted to be taken by any of them hereunder, except for their own gross negligence or willful misconduct. None of Collateral Agent Parties shall be responsible for, or have any duty to ascertain the veracity, performance or satisfaction of, any representation, warranty, covenant, agreement or condition made or contained in this Agreement or any other Transaction Document. The Collateral Agent may undertake any of its duties as Collateral Agent hereunder by or through employees, agents, agents and attorneys-in-fact and shall not be liable to any Secured Party Holder for the negligence or misconduct of any such agents or attorneys-in-fact selected in good faith by the Collateral Agent.

Appears in 2 contracts

Samples: Security Agreement (Integrated Biopharma Inc), Security Agreement (Echo Therapeutics, Inc.)

Exculpation; Limitation and Delegation of Duties. Neither the Collateral Agent nor any of its directors, officers, partners, agents, representatives, advisors or employees (collectively, the “Collateral Agent Parties”) shall be liable to any Secured Party Holder for any action taken or omitted to be taken by any of them hereunder, except for their own gross negligence or willful misconduct. None of Collateral Agent Parties shall be responsible for, or have any duty to ascertain the veracity, performance or satisfaction of, any representation, warranty, covenant, agreement or condition made or contained in this Agreement or any other Transaction Document. The Collateral Agent may undertake any of its duties as Collateral Agent hereunder by or through employees, agents, agents and attorneys-in-fact and shall not be liable to any Secured Party Holder for the negligence or misconduct of any such agents or attorneys-in-fact selected in good faith by the Collateral Agent.. 15.4

Appears in 1 contract

Samples: Security Agreement (Integrated Biopharma Inc)

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Exculpation; Limitation and Delegation of Duties. Neither the Collateral Agent nor any of its directors, officers, partners, agents, representatives, advisors or employees (collectively, the “Collateral Agent Parties”) shall be liable to any Secured Party for any action taken or omitted to be taken by any of them hereunder, except for their own gross negligence or willful misconduct. None of Collateral Agent Parties shall be responsible for, or have any duty to ascertain the veracity, performance or satisfaction of, any representation, warranty, covenant, agreement or condition made or contained in this Agreement or any other Transaction Document. The Collateral Agent may undertake any of its duties as Collateral Agent hereunder by or through employees, agents, agents and attorneys-in-fact and shall not be liable to any Secured Party for the negligence or misconduct of any such agents or attorneys-in-fact selected in good faith by the Collateral Agent.

Appears in 1 contract

Samples: Security Agreement (Manaris Corp)

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