Common use of Exculpation of Liability Clause in Contracts

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Party's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously or with gross (not mere) negligence, bad faith or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment). Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Credit Party's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously or with thereof, except for the gross (not mere) negligence, bad faith negligence or willful misconduct (of the Agent as determined by a final and non-appealable judgment of a court of competent jurisdiction in a final non-appealable judgment)jurisdiction. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Credit Party's ’s obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously thereof, except with respect to Collateral in its possession or with under its control, in the case of gross (not mere) negligence, bad faith negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgmentjudgment which is no longer appealable). Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Loan Party's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless directly caused maliciously by the Agent's or with gross (not mere) negligence, bad faith or any Lender's willful misconduct (or gross negligence as finally determined by a court of competent jurisdiction in a final non-appealable judgment)jurisdiction. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Credit Loan Party's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender Party as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender Party be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously thereof, except to the extent such shortage, discrepancy, damage, loss or with destruction is determined to have resulted primarily from Agent’s or any Lender Party’s gross (not mere) negligence, bad faith negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment)misconduct. Neither Agent nor any LenderLender Party shall, whether by anything herein or in any assignment or otherwise, assume any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such LenderLender Party, and neither Agent nor any Lender Party shall be responsible in any way for the performance by any Credit Party Loan Parties of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless (other than caused maliciously by Agent’s or with any Lender’s gross (not mere) negligence, bad faith negligence or willful misconduct (misconduct, as determined by pursuant to a final, non-appealable order of a court of competent jurisdiction in a final non-appealable judgmentjurisdiction). Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume assumes any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such Lenderwhich it is a party, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously or with absent gross (not mere) negligence, bad faith negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment). Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Party's agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously or with gross (not mere) negligence, bad faith or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment). Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, shall assume any of any Credit Party's obligations under any contract or agreement assigned to Agent or such Lender, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any the Lender as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any the Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless (other than caused maliciously or with by the Lender’s gross (not mere) negligence, bad faith negligence or willful misconduct (misconduct, as determined by pursuant to a final, non-appealable order of a court of competent jurisdiction in a final non-appealable judgmentjurisdiction). Neither Agent nor any The Lender, whether by anything herein or in any assignment or otherwise, does not assume any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such Lenderwhich it is a party, and neither Agent nor any the Lender shall not be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.

Exculpation of Liability. Nothing herein contained shall be construed to constitute Agent or any Lender as any Credit Loan Party's ’s agent for any purpose whatsoever, nor shall Agent or any Lender be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof unless caused maliciously thereof, except with respect to Agent’s or with such Lender’s gross (not mere) negligence, bad faith negligence or willful misconduct (as determined by a final and non-appealable order of a court of competent jurisdiction in a final non-appealable judgment)jurisdiction. Neither Agent nor any Lender, whether by anything herein or in any assignment or otherwise, assume assumes any of any Credit Loan Party's ’s obligations under any contract or agreement assigned to Agent or such Lenderwhich it is a party, and neither Agent nor any Lender shall be responsible in any way for the performance by any Credit Loan Party of any of the terms and conditions thereof.