Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 165 contracts
Samples: Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2024-B), Account Control Agreement (Ford Credit Auto Lease Trust 2024-B), Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2024-B)
Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or gross negligence or (ii) breach of its representations and representations, warranties or covenants in this Agreement. The Financial Institution will not be liable for special, indirect indirect, punitive or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 41 contracts
Samples: Control Agreement (Verizon Master Trust), Control Agreement (Verizon Master Trust), Account Control Agreement (Verizon Master Trust)
Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and representations, warranties or covenants in this Agreement. The Financial Institution will not be liable for special, indirect indirect, punitive or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 16 contracts
Samples: Account Control Agreement (Verizon Owner Trust 2020-C), Control Agreement (Verizon Owner Trust 2020-C), Account Control Agreement (Verizon Owner Trust 2020-B)
