Lender Liability. The Bank shall not be liable for any loss sustained by any party resulting from any action, omission, or failure to act by the Bank, whether with respect to the exercise or enforcement of the Bank's rights or remedies under the Loan Documents, the Loan, or otherwise, unless such loss is caused by the actual willful misconduct of the Bank conducted in bad faith. IN NO EVENT SHALL THE BANK EVER BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY RIGHT OR CLAIM THERETO BEING EXPRESSLY AND UNCONDITIONALLY WAIVED.
Lender Liability. No Lender, or any of its officers, directors, employees, agents, or counsel shall be liable for any action lawfully taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own respective gross negligence or willful misconduct.
Lender Liability. The existence of any legal protection for the INSURED against liability of any kind whatsoever in connection with POLLUTION CONDITIONS, including but not limited to the secured creditor exemption in Section 9601(2) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601 et seq., shall in no way affect the rights of the INSURED under this Policy. Any failure of the INSURED to qualify for such protection shall not in and of itself trigger Exclusion IV.E or in any other way affect the rights of the INSURED under this Policy.
Lender Liability. NMHG hereby agrees to indemnify, save and keep harmless NFS, its respective agents, employees, successors and assigns from and against any and all losses, damages, penalties, injuries, claims, actions and suits, including legal expenses and outside attorneys’ fees, of whatsoever kind and nature, in contract or tort (collectively, “Losses”) arising out of or in connection with (i) any decision or recommendation by NMHG to limit, terminate or otherwise modify any Dealer’s Credit Line, (ii) any decision or recommendation by NMHG to the effect that NFS should not enter into any Wholesale Account with any Dealer, (iii) any refusal by NFS to enter into any Wholesale Account with any Dealer by reason of NMHG’s termination of the recourse set forth in Article II above with respect to such Dealer’s obligations, or (iv) any termination or other modification of any Dealer’s franchise by NMHG.
Lender Liability. The Lender shall not be liable for any loss sustained by any party resulting from any action, omission, or failure to act by the Lender, whether with respect to the exercise or enforcement of the Lender's rights or remedies under the Loan Documents, the Credit Line Loan, or otherwise, unless such loss is caused by the actual willful misconduct of the Lender conducted in bad faith. IN NO EVENT SHALL THE LENDER EVER BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY RIGHT OR CLAIM THERETO BEING EXPRESSLY AND UNCONDITIONALLY WAIVED.
Lender Liability. The existence of any legal protection for the INSURED against liability of any kind whatsoever in connection with POLLUTION CONDITIONS, including but not limited to the secured creditor exemption in Section 9601(2) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601 et seq., shall in no way affect the rights of Copyright, American International Group, Inc., 2000 14 the INSURED under this Policy. Any failure of the INSURED to qualify for such protection shall not in and of itself trigger Exclusion IV.E or in any other way affect the rights of the INSURED under this Policy. Copyright, American International Group, Inc., 2000 15
Lender Liability. (a) The duties, warranties, covenants and promises arising from the Loan Documents of each Lender to Borrower shall be several and not joint, and the Borrower shall have no legal or equitable cause of action against one Lender (or its successors or assigns) for any liability of the other Lender (or its successors or assigns)
Lender Liability. The Lender shall not be liable for any loss sustained by any party resulting from any action, omission, or failure to act by the Lender, whether with respect to the exercise or enforcement of the Lender's rights or remedies under the Loan Documents, the Loan, or otherwise, unless such loss is caused by the actual willful misconduct of the Lender conducted in bad faith. Notwithstanding anything to the contrary stated herein, the Lender will not be liable for consequential, incidental, special, indirect or punitive damages, including lost revenues or profits or personal injury or property damage, resulting from any breach of this agreement or any of the other loan documents even if the lender knew or should have known of the possibility thereof.
Lender Liability. (a) Number of cases impose liability on lenders, often as a result of exercising "control" over borrower
(1) taking actions indicating "ownership" such as exercising voting power, selecting or dismissing management
(2) taking actions usually reserved to management, such as financial decisions, taking control of or operating borrower's properties
(3) monitoring and advising insufficient
(4) if lender exercises "control" will be held to higher standard and may be viewed as a fiduciary
Lender Liability. As long as Mortgagee (including its nominee, designee, or other successor or assign of any such Mortgagee) is acting as a secured lender, the liability of Mortgagee (including any nominee, designee or other successor or assign of any such Mortgagee) shall not exceed the value of such lender’s interest in the Property and this Lease.
