Common use of Liability for Certain Acts Clause in Contracts

Liability for Certain Acts. The Managers shall perform their managerial duties in good faith, in a manner reasonably believed to be in the best interests of the Company, and with such care and business judgment as an ordinarily prudent person in a like position would use under similar circumstances, including the reliance in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by the Managers, Members, officers, employees or committees of the Company or by any other person, as to matters the Managers reasonably believe are within such other person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. The Managers do not, in any way, guarantee the return of the Members’ Capital Contributions or a profit for the Members from the operations of the Company. The Managers who so perform the duties of the Managers shall not be personally liable to the Company or to any Member for any loss or damage sustained by the Company or any Member, unless (i) the Manager has breached or failed to perform the duties of its position under the Act, the Certificate or this Operating Agreement and (ii) the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness by the Manager. Nothing in this paragraph shall apply to the liability of a Manager pursuant to any criminal statute, or for the payment of taxes pursuant to federal, state or local law.

Liability for Certain Acts. The Managers shall perform their managerial duties in good faith, in a manner reasonably believed to be in the best interests of the Company, and with such care and business judgment as an ordinarily prudent person in a like position would use under similar circumstances, including the reliance in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by the ManagersManagement Committee, Members, officers, employees or committees of the Company or by any other person, as to matters the Managers Management Committee reasonably believe believes are within such other person’s 's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. The Managers do Management Committee does not, in any way, guarantee the return of the Members’ ' Capital Contributions or a profit for the Members from the operations of the Company. The Managers individuals who so perform the duties of the Managers Management Committee shall not be personally liable to the Company or to any Member for any loss or damage sustained by the Company or any Member, unless (i) the Manager has breached or failed to perform the duties of its his or her position under the Act, the Certificate or this Operating Agreement and (ii) the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness by the Manager. Nothing in this paragraph Section shall apply to the liability of a Manager pursuant to any criminal statute, or for the payment of taxes pursuant to federal, state or local applicable law.

Liability for Certain Acts. The Managers Manager shall perform their its managerial duties in good faith, in a manner reasonably believed to be in the best interests of the Company, and with such care and business judgment as an ordinarily prudent person in a like position would use under similar circumstances, including the reliance in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by the ManagersManager, Members, officers, employees or committees of the Company or by any other person, as to matters the Managers Manager reasonably believe are within such other person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. The Managers do Manager does not, in any way, guarantee the return of the Members’ Capital Contributions or a profit for the Members from the operations of the Company. The Managers Manager who so perform performs the duties of the Managers Manager shall not be personally liable to the Company or to any Member for any loss or damage sustained by the Company or any Member, unless (i) the Manager has breached or failed to perform the duties of its position under the Act, the Certificate or this Operating Agreement and (ii) the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness by the Manager. Nothing in this paragraph shall apply to the liability of a Manager pursuant to any criminal statute, or for the payment of taxes pursuant to federal, state or local law.

Liability for Certain Acts. The Managers officers shall perform their managerial duties in good faith, in a manner reasonably believed to be in the best interests of the Company, and with such care and business judgment as an ordinarily prudent person in a like position would use under similar circumstances, including the reliance in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by the Managers, MembersMember, officers, employees or committees of the Company or by any other person, as to matters the Managers Member or officers reasonably believe are within such other person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. The Managers officers do not, in any way, guarantee the return of the Members’ Capital Contributions Member’s capital contributions or a profit for the Members Member from the operations of the Company. The Managers officers who so perform the duties of the Managers officers as set forth herein shall not be personally liable to the Company or to any the Member for any loss or damage sustained by the Company or any the Member, unless (i) the Manager officer has breached or failed to perform the duties of its his or her position under the Act, the Certificate or this Operating Agreement and (ii) the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness by the Managersuch officer. Nothing in this paragraph shall apply to the liability of a Manager an officer pursuant to any criminal statute, or for the payment of taxes pursuant to federal, state or local law. Neither the Member nor any person bearing a title as an officer of the Company shall be obligated personally with respect to any debt, obligation or liability of the Company by reason of being a member, or acting as an officer, agent or otherwise on behalf of the Company.

Liability for Certain Acts. The Managers officers shall perform their managerial duties in good faith, in a manner reasonably believed to be in the best interests of the Company, and with such care and business judgment as an ordinarily prudent person in a like position would use under similar circumstances, including the reliance in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by the Managers, MembersMember, officers, employees or committees of the Company or by any other person, as to matters the Managers Member or officers reasonably believe are within such other person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. The Managers officers do not, in any way, guarantee the return of the Members’ Member’s Capital Contributions or a profit for the Members Member from the operations of the Company. The Managers officers who so perform the duties of the Managers officers as set forth herein shall not be personally liable to the Company or to any the Member for any loss or damage sustained by the Company or any the Member, unless (i) the Manager officer has breached or failed to perform the duties of its his or her position under the Act, the Certificate or this Operating Agreement and (ii) the breach or failure to perform constitutes self-dealing, willful misconduct or recklessness by the Managersuch officer. Nothing in this paragraph shall apply to the liability of a Manager an officer pursuant to any criminal statute, or for the payment of taxes pursuant to federal, state or local law.