Liability Generally. Neither the Collateral Agent, the Purchase Money Notes Guarantor nor any other Secured Party nor any of their respective Affiliates, nor any of their respective officers, directors, employees, partners, principals or agents, including the Servicer and any subservicer, shall be liable for any action taken or omitted to be taken by them or any one of them under this Agreement or in connection with any Collateral or any portion thereof, except for any act or omission constituting gross negligence, bad faith or willful misconduct (including any act or omission constituting theft, embezzlement, breach of trust or violation of any Law). In the event the Collateral Agent, the Purchase Money Notes Guarantor or any Secured Party exercises its rights pursuant to Article 5 of this Agreement, none of the Collateral Agent, the Purchase Money Notes Guarantor or any Secured Party, nor any of their respective Affiliates, nor any of their respective officers, directors, employees, partners, principals or agents, including the Servicer and any subservicer when acting as an agent of any of the foregoing, shall be liable for any action taken or omitted to be taken by them or any one of them pursuant to this Agreement or in connection with any Collateral or any portion thereof, except for any act or omission constituting willful misconduct.
Liability Generally. Subject to the specific provisions of this Section 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in Section 17.1.1.
Liability Generally. Subject to the specific provisions of this SECTION 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in SECTION 18.1.2.
Liability Generally. 12.1 Except in the case of death or personal injury, proved to be caused by the negligence of Sandside Lodge School, The Responsible Body shall not be liable to the hirer in contract, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature incurred by the hirer.
Liability Generally. The Delaware Trustee shall be entitled to all of the same rights, protections, indemnities and immunities under this Declaration and with respect to the Trust as the Board of Trustees. No amendment or waiver of any provision of this Declaration which adversely affects the Delaware Trustee shall be effective against it without its prior written consent. The Delaware Trustee shall not be liable for supervising or monitoring the performance and the duties and obligations of any other Person, including, without limitation, the Trustees, the Trust’s administrator or investment adviser or the Trust under this Declaration or any related document.
Liability Generally. Except in the case of death or personal injury caused by the negligence of the School or West Sussex County Council, neither the County Council nor the Governing Body of the School shall be liable to the Hirer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature incurred by the Hirer.
Liability Generally. Subject only to clause 16.2, the General Partner and its directors, officers, agents, employees and Affiliates shall not be liable, for damages or otherwise, and whether pursuant to this Agreement, in negligence or otherwise at law, to the Limited Partnership or any other Partner for any matter relating to the Limited Partnership, or any other act or omission of the General Partner with respect to the Limited Partnership.
Liability Generally. Neither party shall be responsible for special or consequential or incidental damages (including lost profits) of the other party arising out of such party's performance or non-performance of this Agreement or a Further Agreement, provided 12 that nothing herein shall limit a party's liability for damages (other than the exclusion of special, consequential or incidental damages), including costs of repair and remediation, to its or the other party's Site. Each party shall use all reasonable efforts to minimize its damages caused by the other party.
Liability Generally. The General Partner shall not be liable to the Limited Partners because any taxing authorities disallow or adjust any deductions or credits in the Partnership or a Limited Partner's income tax returns, nor shall the General Partner have any personal liability for the repayment of capital contributions of the Limited Partners except as provided in this Agreement. In addition, the General Partner shall not be liable, responsible or accountable in damages or otherwise to any of the Limited Partners or to the Partnership for any act or omission performed or omitted by it in good faith, and in the reasonable belief that such act or omission was within the scope and authority granted to it by this Agreement.
Liability Generally. 15.1 Except in the case of death or personal injury caused by the Supplier’s negligence, the Supplier’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sums paid to the Supplier under this Agreement.
