-- LIABILITY OF CONVERSION CALCULATION AGENT. The Conversion Calculation Agent shall only be liable for making or not making adjustments, or taking or not taking, any other measures in connection with the Notes, if and to the extent that it fails to show the due care of a proper merchants. The Conversion Calculation Agent may, after prior consultation with the Issuer, engage the advice or services of any lawyers or other experts whose advice or services may to it seem necessary and may rely, after consultation with the Issuer, upon any advice so obtained and the Conversion Calculation Agent shall incur no liabilities as against the Issuer or the Noteholders in respect of any action taken or suffered to be taken, in accordance with such advice and good faith.
-- LIABILITY OF CONVERSION CALCULATION AGENT. The liability of the Conversion Calculation Agent shall be limited to wilful misconduct, fraud and negligence. In no event shall the Conversion Calculation Agent have any liability for special, indirect, punitive or consequential losses or damages of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Conversion Calculation Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.
