Common use of Liability of the General Partner Clause in Contracts

Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor of the General Partner, nor any of their respective officers and directors, shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisor, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 81 contracts

Samples: Advisory Agreement, Registration Rights Agreement (American Realty Capital Hospitality Trust, Inc.), Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.)

AutoNDA by SimpleDocs

Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor of the General PartnerBusiness Manager, nor any of their respective officers and directors, shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisorthe Business Manager, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 7 contracts

Samples: Agreement (Inland Residential Properties Trust, Inc.), Agreement (Inland Residential Properties Trust, Inc.), Inland Residential Properties Trust, Inc.

Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor none of the General Partner, the Company, nor any of their respective officers and directors, officers, agents or employees shall be liable for or accountable in monetary damages or otherwise to the Partnership, any Partners or any Assignees for losses sustained or sustained, liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisor, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 4 contracts

Samples: Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Cole Real Estate Income Strategy (Daily Nav), Inc., Cole Real Estate Income Strategy (Daily Nav), Inc.

Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor of the General Partner, Partner nor any of their respective officers and directors, shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisor, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 3 contracts

Samples: Lightstone Value Plus Real Estate Investment Trust III, Inc., Lightstone Real Estate Income Trust Inc., Lightstone Value Plus Real Estate Investment Trust III, Inc.

Liability of the General Partner. (a) A. Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor none of the General Partner, the Company, nor any of their respective officers and directors, officers, agents or employees shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisor, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 2 contracts

Samples: Agreement (DiamondRock Hospitality Co), Agreement (DiamondRock Hospitality Co)

AutoNDA by SimpleDocs

Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor of the General Partner, Manager nor any of their respective officers and directors, shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisorthe Manager, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 2 contracts

Samples: Form of Agreement (NY Residential REIT, LLC), NY Residential REIT, LLC

Liability of the General Partner. (a) Notwithstanding anything to the contrary set forth in this Agreement, neither the General Partner nor the investment advisor of the General Partner, Advisor nor any of their respective officers and directors, shall be liable for monetary damages to the Partnership, any Partners or any Assignees for losses sustained or liabilities incurred as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner or its investment advisorthe Advisor, as the case may be, acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

Appears in 2 contracts

Samples: Agreement (HappyNest REIT, Inc.), HappyNest REIT, Inc.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!