Liability Standard. Landlord shall not be liable to Tenant or any other individual or entity for any damage, loss or claim whatsoever, except damages, losses and claims that are the direct result of Landlord's gross negligence or willful misconduct; however, in no event shall Landlord be liable for consequential damages.
Liability Standard. Notwithstanding anything herein to the contrary, and in recognition of the fact that the Services to be performed and provided by Operator hereunder are to be furnished, performed and provided in exchange for the reimbursement provided for in the Accounting Procedures, Operator shall only be liable to Company for gross negligence or willful or wanton misconduct in the performance of its obligations hereunder, AND NEITHER OPERATOR NOR SUCH OF ITS AFFILIATES OR AGENTS AS IT SHALL APPOINT TO PERFORM DUTIES HEREUNDER OR THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES, SUCCESSORS, TRANSFEREES AND ASSIGNEES SHALL BE LIABLE TO COMPANY OR PERSONS WHO HAVE ACQUIRED INTERESTS IN COMPANY, WHETHER AS PARTNERS, ASSIGNEES OR OTHERWISE, FOR ERRORS IN JUDGMENT OR FOR ANY ACTS OR OMISSIONS THAT DO NOT CONSTITUTE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT, IT BEING THE INTENTION OF THE PARTIES THAT NEITHER OPERATOR NOR SUCH OF ITS AFFILIATES OR AGENTS AS IT SHALL APPOINT TO PERFORM DUTIES HEREUNDER OR THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES, SUCCESSORS, TRANSFEREES AND ASSIGNEES SHALL BE LIABLE FOR THEIR OWN NEGLIGENCE (SOLE, PARTIAL OR CONCURRENT).
Liability Standard. Notwithstanding anything herein to the contrary, and in recognition of the fact that the Services to be performed and provided by Operator hereunder are to be furnished, performed and provided in exchange for the reimbursement provided for in the Accounting Procedures, Operator shall only be liable to Company for gross negligence or willful or wanton misconduct in the performance of its obligations hereunder, AND NEITHER
Liability Standard. Notwithstanding anything herein to the contrary, Operator shall only be liable to Carrier for gross negligence or willful or wanton misconduct in the performance of its obligations hereunder, AND NEITHER OPERATOR NOR SUCH OF ITS AFFILIATES OR
Liability Standard. Except with respect to liabilities for Taxes or, in the case of Seller, any incremental fees or penalties incurred by Purchaser under an Assigned Partner Agreement due to actions of Seller or its Affiliates under this Agreement, no Party shall have any liability of any kind under this Agreement (pursuant to Article V or otherwise) except to the extent that such liabilities or Losses arise out of such Party or any of its Affiliates’ own negligence, gross negligence, fraud or willful misconduct.
Liability Standard. Notwithstanding anything herein to the contrary, Holdings shall only be liable to Operator for gross negligence or willful or wanton misconduct in the performance of its obligations hereunder, AND NEITHER HOLDINGS NOR SUCH OF ITS AFFILIATES OR AGENTS AS IT SHALL APPOINT TO PERFORM DUTIES HEREUNDER OR THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES, SUCCESSORS, TRANSFEREES AND ASSIGNEES (EACH, A “HOLDINGS INDEMNIFIED PARTY” AND COLLECTIVELY, THE “HOLDINGS INDEMNIFIED PARTIES”) SHALL BE LIABLE TO OPERATOR OR PERSONS WHO HAVE ACQUIRED INTERESTS IN OPERATOR, WHETHER AS PARTNERS, ASSIGNEES OR OTHERWISE, FOR ERRORS IN JUDGMENT OR -F 7-
Liability Standard. All obligations of the Trust and DTUENY under this Agreement are, and for all purposes shall be deemed to be, joint and several obligations.
Liability Standard. In no event shall Tenant be liable for consequential damages, except those resulting from a breach by Tenant of any of its obligations under Sections 21 or 36 hereof.
Liability Standard. In no event shall Landlord be liable for consequential damages, except to the extent specifically provided in Section 2.F.(3) hereof.
Liability Standard. The Landlord shall only be liable (“Liability Standard”) for damage caused to the Tenant, its employees, agents, suppliers, customers and other representatives to the extent that the Landlord:
a. has caused such damage as a result of wrongful intent or gross negligence; or
b. has caused injury to life, body, or health; or
c. is in breach of an essential contractual obligation (Kardinalpflicht) or of an repreentation and warranty pursuant to Section 7 hereof; or
d. is liable according to compulsory law.
