Common use of Limitation on Liability of the Company Clause in Contracts

Limitation on Liability of the Company. (a) Subject to Sections 37.1 and 37.11, none of the members, independent managers, managing members, directors, officers, employees or agents of the Company shall be under any liability to the Collateral Agent, the Lenders, the other Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or any other Transaction Document whether or not such action or inaction arises from express or implied duties under any Transaction Document; provided, however, that this provision shall not protect such Persons against any liability which would otherwise be imposed by reason of willful misconduct, bad faith fraud or gross negligence in the performance of any duties or by reason of reckless disregard of any obligations and duties hereunder

Limitation on Liability of the Company. (a) Subject to -------------------------------------- Sections 37.1 6.01 and 37.1110.19, none neither the Company nor any of the members, independent managers, managing members, directors, officers, their respective ------------- ----- directors or officers or employees or agents of the Company shall be under any liability to the Collateral AgentTrust, the LendersTrustee, the other Secured Parties Holders or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or any other Transaction Document whether or not such action or inaction arises from express or implied duties under any Transaction Document; provided, however, that this provision shall not protect such Persons -------- -------- the Company against any liability which would otherwise be imposed by reason of willful misconduct, bad faith fraud or gross negligence in the performance of any duties or by reason of reckless disregard of any obligations and duties hereunder.

Limitation on Liability of the Company. (a) Subject to Sections 37.1 36.1 and 37.1136.11, none neither the Company nor any of the members, independent managers, managing members, directors, officers, their respective managers or officers or employees or agents of the Company shall be under any liability to the Collateral Agent, the Lenders, the other Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or any other Transaction Document whether or not such action or inaction arises from express or implied duties under any Transaction Document; provided, however, that this provision shall not protect such Persons the Company against any liability which would otherwise be imposed by reason of willful misconduct, bad faith fraud or gross negligence in the performance of any duties or by reason of reckless disregard of any obligations and duties hereunder.