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

Limitation on Liability of the Company. Subject to -------------------------------------- Sections 6.01 and 10.19, neither the Company nor any of their respective ------------- ----- directors or officers or employees or agents shall be under any liability to the Trust, the Trustee, the Holders or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement 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 -------- -------- the Company against any liability which would otherwise be imposed by reason of willful misconduct, bad faith 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. Subject to -------------------------------------- Sections 6.01 36.1 and 10.1936.11, neither the Company nor any of their respective ------------- ----- directors managers or officers or employees or agents shall be under any liability to the TrustCollateral Agent, the TrusteeLenders, the Holders 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 -------- -------- the Company against any liability which would otherwise be imposed by reason of willful misconduct, bad faith 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. Subject to -------------------------------------- Sections 6.01 and 10.19, neither the Company nor any of their respective ------------- ----- directors or officers or employees or agents shall be under any liability to the Trust, the Trustee, the Holders or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement 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 -------- -------- the Company against any liability which would otherwise be imposed by reason of willful misconduct, bad faith or gross negligence in the performance of any duties or by reason of reckless disregard of any obligations and duties hereunder.