Common use of Limitation on Liability of the Primary Servicer and Others Clause in Contracts

Limitation on Liability of the Primary Servicer and Others. Neither the Primary Servicer nor any Affiliates, directors, officers, employees, members, managers, representatives or agents of the Primary Servicer (the “Primary Servicer Parties”) will be under any liability to the Master Servicer for any action taken, or for refraining from the taking of any action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Primary Servicer Parties against any breach of warranties or representations made herein, or against any liability that would otherwise be imposed on the Primary Servicer by reason of its willful misconduct, bad faith, fraud or negligence (or by reason of any specific liability imposed hereunder for a breach of the Servicing

Appears in 5 contracts

Samples: Primary Servicing Agreement (GS Mortgage Securities Trust 2015-Gs1), Primary Servicing Agreement (CFCRE 2016-C6 Mortgage Trust), Primary Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-C1)

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