Common use of Limitations on the Manager’s Liabilities, Duties and Responsibilities Clause in Contracts

Limitations on the Manager’s Liabilities, Duties and Responsibilities. Subject to Section 2.7 and except for any loss, liability, expense, damage, action, suit or injury arising out of, or resulting from, (i) any breach or default by the Manager in the observance or performance of any of its agreements contained in this Agreement or any other Transaction Document to which it is a party in its capacity as Manager, (ii) the breach by the Manager of any representation, warranty or covenant made by it herein or any other Transaction Document to which it is a party in its capacity as Manager or (iii) acts or omissions constituting the Manager’s own bad faith, negligence or willful misconduct, in the performance of its duties hereunder or under the other Transaction Documents to which it is a party in its capacity as Manager, neither the Manager nor any of its Affiliates, managers, officers, members or employees shall be liable to any Service Recipient, the Noteholders or any other Person under any circumstances, including, without limitation:

Appears in 4 contracts

Samples: Canadian Management Agreement (Driven Brands Holdings Inc.), Management Agreement (Driven Brands Holdings Inc.), Management Agreement (Driven Brands Holdings Inc.)

AutoNDA by SimpleDocs

Limitations on the Manager’s Liabilities, Duties and Responsibilities. Subject to Section 2.7 and except for any loss, liability, expense, damage, action, suit or injury arising out of, or resulting from, (i) any breach or default by the Manager in the observance or performance of any of its agreements contained in this Agreement or any other Transaction Document to which it is a party in its capacity as Manager, (ii) the breach by the Manager of any representation, warranty or covenant made by it herein or any other Transaction Document to which it is a party in its capacity as Manager or (iii) acts or omissions constituting the Manager’s own bad faith, gross negligence or willful misconduct, misconduct in the performance of its duties hereunder or under the other Transaction Documents to which it is a party in its capacity as Manager, neither the Manager nor any of its Affiliates, managers, officers, members or employees shall be liable to any Service RecipientSecuritization Entity, the Noteholders or any other Person under any circumstances, including, without limitation:

Appears in 2 contracts

Samples: Management Agreement, Management Agreement (Wingstop Inc.)

AutoNDA by SimpleDocs

Limitations on the Manager’s Liabilities, Duties and Responsibilities. Subject to Section 2.7 and except for any loss, liability, expense, damage, action, suit or injury arising out of, or resulting from, (i) any breach or default by the Manager in the observance or performance of any of its agreements contained in this Agreement or any other Transaction Related Document to which it is a party in its capacity as Manager, (ii) the breach by the Manager of any representation, warranty or covenant made by it herein or in any other Transaction Related Document to which it is a party in its capacity as Manager or (iii) acts or omissions constituting the Manager’s own bad faith, negligence or willful misconduct, in the performance of its duties hereunder or under the any other Transaction Related Documents to which it is a party in its capacity as Manager, neither the Manager nor any of its AffiliatesAffiliates (other than any Securitization Entity), managers, officers, members or employees shall be liable to any Service RecipientSecuritization Entity, the Noteholders or any other Person under any circumstances, including, without limitation:

Appears in 1 contract

Samples: Management Agreement (Jack in the Box Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.