Common use of Limited Liability of a Provider Clause in Contracts

Limited Liability of a Provider. Notwithstanding the provisions of Section 5.1, none of Management Services, any other member of the CCU Group, their respective Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will not extend to or otherwise limit any Liabilities that have resulted directly from such Provider Indemnified Party’s (a) gross negligence or willful misconduct, (b) improper use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, or (c) violation of applicable Law.

Appears in 2 contracts

Samples: Transition Services Agreement (CCE Spinco, Inc.), Transition Services Agreement (CCE Spinco, Inc.)

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Limited Liability of a Provider. Notwithstanding the provisions of Section 5.16.1, none of Management Services, any other member members of the CCU Group, their respective Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will not extend to or otherwise limit any Liabilities that have resulted directly from such Provider Indemnified Party’s (a) gross negligence or willful misconduct, (b) improper use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, Party or (c) violation of applicable Law.

Appears in 2 contracts

Samples: Corporate Services Agreement (Clear Channel Outdoor Holdings, Inc.), Corporate Services Agreement (Clear Channel Outdoor Holdings, Inc.)

Limited Liability of a Provider. Notwithstanding the provisions of Section 5.16.1, none of Management Services, any other no member of the CCU a Provider Group, their its respective Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will not extend to or otherwise limit any Liabilities that have resulted directly from such Provider Indemnified Party’s (a) gross negligence or willful misconduct, (b) improper subject to the provisions of the Amended and Restated Certificate of Incorporation, prohibited use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, Party or (c) violation of applicable Law.

Appears in 1 contract

Samples: Corporate Services Agreement (Cal Dive International, Inc.)

Limited Liability of a Provider. Notwithstanding the provisions of Section 5.16.1, none of Management Servicesno Provider, any other member members of the CCU Provider Group, their respective Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will not extend to or otherwise limit any Liabilities Losses that have resulted directly from such Provider Indemnified Party’s (a) gross negligence or willful misconduct, (b) improper use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, Party or (c) violation of applicable Law.

Appears in 1 contract

Samples: Corporate Services Agreement (Alon Brands, Inc.)

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Limited Liability of a Provider. Notwithstanding the provisions of Section 5.16.1, none of Management Services, any other no member of the CCU a Provider Group, their respective Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will not extend to or otherwise limit any Liabilities that have resulted directly from such Provider Indemnified Party’s (a) gross negligence or willful misconduct, (b) improper use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, Party or (c) violation of applicable Law.

Appears in 1 contract

Samples: Corporate Services Agreement (Cal Dive International, Inc.)

Limited Liability of a Provider. Notwithstanding the provisions of Section 5.16.01, none of Management Services, any other member of the CCU Group, their respective no Provider or its Affiliates or any of their respective directors, officers or employees, or any of the heirs, executors, successors or assigns of any of the foregoing (each, a “Provider Indemnified Party”), will shall have any liability in contract, tort or otherwise, including for any such party’s ordinary or contributory negligence, otherwise to the Recipient or its Affiliates or Representatives for or in connection with (i) any Services rendered or to be rendered by any Provider Indemnified Party pursuant to this Agreement, (ii) the transactions contemplated by this Agreement, Agreement or (iii) any Provider Indemnified Party’s actions or inactions in connection with any such Services or transactions; provided, however, that such limitation on liability will shall not extend to or otherwise limit any Liabilities that have resulted directly from such Provider Indemnified Party’s (aA) gross negligence or willful misconduct, (bB) improper use or disclosure of information of, or regarding, a customer or potential customer of a Recipient Indemnified Party, Party (defined below) or (cC) violation of applicable Law.

Appears in 1 contract

Samples: Transition Services Agreement (Genworth Financial Inc)

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