Limits of Bank’s Liability. Bank will not be liable to Company (debtor) for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from Bank’s acts or omissions constituting gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Deposit Account Control Agreement, Deposit Account Control Agreement
Limits of Bank’s Liability. Bank will not be liable to Company (debtor) Debtor or Secured Party for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from Bank’s its acts or omissions constituting gross negligence or willful intentional misconduct.
Appears in 2 contracts
Samples: Control Agreement for Deposit Account, Deposit Account Control Agreement (Daca)
Limits of Bank’s Liability. Bank will not be liable to Company (debtor) or Lender for any expense, claim, loss, damage or cost (“Damages”) arising out of or relating to its performance under this Agreement other than those Damages which result directly from Bank’s its acts or omissions constituting gross negligence or willful intentional misconduct.
Appears in 1 contract
Samples: Master Reaffirmation Agreement (Zoe's Kitchen, Inc.)
