Manager’s Liability. Except to the extent specifically imposed by the Delaware Act, no Manager shall have any liability to the Company or any Member for any act or failure to act by said Manager or any consequences resulting directly or indirectly therefrom, it being understood, and it is hereby intended, that the duties (including fiduciary duties) and liabilities of the Manager to the Company or to another Member or any other person is hereby restricted to the fullest extent permitted by the Delaware Act.
Manager’s Liability. Manager assumes no liability whatsoever for any acts or omissions of Owner, or any previous or subsequent owners or managers of the Property, or any agents or any previous or subsequent agents of either. Manager assumes no liability for any failure of, or default by, any tenant in the payment of any rent or other charges due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to any lease or otherwise. Manager assumes no liability for violations of environmental or other building-regulations other than (i) to exercise its best reasonable efforts to comply with such regulations, and (ii) to promptly notify Owner of violations or hazards discovered. It is understood that Manager shall not be obligated to initiate a process of discovery requiring environmental testing or inspections not normally performed in the routine operation of the Property, unless specifically requested to do so by Owner in writing and at Owner’s expense. Manager assumes no responsibility or liability for the provision of security services or devices other than to supervise such contractor(s) providing security services for the Property. In the event that Manager engages security services or installs or changes security devices at the Property, Owner assumes any and all responsibility and liability for such services or devices and Owner shall indemnify, defend and hold harmless Manager, its principals and employees from and against any and all losses, costs, expenses, claims and liabilities, arising out of the provision of any security services or any security devices at the Property.
Manager’s Liability. Manager shall not be liable to Resident, or Resident’s family, agents, guests or invitees, for any damages or losses to person or property caused by other Residents of the Apartment Complex or other persons. Resident agrees to indemnify and hold Manager harmless from and against any and all claims for damages to property or damage or loss of Resident’s personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rain storm, smoke, explosion, sonic boom or other causes whatsoever unless the same is due to the active negligence of Manager. Resident hereby agrees that Resident is to obtain and maintain renter’s insurance with loss limits of not less than $10,000.00, for the entire term of the lease to insure for liability for personal injury and property damage, and for loss of personal property brought onto the Apartment by Resident, and/or Resident’s family or guests. Failure to obtain this insurance is a breach of this Lease and Resident acknowledges that any injury within the Apartment or damage or loss to personal property is the responsibility of Resident. If any of Manager’s employees and/or agents are requested to render any services such as moving automobiles, handling of furniture, cleaning, signing for or delivering packages, or any other services not contemplated in this Lease, and such services are in fact rendered, such employee and/or agent shall be deemed an agent of Resident regardless of whether payment is arranged for such service, and Resident agrees to indemnify and hold Manager harmless from any and all loss(es) suffered by Resident or other person(s) in any of these circumstances.
Manager’s Liability. 1. Manager's recommendations are based upon its professional judgment. Manager does not represent or guarantee the results of any investment recommendation made on behalf of the Account. Manager, if acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the assets, or the acts and/or omissions of other professionals or third-party service providers selected on behalf of or recommended to Client by Manager, including a broker-dealer and/or custodian. If the Account contains only a portion of Client's total assets, Manager shall only be responsible for those assets that Client has designated to be the subject of Manager's investment management services under this Agreement without consideration to those additional assets not a part of the Account. Nothing herein shall constitute a waiver or limitation of any rights which Client may have under any federal securities laws. This Section shall survive termination of this Agreement.
Manager’s Liability. Without limiting the Manager's liability to the Company for any breach of or failure to perform its covenants and obligations hereunder, no Manager shall be liable under a judgment, decree or order of a court, or in any other manner for the Debts or any other obligations or liabilities of the Company solely by reason of being a manager of the Company. The Manager shall not have any personal liability for the repayment of any Capital Contributions of any Member.
Manager’s Liability. (a) The Manager shall not be liable under any judgment, decree or order of a court, or in any other manner, for any debt, obligation or liability of the Company.
(b) The Manager shall not be liable to the Company or to any Member for any loss or damage sustained by the Company or by any Member, unless the loss or damage is the result of any willful misconduct, breach of fiduciary duty, fraud or negligence of Alamo or Xxxxxx Xxxxx or any of Alamo’s Affiliates, principals, owners, officers, partners, employees or agents in connection with or arising out of the operation of the Company, the Leases or the Property. The parties intend this Section 3.10(b) to operate consistently with the provisions of Section 7.03.
Manager’s Liability. Manager shall be liable to Owner for all losses, damages, fines, penalties, costs and expenses, including attorneys’ fees and court costs, sustained or incurred by Owner by reason of or arising out of Manager’s breach of the duties and obligations required by this Agreement.
Manager’s Liability. The Manager shall not be liable for any loss or damage to the Public Park by the act, default or negligence of any third party (who is not an affiliate under clause 8 hereof) or which may arise otherwise than through negligence or willful default on the part of the Manager, employees, officers, agents and guests.
Manager’s Liability. 15.1 Manager shall not, in the performance of this Agreement, be liable to Owner or to any other person for any act or omission (negligent, tortious or otherwise) of any agent or employee of Owner or Manager, unless the same results from gross negligence or willful misconduct of the Manager or its officers, employees, or agents acting within the scope of their office, employment or agency, or the breach of this Agreement by Manager, and Owner agrees to indemnify and hold harmless Manager and its officers, agents and employees from and against any and all causes of action, claims, losses, costs, expenses, liabilities, damages or injuries (including legal fees and disbursements) that Manager, and its officers, agents and employees may directly or indirectly sustain, suffer or incur on account of any such act or omission of any agent or employee of Owner or Manager, unless the same results from gross negligence or willful misconduct of the Manager or its officers, employees, or agents, acting within the scope of their office, employment or agency, or the breach of this Agreement by Manager.
15.2 Notwithstanding any other provisions of this Agreement, in no event shall Owner make any claim against Manager, or its affiliates or subsidiaries, on account of any good faith interpretation by Manager of the provisions of this Agreement (even if such interpretation is later determined to be a breach of this Agreement) or any alleged errors in judgment made in good faith and in accordance with this Agreement in connection with the operation of the Properties hereunder by Manager or the performance of any advisory or technical services provided by or arranged by the Manager.
15.3 Owner shall not object to any expenditures made by Manager in good faith in the course of its management of the Properties or in settlement of any claim arising out of the operation of the Properties unless such expenditure is specifically prohibited by this Agreement. Subject to Section 5.20 hereof, all expenditures in excess of approved budget amounts are specifically prohibited, without limitation on other expenditures that may also be so prohibited.
Manager’s Liability. Manager shall not be personally liable for the return of all or any part of the contributions of the Members to the Company and any such return shall be made solely from Company Assets.
