No liability to Company. Subject to Clause 4.7, the Scottish Ministers shall not be liable to the Company in contract, delict (including negligence or breach of statutory duty), statute or otherwise as a result of:
4.5.1 any inaccuracy, omission, unfitness for any purpose or inadequacy of any kind whatsoever in the Disclosed Data (subject to Clause 7.1); or
4.5.2 any failure to make available to the Company any materials, documents, drawings, plans or other information relating to the Project.
No liability to Company. A Member shall not have any monetary liability to the Company or any of its Members for breach of any duty under Section 404 of the Act (relating to Member duties and liabilities in managing the Company) except for liability for any of the following:
(a) The receipt of a financial benefit to which the Member is not entitled.
(b) Liability under Section 308 of the Act for voting for or assenting to a distribution in violation of this Operating Agreement or the Act.
(c) A knowing violation of the law.
(d) A breach of the duty of loyalty.
No liability to Company. Subject to Clause 4.7 the Contracting Authority shall not be liable to the Company in contract, delict (including negligence or breach of statutory duty), statute or otherwise as a result of:
4.5.1 any inaccuracy, omission, unfitness for any purpose or inadequacy of any kind whatsoever in the Disclosed Data (subject to Clause 7.1); or
4.5.2 any failure to make available to the Company any materials, documents, drawings, plans or other information relating to the Project.
