Common use of Not Liable for Actions Clause in Contracts

Not Liable for Actions. The Collateral Agent shall not be liable for any action taken or omitted by it except to the extent that a court of competent jurisdiction determines that the Collateral Agent’s gross negligence or willful misconduct was the primary cause of any loss to the Pledgors. Notwithstanding any other term or provision of this Agreement to the contrary, the Collateral Agent shall not be liable under any circumstances for special, punitive, indirect or consequential loss or damage of any kind whatsoever including but not limited to loss of profits, regardless of whether the claim for such loss or damage is made in negligence, for breach of contract, breach of trust, breach of fiduciary obligation or otherwise. The provisions of this Section shall survive the termination or expiration of this Agreement or the resignation or removal of the Collateral Agent.

Not Liable for Actions. The Collateral Agent Pledgees shall not be liable for any action taken or omitted by it except to the extent that a court of competent jurisdiction determines that the Collateral Agentany Pledgee’s gross negligence or willful misconduct was the primary cause of any loss to the PledgorsPledgor. Notwithstanding any other term or provision of this Agreement to the contrary, the Collateral Agent no Pledgee shall not be liable under any circumstances for special, punitive, indirect or consequential loss or damage of any kind whatsoever including but not limited to loss of profits, regardless of whether the claim for such loss or damage is made in negligence, for breach of contract, breach of trust, breach of fiduciary obligation or otherwise. The provisions of this Section shall survive the termination or expiration of this Agreement or the resignation or removal of the Collateral AgentPledgees.

Not Liable for Actions. The Collateral Agent shall not be liable for any action taken or omitted by it except to the extent that a court of competent jurisdiction determines that the Collateral Agent’s gross negligence or willful misconduct default was the primary cause of any loss to the Pledgors. Notwithstanding any other term or provision of this Agreement to the contrary, the Collateral Agent shall not be liable under any circumstances for special, punitive, indirect or consequential loss or damage of any kind whatsoever including but not limited to loss of profits, regardless of whether the claim for such loss or damage is made in negligence, for breach of contract, breach of trust, breach of fiduciary obligation or otherwise. The provisions of this Section shall survive the termination or expiration of this Agreement or the resignation or removal of the Collateral Agent.

Not Liable for Actions. The Collateral Agent Pledgee shall not be liable for any action taken or omitted by it except to the extent that a court of competent jurisdiction determines that the Collateral AgentPledgee’s gross negligence or willful misconduct was the primary cause of any loss to the PledgorsPledgor. Notwithstanding any other term or provision of this Agreement to the contrary, the Collateral Agent Pledgee shall not be liable under any circumstances for special, punitive, indirect or consequential loss or damage of any kind whatsoever including but not limited to loss of profits, regardless of whether the claim for such loss or damage is made in negligence, for breach of contract, breach of trust, breach of fiduciary obligation or otherwise. The provisions of this Section shall survive the termination or expiration of this Agreement or the resignation or removal of the Collateral AgentPledgee.