Personal Liability; Non-recourse. This Agreement shall not create or be deemed to create or permit any personal liability or obligation on the part of any direct or indirect stockholder of the Seller or the Buyer or any officer, director, employee, Representative or investor of either party hereto. No past, present or future director, officer, employee, incorporator, member, partner, stockholder, affiliate, agent, attorney, advisor or other Representative of any party, or affiliate of any of the foregoing (excluding the Buyer or the Seller), shall have any liability (whether in contract, tort, equity or otherwise) for any one or more of the representations, warranties, covenants, agreements or other obligations or liabilities under this Agreement (whether for indemnification or otherwise) or of or for any claim based on, arising out of or related to this Agreement. Notwithstanding the foregoing, nothing in this Section 10.17 or otherwise contained in this Agreement shall limit or eliminate, or be construed in any manner or deemed to affect, limit, modify or waive, in any respect, (a) the liability of any Person pursuant to the terms and conditions of any other agreements or documents entered into in connection with this Agreement to which such Person may be party, (b) any party’s available remedies in the event of any Fraud committed by another party or its Affiliates or (c) any of the Buyer’s rights or remedies pursuant to the R&W Insurance Policy.
Personal Liability; Non-recourse. This Agreement shall not create or be deemed to create or permit any personal liability or obligation on the part of any direct or indirect equity holder of Sellers or Buyer or any officer, director, employee, representative, investor, lender (or agent thereof) of either party hereto. In furtherance of the foregoing, Buyer agrees that no past, present or future director, officer, employee, incorporator, member, partner, stockholder, lender (or agent thereof), Affiliate, agent, attorney or representative of Sellers or any of its Affiliates shall have any liability (whether in contract or in tort) for any obligations or liabilities of Sellers arising under, in connection with or related to this Agreement or for any claim based on, in respect of, or by reason of, the Transactions, including any alleged non-disclosure or misrepresentations made by Sellers.
Personal Liability; Non-recourse. This Agreement shall not create or be deemed to create or permit any personal liability or obligation on the part of any direct or indirect stockholder of the Sellers or the Buyers or any officer, director, employee, Representative or investor of any Party hereto. The Sellers covenant, agree and acknowledge that, except for the express obligations of the Commitment Parties and any Permitted Commitment Party Assignee under the Commitment Letters and the obligations of Buyer under this Agreement and any Ancillary Agreement, in each case on the terms and subject to the conditions set forth herein and therein, no Commitment Party Related Person has any obligation under the Commitment Letters, this Agreement or any document or instrument delivered in connection herewith or therewith or the transactions contemplated hereby or thereby and, notwithstanding that a Commitment Party may be a partnership or limited liability company, no recourse under the Commitment Letters, this Agreement or any document or instrument delivered in connection herewith or therewith or in connection with the transactions contemplated hereby or thereby shall be had against any Commitment Party Related Person, as such, whether by the enforcement of any assessment or by any legal or equitable proceeding, or by virtue of any statute, regulation or other applicable Law, it being expressly agreed and acknowledged that no personal liability whatsoever shall attach to, be imposed on or otherwise be incurred by any Commitment Party Related Person, as such, for any obligations of the Commitment Parties under the Commitment Letters or of Buyer under this Agreement or any documents or instruments delivered in connection herewith or therewith or in connection with the transactions contemplated hereby or thereby, or for any claim based on, in respect of, or by reason of such obligation or their creation. For purposes of this Agreement, "Commitment Party Related Person" means (i) any Permitted Commitment Party Assignee (as defined in the respective Commitment Letter), (ii) any former, current or future director, officer, employee, agent, general or limited partner, manager, member, shareholder or Affiliate of a Commitment Party or any Permitted Commitment Party Assignee or (iii) any former, current or future director, officer, employee, agent, general or limited partner, manager, member, shareholder, or Affiliate of any of the Persons referred to in clause (ii) above.
Personal Liability; Non-recourse. This Agreement shall not create or be deemed to create or permit any personal liability or obligation on the part of any direct or indirect stockholder of the Sellers or the Buyers or any officer, director, employee, Representative or investor of any Party hereto. The Sellers covenant, agree and acknowledge that, except for the express obligations of the Commitment Parties and any Permitted Commitment Party Assignee under the Commitment Letters and the obligations of Buyer under this Agreement and any Ancillary Agreement, in each case on the terms and subject to the conditions set forth herein and therein, no Commitment Party Related Person has any obligation under the Commitment Letters, this Agreement or any document or instrument delivered in
