Common use of Reliance by the Collateral Agent; Responsibility of the Collateral Agent Clause in Contracts

Reliance by the Collateral Agent; Responsibility of the Collateral Agent. (a) The Collateral Agent shall perform its duties hereunder in accordance with the standards followed by the Collateral Agent in dealing with similar property for its own account. Notwithstanding anything to the contrary in this Agreement or any other Transaction Document, neither the Collateral Agent nor any of its respective directors, officers, agents, representatives, employees, attorneys-in-fact or Affiliates shall be liable for any action taken or omitted to be taken by it or them (in their capacity as or on behalf of the Collateral Agent) under or in connection with this Agreement or the other Transaction Documents, except for its or their own gross negligence or willful misconduct, for which the Collateral Agent shall be liable. In no event shall the Collateral Agent, its directors, officers, agents or employees be liable, directly or indirectly, for any special, indirect, punitive or consequential damages.

Appears in 3 contracts

Samples: Collateral Agency Agreement (Horton D R Inc /De/), Collateral Agency Agreement (American Home Mortgage Investment Corp), Collateral Agency Agreement (American Home Mortgage Investment Corp)

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Reliance by the Collateral Agent; Responsibility of the Collateral Agent. (a) The Collateral Agent shall perform its duties hereunder in accordance with the standards followed by the Collateral Agent in dealing with similar property for its own account. Notwithstanding anything to the contrary in this Agreement or any other Transaction Document, neither the Collateral Agent nor any of its respective directors, officers, agents, representatives, employees, attorneys-in-fact or Affiliates shall be liable for any action taken or omitted to be taken by it or them (in their capacity as or on behalf of the Collateral Agent) under or in connection with this Agreement or the other Transaction Documents, except for its or their own gross negligence or willful misconduct, for which the Collateral Agent shall be liable. In no event shall the Collateral Agent, its directors, officers, agents agents, employees, affiliates or employees attorneys-in-fact or Affiliates be liable, directly or indirectly, for any special, indirect, punitive or consequential damages, unless such party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Security Agreement (Pulte Homes Inc/Mi/), Collateral Agency Agreement (Pulte Homes Inc/Mi/)

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