Common use of Responsibilities of the Account Custodian Clause in Contracts

Responsibilities of the Account Custodian. (a) (i) Notwithstanding any provision contained herein or in any other document or instrument to the contrary, neither the Account Custodian nor any of its directors, officers, agents, employees, affiliates or representatives shall be liable for (i) following the instruction of the Collateral Agent or complying with orders or other directives originated by the Collateral Agent or (ii) any action taken or not taken by it (or them) under or in connection with this Agreement, except for the Account Custodian's (or their) own gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). The Collateral Agent and the Grantor (in each case, for itself or any Person and/or entity claiming through it) hereby releases, warrants, discharges, exculpates and covenants not to xxx the Account Custodian for any action taken or omitted to be taken under this Agreement, except to the extent caused by the Account Custodian's gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). In no event shall the Account Custodian be liable for indirect, special or consequential damages of any kind whatsoever (including lost profits and lost business opportunity) even if it is advised of the possibility of such damages and regardless of the form of action in which any such damages may be claimed. Without limiting the foregoing, and notwithstanding any provision to the contrary elsewhere, the Account Custodian and its directors, officers, agents, employees, affiliates and representatives:

Responsibilities of the Account Custodian. (a) (i) Notwithstanding any provision contained herein or in any other document or instrument to the contrary, neither the Account Custodian nor any of its directors, officers, agents, employees, affiliates or representatives shall be liable for (i) following the instruction of the Collateral Agent or complying with orders or other directives originated by the Collateral Agent or (ii) any action taken or not taken by it (or them) under or in connection with this Agreement, except for the Account Custodian's ’s (or their) own gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). The Collateral Agent and the Grantor Assignor (in each case, for itself or any Person and/or entity claiming through it) hereby releases, warrants, discharges, exculpates and covenants not to xxx the Account Custodian for any action taken or omitted to be taken under this Agreement, except to the extent caused by the Account Custodian's ’s gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). In no event shall the Account Custodian be liable for indirect, special or consequential damages of any kind whatsoever (including lost profits and lost business opportunity) even if it is advised of the possibility of such damages and regardless of the form of action in which any such damages may be claimed. Without limiting the foregoing, and notwithstanding any provision to the contrary elsewhere, the Account Custodian and its directors, officers, agents, employees, affiliates and representatives:

Responsibilities of the Account Custodian. (a) (i) Notwithstanding any provision contained herein or in any other document or instrument to the contrary, neither the Account Custodian nor any of its directors, officers, agents, employees, affiliates or representatives shall be liable for (ix) following the instruction of the Collateral Agent or complying with orders or other directives originated by the Collateral Agent or (iiy) any action taken or not taken by it (or them) under or in connection with this Agreement, except for the Account Custodian's ’s (or their) own gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). The Collateral Agent and the Grantor Assignor (in each case, for itself or any Person person and/or entity claiming through it) hereby releases, warrants, discharges, exculpates and covenants not to xxx the Account Custodian for any action taken or omitted to be taken under this Agreement, except to the extent caused by the Account Custodian's ’s gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision). In no event shall the Account Custodian be liable for punitive, indirect, special or consequential damages of any kind whatsoever (including lost profits and lost business opportunity) even if it is advised of the possibility of such damages and regardless of the form of action in which any such damages may be claimed. Without limiting the foregoing, and notwithstanding any provision to the contrary elsewhere, the Account Custodian and its directors, officers, agents, employees, affiliates and representatives: