Common use of STANDARD OF CARE AND RELIANCE Clause in Contracts

STANDARD OF CARE AND RELIANCE. BBH shall perform the Services using an ordinary commercial standard of care for collections and similar activities, provided that BBH shall not be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction. In no event shall BBH be responsible for any indirect, incidental, consequential, punitive or special damages even if BBH had been advised of the possibility of such damages. BBH shall perform the Services in conclusive reliance on information actually received from or contained in certain data sources described in Schedule 2 hereto, and shall not be responsible for providing Services with respect to any class action as to which it cannot reasonably determine eligibility from the data actually known to it or provided by such sources. BBH shall be entitled to rely upon any instruction or class action related data received from the Client or any other source identified on Schedule 2. In connection with the foregoing, BBH is authorized to select and appoint agents in performances of these Services, including Financial Recovery Technologies, LLC (“FRT”). BBH shall exercise reasonable care in the selection and appointment of such agents but shall not be liable for any losses arising from the acts or omissions of such agents. To the extent Client suffers a loss or damage as a result of such acts or omissions, BBH shall deliver to Client amounts that BBH recovers from such agents for such loss or damage.

STANDARD OF CARE AND RELIANCE. BBH shall perform the Services using an ordinary commercial standard of care for collections and similar activities, provided that BBH shall not be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction. In no event shall BBH be responsible for any indirect, incidental, consequential, punitive or special damages even if BBH had been advised of the possibility of such damages. BBH shall perform the Services in conclusive reliance on information actually received from or contained in certain data sources described in Schedule 2 hereto, and shall not be responsible for providing Services with respect to any class action as to which it cannot reasonably determine eligibility from the data actually known to it or provided by such sources. BBH shall be entitled to rely upon any instruction or class action related data received from the Client or any other source identified on Schedule 2. In connection with the foregoing, BBH is authorized to select and appoint agents in performances performance of these Services, including Financial Recovery Technologies, LLC (“FRT”)LLC. BBH shall exercise reasonable care in the selection and appointment of such agents but shall not be liable for any losses arising from the acts or omissions of such agents. To the extent Client suffers a loss or damage as a result of such acts or omissions, BBH shall deliver to Client amounts that BBH recovers from such agents for such loss or damage.