Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or Agent's gross negligence or reckless or willful misconduct, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. Lender shall be liable to Borrowers only for matters arising from this Agreement or otherwise related to the Obligations resulting from Lender's gross negligence or wilful misconduct, and liability for all other matters is hereby waived. Lender shall not in any event be liable to Borrowers for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. The Lenders, the Issuing Banks and the Administrative Agent shall be liable to the Borrowers only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender’s or the Administrative Agent’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction and not subject to any appeal or by settlement tantamount to such judgment, and liability for all other matters is hereby waived. The Lenders, the Issuing Banks and the Administrative Agent shall not in any event be liable to the Borrowers for special, punitive or consequential damages (as opposed to direct or actual damages) arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. Lender shall be liable to Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from Lender's gross negligence or willful misconduct, and liability for all other matters is hereby waived. Lender shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. The Lenders and the Agent shall be liable to the Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or the Agent's gross negligence or willful misconduct, and not for matters arising from their ordinary negligence, and liability for all other matters is hereby waived. The Lenders and the Agent shall not in any event be liable to the Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. With respect to this Guaranty only, the Authority shall be liable to Guarantor only for matters arising from this Guaranty or otherwise related to the Obligations resulting from the Authority's gross negligence or willful misconduct, and liability for all other matters is hereby waived. With respect to this Guaranty only, the Authority shall not in any event be liable to Guarantor for special or consequential damages arising from this Guaranty or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. Lenders shall be liable to --------------------------------------- Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from Lenders' gross negligence or wilful misconduct, and liability for all other matters is hereby waived. Lenders shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. Lender shall be liable to Loan Parties only for matters arising from this Agreement or otherwise related to the Obligations resulting from Lender’s gross negligence or willful misconduct, and liability for all other matters is hereby waived. To the fullest extent permitted by Applicable Law, Borrower shall not assert, and hereby waives, any claim against any Indemnified Person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) or any loss of profits arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, the Loan, or the use of the proceeds thereof. No Indemnified Person shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.
Standard of Care; Limitation of Damages. The Lender Parties shall be liable to Guarantors only for matters arising from this Guaranty or otherwise related to the Obligations resulting from the Lender Parties' gross negligence or willful misconduct, and liability for all other matters is hereby waived. The Lender Parties shall not in any event be liable to any Guarantor for special or consequential damages arising from this Guaranty or otherwise related to the Obligations.
Standard of Care; Limitation of Damages. Waterside shall be liable --------------------------------------- to Group or to Systems only for matters arising from this Agreement resulting from Waterside's gross negligence or willful misconduct and any and all other liability of Waterside either to Group or to Systems is waived. Waterside shall not in any event be liable to either Group or Systems for special or consequential damages arising from this Agreement or otherwise.
