Exclusion of Creditor Party liability Sample Clauses

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Exclusion of Creditor Party liability. No Creditor Party, and no receiver or manager appointed by the Security Trustee, shall have any liability to the Borrower or a Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of a Security Interest created by, a Finance Document or by any failure or delay to exercise such a right or to enforce such a Security Interest; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such a Security Interest or for any reduction (however caused) in the value of such an asset; except that this does not exempt a Creditor Party or a receiver or manager from liability for losses shown to have been caused by the gross negligence or the wilful misconduct of such Creditor Party's own officers and employees or (as the case may be) such receiver's or manager's own partners or employees.
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Exclusion of Creditor Party liability. No Creditor Party, and no receiver or manager appointed by the Security Trustee, shall have any liability to the Borrower or a Security Party:
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Exclusion of Creditor Party liability. No Creditor Party, and no receiver or manager appointed by the Security Trustee, shall have any liability to the Borrower or a Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of a Security Interest created by, a Finance Document or by any failure or delay to exercise such a right or to enforce such a Security Interest; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such a Security Interest or for any reduction (however caused) in the value of such an asset; except that this does not exempt a Creditor Party or a receiver or manager from liability for losses shown to have been directly and mainly caused by the dishonesty or the wilful misconduct of such Creditor Party’s own officers and employees or (as the case may be) such receiver’s or manager’s own partners or employees. In no event shall any Creditor Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and the Borrower hereby waives, releases and agrees not to ▇▇▇ upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour.
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Exclusion of Creditor Party liability. No Creditor Party, and no receiver or manager appointed by the Agent, shall have any liability to an Obligor: (a) for any loss caused by an exercise of rights under, or enforcement of a Security Interest created by, a Finance Document or by any failure or delay to exercise such a right or to enforce such a Security Interest; or (b) as mortgagee in possession or otherwise, for any income or principal amount which might have been produced by or realised from any asset comprised in such a Security Interest or for any reduction (however caused) in the value of such an asset.
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Exclusion of Creditor Party liability. No Creditor Party, and no receiver or manager appointed by the Security Trustee, shall have any liability to a Borrower or a Security Party: (a) for any loss caused by an exercise of rights under, or enforcement of a Security Interest created by, a Finance Document or by any failure or delay to exercise such a right or to enforce such a Security Interest; or
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Related to Exclusion of Creditor Party liability

  • The Lender Group’s Liability for Collateral Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral, (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause, (iii) any diminution in the value thereof, or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowers.

  • Claims of Creditors The Contract Value and other benefits under this Contract are exempt from the claims of creditors to the extent permitted by law.

  • Third Party Liability For the purposes of the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

  • Administrative Civil Liability ▇▇▇▇▇▇▇▇ 66 hereby agrees to the imposition of an administrative civil liability totaling $109,000 to resolve the alleged violations as set forth in Section II as follows: a. No later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, ▇▇▇▇▇▇▇▇ 66 shall submit a check for $54,500 made payable to the “State Water Pollution Cleanup and Abatement Account,” reference the Order number on page one of this Stipulated Order, and mail the check to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 ▇▇▇▇▇▇▇▇ 66 shall e-mail a copy of the check to the State Water Resources Control Board Office of Enforcement (▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇) and the Regional Water Board (▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇). ▇. ▇▇▇▇▇▇▇▇ 66 agrees that $54,500 of the administrative liability shall be paid to the Regional Monitoring Program, care of the San Francisco Estuary Institute, for implementation of a Supplemental Environmental Project (SEP), the North Bay Selenium Synthesis Study, as follows: i. $54,500 (SEP Amount) shall be paid solely for use toward the North Bay Selenium Synthesis Study. Funding this project will perform an information synthesis to support development of a selenium monitoring program for the North Bay. A complete description of this project is provided in Exhibit C, incorporated herein by reference. ii. No later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, ▇▇▇▇▇▇▇▇ 66 shall submit a check for $54,500 made payable to the “Regional Monitoring Program,” reference the Order number on page one of this Stipulated Order, and mail the check to: Regional Monitoring Program c/o San Francisco Estuary Institute ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Richmond, CA 94804 A copy of the check shall be sent to the Office of Enforcement and the Regional Water Board at the e-mail addresses set forth above.

  • Lender’s Liability for Collateral So long as Lender complies with its obligations, if any, under the Code, Lender shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause other than Lender’s gross negligence or willful misconduct; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.