Common use of Exculpatory Provision Clause in Contracts

Exculpatory Provision. Buyers’ Agent shall not be (a) liable for any action lawfully taken or omitted to be taken by Buyers’ Agent under or in connection with this Agreement, except for Buyers’ Agent’s gross negligence or willful misconduct or (b) responsible in any manner for (i) warranties made by Seller in the WP Agreement or in any certificate, report, statement or other document referred to or received by Buyers’ Agent under or in connection with the WP Agreement (“Seller Statements”), (ii) the validity, effectiveness, genuineness, enforceability, priority or sufficiency of the Seller Statements, or (iii) any failure of Seller to perform its obligations under the WP Agreement.

Appears in 2 contracts

Sources: Buyers’ Agent Agreement, Buyers’ Agent Agreement

Exculpatory Provision. Buyers' Agent shall not be (a) liable for any action lawfully taken or omitted to be taken by Buyers' Agent under or in connection with this Agreement, except for Buyers' Agent’s 's gross negligence or willful misconduct or (b) responsible in any manner for (i) warranties made by Seller in the WP GF Agreement or in any certificate, report, statement or other document referred to or received by Buyers' Agent under or in connection with the WP GF Agreement ("Seller Statements"), (ii) the validity, effectiveness, genuineness, enforceability, priority or sufficiency of the Seller Statements, or (iii) any failure of Seller to perform its obligations under the WP GF Agreement.

Appears in 1 contract

Sources: Buyers' Facility Agent Agreement