Common use of Liability of Evaluator Clause in Contracts

Liability of Evaluator. The Unitholders and each other party to this Master Services Agreement may rely on any valuation furnished by the Evaluator. The determinations made by the Evaluator and the computations made by the Administrator under Section 6.01 shall be made in good faith upon the basis of the best information available to them. The Evaluator and the Administrator shall be under no liability to the Unitholders or any other party to this Master Services Agreement for errors, provided, however, that this provision shall not protect the Evaluator and Administrator against any liability to which it would otherwise be subject by reason of gross negligence, bad faith or willful misconduct in the performance of its duties.