Common use of Limitation of Duties and Liability Clause in Contracts

Limitation of Duties and Liability. The relationship of GP and MLP to the GP Services Recipients pursuant to this Agreement is as an independent contractor and nothing in this Agreement shall be construed to impose on GP and MLP, or on any of their respective Affiliates, or on any of their respective successors and permitted assigns, or on their respective employees, officers, members, managers, directors, agents and representatives, an express or implied fiduciary duty. GP, MLP and their respective Affiliates and their respective successors and permitted assigns, together with their respective employees, officers, members, managers, directors, agents and representatives, shall not be liable for, and the GP Services Recipients shall not take, or permit to be taken, any action against any of such Persons to hold such Persons liable for, (a) any error of judgment or mistake of law or for any liability or loss suffered by the GP Services Recipients in connection with the performance of any GP Services under this Agreement, except for a liability or loss resulting from gross negligence, willful misconduct, bad faith or reckless disregard in the performance of the GP Services, or (b) any fraudulent or dishonest acts with respect to the GP Services Recipients. In no event, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall GP, MLP or their respective Affiliates, their respective successors and permitted assigns, or their respective employees, officers, members, managers, directors, agents and representatives, be liable for loss of profits or revenue or special, incidental, exemplary, punitive or consequential damages.

Limitation of Duties and Liability. The relationship of GP and MLP Hi-Crush Services to the GP Services Recipients pursuant to this Agreement is as an independent contractor and nothing in this Agreement shall be construed to impose on GP and MLPHi-Crush Services, or on any of their respective its Affiliates, or on any of their respective successors and permitted assigns, or on their respective employees, officers, members, managers, directors, agents and representatives, an express or implied fiduciary duty. GP, MLP Hi-Crush Services and their respective its Affiliates and their respective successors and permitted assigns, together with their respective employees, officers, members, managers, directors, agents and representatives, shall not be liable for, and the GP Services Recipients shall not take, or permit to be taken, any action against any of such Persons to hold such Persons liable for, (a) any error of judgment or mistake of law or for any liability or loss suffered by the GP Services Recipients in connection with the performance of any GP Services under this Agreement, except for a liability or loss resulting from gross negligence, willful misconduct, bad faith or reckless disregard negligence in the performance of the GP Services, or (b) any fraudulent or dishonest acts with respect to the GP Services Recipients. In no event, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall GP, MLP Hi-Crush Services or their respective its Affiliates, their respective successors and permitted assigns, or their respective employees, officers, members, managers, directors, agents and representatives, be liable for loss of profits or revenue or special, incidental, exemplary, punitive or consequential damages.