Common use of Limitation on the Representative’s Liability Clause in Contracts

Limitation on the Representative’s Liability. Other than in its capacity as a Seller hereunder and without limitation to its obligations under this Agreement wherein the Representative acts in a capacity as the Representative, the Representative shall have no liability to the Buyer for any default under this Agreement by any other Seller or the Company. Except for fraud, criminal activity, gross negligence or willful misconduct on its part as determined by a final, non-appealable decision by a court of competent jurisdiction, the Representative shall have no liability to any other Seller under this Agreement for any act or omission by the Representative on behalf of the other Sellers.

Limitation on the Representative’s Liability. Other than in its capacity as a Seller hereunder and without limitation to its obligations under this Agreement wherein the Representative acts in a capacity as the Representative, the Representative shall have no liability to the Buyer for any default under this Agreement by any other Seller or the CompanySosnoff. Except for fraud, criminal activity, gross negligence or willful misconduct on its part as determined by a final, non-appealable decision by a court of competent jurisdictionpart, the Representative shall have no liability to any other Seller or Sosnoff under this Agreement for any act or omission by the Representative on behalf of the other SellersSellers or Sosnoff.