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

Limitation on the Representative’s Liability. Other than in its capacity as an Equityholder hereunder and without limitation to its obligations hereunder in its capacity as the Representative, the Representative shall have no liability to the Buyer and/or the Surviving Company for any default under any this Agreement by any other Equityholder. Except for fraud, criminal activity, gross negligence or willful misconduct on its part, the Representative shall have no liability to any other Equityholder under this Agreement for any act or omission by the Representative on behalf of the other Equityholders.

Limitation on the Representative’s Liability. Other than in its capacity as an Equityholder a Stockholder hereunder and without limitation to its obligations hereunder in its capacity as the Representative, the Representative shall have no liability to the Buyer and/or the Surviving Company for any default under any this Agreement by any other EquityholderStockholder. Except for fraud, criminal activity, gross negligence or willful misconduct on its part, the Representative shall have no liability to any other Equityholder Stockholder under this Agreement for any act or omission by the Representative on behalf of the other EquityholdersStockholders.