Common use of Limitation on Liability Clause in Contracts

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 240 contracts

Samples: Asset Representations Review Agreement (CNH Equipment Trust 2024-B), Asset Representations Review Agreement (CNH Equipment Trust 2024-B), Asset Representations Review Agreement (Toyota Auto Receivables 2024-B Owner Trust)

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Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, punitive, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 95 contracts

Samples: Asset Representations Review Agreement (Ford Credit Auto Owner Trust 2024-A), Asset Representations Review Agreement (Ford Credit Auto Owner Trust 2024-A), Asset Representations Review Agreement (Ford Credit Auto Lease Trust 2024-A)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith faith, breach of this Agreement or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 85 contracts

Samples: Asset Representations Review Agreement (Vw Credit Leasing LTD), Asset Representations Review Agreement (Honda Auto Receivables 2024-2 Owner Trust), Asset Representations Review Agreement (Honda Auto Receivables 2024-2 Owner Trust)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any incidental, special, indirect indirect, punitive, exemplary or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of actiondamages.

Appears in 81 contracts

Samples: Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-2), Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-2), Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconductmisfeasance, bad faith faith, or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 55 contracts

Samples: Asset Representations Review Agreement (Nissan Auto Lease Trust 2024-A), Asset Representations Review Agreement (Nissan Auto Lease Trust 2024-A), Asset Representations Review Agreement (Nissan Auto Lease Trust 2023-B)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconductmisfeasance, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 37 contracts

Samples: Asset Representations Review Agreement (Nissan Auto Receivables 2024-a Owner Trust), Asset Representations Review Agreement (Nissan Auto Receivables 2024-a Owner Trust), Asset Representations Review Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the The Asset Representations Reviewer will will, however, be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In , but in no event will the Asset Representations Reviewer it be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer it has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 35 contracts

Samples: Review Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Review Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Daimler Trucks (Daimler Trucks Retail Trust 2024-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person person for (i) any action taken, or not taken, in good faith under this Agreement or Agreement, (ii) for errors in judgmentjudgment or (iii) for any errors contained in the Asset Review Materials. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any incidental, special, indirect indirect, punitive, exemplary or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of actiondamages.

Appears in 26 contracts

Samples: Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2021-3), Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2021-3), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2021-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgmentAgreement. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith faith, breach of this Agreement or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 17 contracts

Samples: Asset Representations Review Agreement (Fifth Third Auto Trust 2023-1), Asset Representations Review Agreement (Fifth Third Auto Trust 2023-1), Asset Representations Review Agreement (Fifth Third Holdings Funding, LLC)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for (i) any action taken, or not taken, in good faith under this Agreement or Agreement, (ii) for errors in judgmentjudgment or (iii) for any errors contained in the Asset Review Materials. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any incidental, special, indirect indirect, punitive, exemplary or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of actiondamages.

Appears in 17 contracts

Samples: Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (Afs Sensub Corp.)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or gross negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, punitive, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action. The Asset Representations Reviewer will have no other duties, obligations or liabilities to any Person, including the Noteholders and the Certificateholders, other than as specifically set forth in this Agreement.

Appears in 8 contracts

Samples: Asset Representations Review Agreement (Verizon Master Trust), Asset Representations Review Agreement (Verizon Master Trust), Asset Representations Review Agreement (Verizon Master Trust)

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Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for (i) any action taken, or not taken, in good faith under this Agreement or for Agreement, (ii) errors in judgmentjudgment or (iii) any errors contained in the Asset Review Materials. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any incidental, special, indirect indirect, punitive, exemplary or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of actiondamages.

Appears in 8 contracts

Samples: Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2023-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 8 contracts

Samples: Asset Representations Review Agreement (Exeter Automobile Receivables Trust 2024-2), Asset Representations Review Agreement (Exeter Automobile Receivables Trust 2023-1), Review Agreement (Exeter Automobile Receivables Trust 2023-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgmentAgreement. However, the Asset Representations Reviewer will be liable for its willful misconductmisfeasance, bad faith faith, breach of this Agreement or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 5 contracts

Samples: Asset Representations Review Agreement (Fifth Third Holdings Funding, LLC), Asset Representations Review Agreement (Hyundai Abs Funding LLC), Asset Representations Review Agreement (American Honda Receivables LLC)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 3 contracts

Samples: Asset Representations Review Agreement (SMART ABS Series 2016-2us Trust), Asset Representations Review Agreement (SMART ABS Series 2016-2us Trust), Form of Asset Representations Review Agreement (Macquarie Leasing Pty LTD)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer shall either party be liable to the other party for any special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of actionprofit).Section 4.5.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Exeter Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (Exeter Automobile Receivables Trust 2024-1)

Limitation on Liability. The Asset Representations Reviewer will not be liable to any Person for any action taken, or not taken, in good faith under this Agreement or for errors in judgment. However, the Asset Representations Reviewer will be liable for its willful misconduct, bad faith or gross negligence in performing its obligations under this Agreement. In no event will the Asset Representations Reviewer be liable for special, indirect or consequential losses or damages (including lost profit), even if the Asset Representations Reviewer has been advised of the likelihood of the loss or damage and regardless of the form of action.

Appears in 1 contract

Samples: Indemnification Agreement (World Financial Network Credit Card Master Trust)

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