Manager’s Liability. (a) The Manager shall not be liable under any judgment, decree or order of a court, or in any other manner, for any debt, obligation or liability of the Company.
Manager’s Liability. Except to the extent specifically imposed by the Delaware Act, no Manager shall have any liability to the Company or any Member for any act or failure to act by said Manager or any consequences resulting directly or indirectly therefrom, it being understood, and it is hereby intended, that the duties (including fiduciary duties) and liabilities of the Manager to the Company or to another Member or any other person is hereby restricted to the fullest extent permitted by the Delaware Act.
Manager’s Liability. Manager assumes no liability whatsoever for any acts or omissions of Owner, or any previous or subsequent owners or managers of the Property, or any agents or any previous or subsequent agents of either. Manager assumes no liability for any failure of, or default by, any tenant in the payment of any rent or other charges due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to any lease or otherwise. Manager assumes no liability for violations of environmental or other building-regulations other than (i) to exercise its best reasonable efforts to comply with such regulations, and (ii) to promptly notify Owner of violations or hazards discovered. It is understood that Manager shall not be obligated to initiate a process of discovery requiring environmental testing or inspections not normally performed in the routine operation of the Property, unless specifically requested to do so by Owner in writing and at Owner’s expense. Manager assumes no responsibility or liability for the provision of security services or devices other than to supervise such contractor(s) providing security services for the Property. In the event that Manager engages security services or installs or changes security devices at the Property, Owner assumes any and all responsibility and liability for such services or devices and Owner shall indemnify, defend and hold harmless Manager, its principals and employees from and against any and all losses, costs, expenses, claims and liabilities, arising out of the provision of any security services or any security devices at the Property.
Manager’s Liability. 1. Manager's recommendations are based upon its professional judgment. Manager does not represent or guarantee the results of any investment recommendation made on behalf of the Account. Manager, if acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the assets, or the acts and/or omissions of other professionals or third-party service providers selected on behalf of or recommended to Client by Manager, including a broker-dealer and/or custodian. If the Account contains only a portion of Client's total assets, Manager shall only be responsible for those assets that Client has designated to be the subject of Manager's investment management services under this Agreement without consideration to those additional assets not a part of the Account. Nothing herein shall constitute a waiver or limitation of any rights which Client may have under any federal securities laws. This Section shall survive termination of this Agreement.
Manager’s Liability. Without limiting the Manager's liability to the Company for any breach of or failure to perform its covenants and obligations hereunder, no Manager shall be liable under a judgment, decree or order of a court, or in any other manner for the Debts or any other obligations or liabilities of the Company solely by reason of being a manager of the Company. The Manager shall not have any personal liability for the repayment of any Capital Contributions of any Member. 5.7 Withdrawal, Removal and Termination. (a)
Manager’s Liability. Manager shall not be liable to resident, resident’s family, agents, invitees, employees or servants, for any damages or losses to person or property caused by other residents of the Apartment Complex or other persons. Resident agrees to indemnify and hold Manager harmless from and against any and all claims for damages to property arising from resident’s use of the premises, or from any activity, work or thing done, permitted or suffered by resident in or about the premises. Manager shall not be liable for personal injury or damage or loss of resident’s personal property (furniture, jewelry, clothing etc.) from theft, vandalism, fire, water, rain storms, smoke, explosions, sonic booms or other causes whatsoever, unless the same is due to the gross negligence of Manager. If any of Manager’s employees are required to render any services such as moving automobiles, handling of furniture, cleaning, signing for or delivering packages, or any other service not contemplated in this lease, such employee shall be deemed the agent of resident regardless of whether payment is arranged for such service; and resident agrees to indemnify and hold Manager harmless from all loss suffered by resident or other person in any of the aforesaid circumstances. It is the resident’s responsibility to obtain “renter’s insurance” to adequately protect resident from all losses however caused to resident’s personal property. Manager and Owner of Apartment Complex are not insured for any losses relating to the personal property of any resident.
Manager’s Liability. The Managers shall not be liable, responsible, or accountable, in damages or otherwise, to any Member or to the Company for any act performed, or failure to act, by the Managers within the scope of the authority conferred on the Managers by this Agreement, except for acts which constitute fraud, gross negligence, breach of a fiduciary duty to the Company or an intentional breach of this Agreement.
Manager’s Liability. 8.1. Manager shall not, in the performance of this Agreement, except as provided herein, be liable to DocuNet for any act, omission, or negligence of any agent or employee of DocuNet, except if such agent or employee is under the supervision of Manager.
Manager’s Liability. Manager shall be liable to Owner for all losses, damages, fines, penalties, costs and expenses, including attorneys’ fees and court costs, sustained or incurred by Owner by reason of or arising out of Manager’s breach of the duties and obligations required by this Agreement.
Manager’s Liability. Owner acknowledges that Manager will enter into subcontracts ("Subcontracts") with others ("Subcontractors") providing for the performance of certain services to be provided under this Agreement, and that Manager's remedies, in the event a Subcontractor fails to perform such services, is negligent, engages in misconduct or defaults under the Subcontract (in any such case "Subcontractor Default"), will be governed by the Subcontract and by applicable law. Owner agrees, for the purposes of this Agreement, that if Manager, as soon as reasonably practicable after the occurrence of a Subcontractor Default, commences and thereafter pursues with all due diligence Manager's remedies against such Subcontractor and, pending efforts by Manager to enforce Manager's remedies against such Subcontractor, either performs itself the services covered by the Subcontract or engages another Subcontractor for such purpose, then Manager shall not be in default under the terms of this Agreement by reason of such Subcontractor Default. Notwithstanding any other provision of this Agreement, and unless such act or omission constitutes gross negligence or willful misconduct by Manager, its officers, employees, or agents (and for the purposes of this Section 2.5 the term "employees or agents" of Manager shall not include Subcontractors), under the terms of this Agreement, neither Manager nor its officers, directors, shareholders, constituent partners, employees, or agents shall ever be liable for any act or omission, negligent, tortious or otherwise, of a Subcontractor or any agent or employee of a Subcontractor, or its subsidiaries or affiliates, for any amount of damage, or any other monetary obligation whatsoever, which is in excess of the amount of cash proceeds actually recovered under the policies of liability insurance required to be maintained pursuant to the terms of Section 5.2 of this Agreement, and under no circumstances whatsoever shall Manager, under any theory of action or recovery, ever be liable for or obliged to pay or to satisfy any judgment for any damages or other monetary obligation whatsoever, that is in excess of the amount of such cash proceeds. Notwithstanding any of the provisions of this Agreement, in no event shall Owner make any claim against Manager, or its affiliates or subsidiaries, on account of any alleged errors in judgment made in good faith in connection with the operation of the Facility by Manager or the performance of any advisory or technical ...
