Common use of Care Clause in Contracts

Care. Secured Party shall use such reasonable care in handling, preserving and protecting Collateral in the possession of Secured Party as Secured Party uses in handling similar property for the account of Secured Party. Secured Party, however, shall have no liability for the loss, destruction or disappearance of any Collateral unless there is affirmative and persuasive proof of a lack of due care. A lack of due care shall not be implied solely by virtue of any loss, destruction or disappearance.

Care. Secured Party Parties shall use such reasonable care in handling, preserving and protecting Collateral in the possession of Secured Party Parties as Secured Party uses Parties use in handling similar property for the account of Secured PartyParties. Secured PartyParties, however, shall have no liability for the loss, destruction or disappearance of any Collateral unless there is affirmative and persuasive proof of a lack of due care. A lack of due care shall not be implied solely by virtue of any loss, destruction or disappearance.

Care. Secured Party shall use such reasonable care in handling, preserving and protecting the Collateral in the its possession of Secured Party as Secured Party it uses in handling similar property for its own account. Unless caused solely by the account gross negligence or willful misconduct of Secured Party. Party (as determined by a final, non-appealable judgment of a court of competent jurisdiction), Secured Party, however, Party shall have no liability for the loss, destruction or disappearance of any Collateral unless there is affirmative and persuasive proof of a lack of due careCollateral. A lack of due care shall not be implied solely by virtue of any loss, destruction or disappearance.