Disclaimer; Standard of Care. Neither the Manager nor any of its Manager Designees makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager or the Manager Designees hereunder. In no event will the Manager, its Manager Designees or related Indemnitees be liable to the Company or any of its affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager or its Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Parkway Properties Inc), Management Services Agreement (Parkway Properties Inc)
Disclaimer; Standard of Care. Neither None of the Manager nor Managers or any of its their respective Manager Designees makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager Managers or the Manager Designees hereunder. In no event will the any Manager, its Manager Designees or related Indemnitees be liable to the Company Holdings or any of its affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the such Manager or its Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Management Services Agreement (J Crew Group Inc), Credit Agreement (J Crew Group Inc)
Disclaimer; Standard of Care. Neither of the Manager Managers nor any of its Manager Designees Designee makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager Managers or the Manager Designees hereunder. In no event will the ManagerManagers, its the Manager Designees or related Indemnitees be liable to the Company Companies or any of its their respective affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager Managers or its the Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Monitoring Agreement (Milagro Oil & Gas, Inc.), Management Services Agreement (Aleris International, Inc.)
Disclaimer; Standard of Care. Neither the Manager nor any of its Manager Designees makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager or the Manager Designees hereunder. In no event will the Manager, its Manager Designees or related Indemnitees be liable to the Company Companies or any of its their respective affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager or its Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Management Services Agreement (Par Pharmacuetical, Inc.), Management Services Agreement (BioArray Solutions LTD)
Disclaimer; Standard of Care. Neither None of the Manager Managers nor any of its their respective Manager Designees Designee makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager Managers or the Manager Designees hereunder. In no event will the ManagerManagers, its the Manager Designees or related Indemnitees be liable to the Company or any of its affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager Managers or its the Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Disclaimer; Standard of Care. Neither None of the Manager Managers nor any of its their respective Manager Designees makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager Managers or the Manager Designees hereunder. In no event will the ManagerManagers, its the Manager Designees or related Indemnitees be liable to the Company or any of its affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager Managers or its the Manager Designees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Disclaimer; Standard of Care. Neither the Manager nor any of its Manager Designees Designee makes any representations or warranties, express or implied, in respect of the services to be provided by the Manager or the Manager Designees hereunder. In no event will the Manager, its the Manager Designees or related Indemnitees be liable to the Company or any of its affiliates for any act, alleged act, omission or alleged omission that does not constitute gross negligence or willful misconduct of the Manager or its Manager, the Manager Designees or Indemnitees as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Samples: Management Services Agreement (Nexeo Solutions Finance Corp)