Disclaimer; Standard of Care. BMP makes no representations or warranties, express or implied, in respect of the Services to be provided hereunder. In no event shall BMP or any Indemnified Party 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 BMP as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Transaction and Management Fee Agreement (Apria, Inc.), Transaction and Management Fee Agreement (Ahny-Iv LLC)
Disclaimer; Standard of Care. BMP makes no representations or warranties, express or implied, in respect of the Services to be provided by it hereunder. In no event shall BMP or any Indemnified Party 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 BMP as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Samples: Transaction and Advisory Fee Agreement (Pinnacle Foods Finance LLC)
Disclaimer; Standard of Care. BMP makes no representations or warranties, express or implied, in respect of the Services to be provided hereunderby it hereunder or under the Current Transaction and Advisory Agreement. In no event shall BMP or any Indemnified Party 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 BMP as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Samples: Transaction and Advisory Fee Agreement (Pinnacle Foods Finance LLC)
Disclaimer; Standard of Care. BMP makes no representations or warranties, express or implied, in respect of the Services Monitoring Services, Ops Support or any other service to be provided hereunderhereunder or under any other agreement with any Company Party. In no event shall will BMP or any Indemnified Party be liable to the Company Parties 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 BMP as determined by a final, non-appealable determination of a court of competent jurisdiction.
Appears in 1 contract
Samples: Support and Services Agreement (Mosaic Acquisition Corp.)
