Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 157 contracts
Samples: Account Control Agreement (Ford Credit Auto Owner Trust 2023-C), Account Control Agreement (Ford Credit Auto Lease Trust 2023-B), Titling Company Account Control Agreement (Ford Credit Auto Lease Trust 2018-B)
Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or gross negligence or (ii) breach of its representations and representations, warranties or covenants in this Agreement. The Financial Institution will not be liable for special, indirect indirect, punitive or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 36 contracts
Samples: Account Control Agreement (Verizon Master Trust), Control Agreement (Verizon Master Trust), Control Agreement (Verizon Master Trust)
Financial Institution. The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and representations, warranties or covenants in this Agreement. The Financial Institution will not be liable for special, indirect indirect, punitive or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Appears in 16 contracts
Samples: Control Agreement (Verizon ABS LLC), Account Control Agreement (Verizon Owner Trust 2020-A), Account Control Agreement (Verizon Owner Trust 2019-C)
