Common use of Liability Between the Parties Clause in Contracts

Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconduct.

Appears in 6 contracts

Samples: Authority Operating Agreement, Authority Operating Agreement, Dshba Operating Agreement

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Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, exemplary or punitive arising from the Party’s performance or nonperformance under this Operating Agreement, except for a Party’s gross negligence, or willful misconduct.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Liability Between the Parties. The Parties' duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated hereinin this Agreement. Neither Party, its directors, officers, employees, contractors, or agents, agents shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s 's performance or nonperformance under this Agreement, except for a Party’s 's gross negligence, negligence or willful misconductmisconduct subject to applicable law.

Appears in 2 contracts

Samples: Coordinated Transmission Agreement, Coordinated Transmission Agreement

Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Operating Agreement, except for a Party’s gross negligence, or willful misconduct.

Appears in 1 contract

Samples: Control Area Operating Agreement

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Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, or whether arising in tort, contract or other theory of law or equity, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconductas may be otherwise specified herein.

Appears in 1 contract

Samples: export.amlegal.com

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