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
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
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