Common use of Liability Disclaimer Clause in Contracts

Liability Disclaimer. Under no circumstances whatsoever shall the Bank be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Collateral, of any nature or kind whatsoever, or any matter or proceedings arising out of or relating thereto. The Bank shall not be required to take any action of any kind to collect or protect any interest in the Collateral, including but not limited to any action necessary to preserve its or the undersigned's rights against prior parties to any of the Collateral. The Bank shall not be liable or responsible in any way for the safekeeping, care or custody of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act or default of any agent or bailee of the Bank or the undersigned, or of any carrier, forwarding agency or other person whomsoever, or for the collection of any proceeds, but the same shall be at the undersigned's sole risk at all times. The undersigned hereby releases the Bank from any claims, causes of action and demands at any time arising out of or with respect to this Agreement or the Obligations, and any actions taken or omitted to be taken by the Bank with respect thereto, and the undersigned agrees to defend and hold the Bank harmless from and with respect to any and all such claims, causes of action and demands. The Bank's prior recourse to any part of all of the Collateral shall not constitute a condition of any demand for payment of the Obligations or of any suit or other proceeding for the collection of the Obligations.

Appears in 3 contracts

Samples: General Security Agreement (Logimetrics Inc), Modified General Security Agreement (Logimetrics Inc), General Security Agreement (Logimetrics Inc)

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Liability Disclaimer. Under no circumstances whatsoever shall the Bank Lender be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Collateral, of any nature or kind whatsoever, or with respect to any matter or proceedings arising out of or relating thereto. The Bank Lender shall not be required to take any action of any kind to collect or protect any interest in the Collateral, including but not limited to any action necessary to preserve its its, or the undersigned's Company’s rights against prior parties to any of the Collateral. The Bank Except in cases of gross negligence or willful misconduct, the Lender shall not be liable or responsible in any way for the safekeeping, care or custody of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act or default of any agent or bailee of the Bank Lender or the undersignedCompany, or of any carrier, forwarding agency or other person whomsoever, or for the collection of any proceeds, but the same shall be at the undersigned's Company’s sole risk at all times. The undersigned Except in cases of gross negligence or willful misconduct, the Company hereby releases the Bank Lender from any claims, causes of action and demands at any time arising out of or with respect to this Agreement or the Obligations, and any actions taken or omitted to be taken by the Bank Lender with respect thereto, and the undersigned Company agrees to defend and hold the Bank Lender harmless from and with respect to any and all such claims, causes of action and demands. The Bank's prior recourse to any part of all of the Collateral shall not constitute a condition of any demand for payment of the Obligations or of any suit or other proceeding for the collection of the Obligations.

Appears in 2 contracts

Samples: Security Agreement (Incara Pharmaceuticals Corp), Security Agreement (Incara Pharmaceuticals Corp)

Liability Disclaimer. Under no circumstances whatsoever shall the Bank Agent or any Holder be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Collateral, of any nature or kind whatsoever, or any matter or proceedings arising out of or relating thereto. The Bank Agent (and the Holders) shall not be required to take any action of any kind to collect or protect any interest in the Collateral, including but not limited to any action necessary to preserve its their, or the undersigned's Borrowers' rights against prior parties to any of the Collateral. The Bank Agent (and the Holders) shall not be liable or responsible in any way for the safekeeping, care or custody of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act or default of any agent or bailee of the Bank Agent or the undersignedBorrowers, or of any carrier, forwarding agency or other person whomsoever, or for the collection of any proceeds, but the same shall be at the undersigned's Borrowers' sole risk at all times. The undersigned Each Borrower hereby releases the Bank Agent and the Holders from any claims, causes of action and demands at any time arising out of or with respect to this Agreement or the Obligations, and any actions taken or omitted to be taken by the Bank Agent or any Holders with respect thereto, and the undersigned such Borrower agrees to defend and hold the Bank Agent and the Holders harmless from and with respect to any and all such claims, causes of action and demands. The BankAgent's and the Holder's prior recourse to any part of all of the Collateral shall not constitute a condition of any demand for payment of the Obligations or of any suit or other proceeding for the collection of the Obligations. This provision is not intended to limit the Agent's responsibility to the Holders as provided in Section 9.

Appears in 1 contract

Samples: Security Agreement, Intercreditor Agreement (Logimetrics Inc)

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Liability Disclaimer. Under no circumstances whatsoever shall the Bank Agent or any Holder be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Collateral, of any nature or kind whatsoever, or any matter or proceedings arising out of or relating thereto. The Bank Agent (and the Holders) shall not be required to take any action of any kind to collect or protect any interest in the Collateral, including but not limited to any action necessary to preserve its their, or the undersignedBorrower's rights against prior parties to any of the Collateral. The Bank Agent (and the Holders) shall not be liable or responsible in any way for the safekeeping, care or custody of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act or default of any agent or bailee of the Bank Agent or the undersignedBorrower, or of any carrier, forwarding agency or other person whomsoever, or for the collection of any proceeds, but the same shall be at the undersignedBorrower's sole risk at all times. The undersigned Borrower hereby releases the Bank Agent and the Holders from any claims, causes of action and demands at any time arising out of or with respect to this Agreement or the Obligations, and any actions taken or omitted to be taken by the Bank Agent or any Holders with respect thereto, and the undersigned Borrower agrees to defend and hold the Bank Agent and the Holders harmless from and with respect to any and all such claims, causes of action and demands. The BankAgent's and the Holder's prior recourse to any part of all of the Collateral shall not constitute a condition of any demand for payment of the Obligations or of any suit or other proceeding for the collection of the Obligations. This provision is not intended to limit the Agent's responsibility to the Holders as provided in Section 9.

Appears in 1 contract

Samples: Amended and Restated Security Agreement (Logimetrics Inc)

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