Common use of Liability to the Company Clause in Contracts

Liability to the Company. None of the Sole Member, any of the Sole Member’s managers, any Manager or any Officer shall be liable to the Company in damages for any action that such Person takes or fails to take in such capacity, unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such action or failure to act was undertaken with deliberate intent to cause injury to the Company or with reckless disregard for the best interests of the Company.

Appears in 40 contracts

Samples: Limited Liability Company Agreement (Reliant Software, Inc.), Operating Agreement (Reliant Software, Inc.), Limited Liability Company Agreement (Reliant Software, Inc.)

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Liability to the Company. None of the Sole Member, any of the Sole Member’s managers, any Manager Governor or any Officer Manager shall be liable to the Company in damages for any action that such Person takes or fails to take in such capacity, unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such action or failure to act was undertaken with deliberate intent to cause injury to the Company or with reckless disregard for the best interests of the Company.

Appears in 2 contracts

Samples: Operating Agreement (Reliant Software, Inc.), Operating Agreement (Reliant Software, Inc.)

Liability to the Company. None of the The Sole Member, any of the Sole Member’s managers, any Manager or and any Officer shall not be liable to the Company in damages for any action that such Person the Sole Member, any Manager or any Officer takes or fails to take in such capacity, unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such action or failure to act was undertaken with deliberate intent to cause injury to the Company or with reckless disregard for the best interests of the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Reliant Software, Inc.), Limited Liability Company Agreement (Reliant Software, Inc.)

Liability to the Company. None of the The Sole Member, any of the Sole Member’s managers, any Manager or and any Officer shall not be liable to the Company in damages for any action that such Person the Sole Member, Manager or any Officer takes or fails to take in such capacity, unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such action or failure to act was undertaken with deliberate intent to cause injury to the Company or with reckless disregard for the best interests of the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nationsrent Companies Inc)

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Liability to the Company. None of the Sole Member, any of the Sole Member’s managersdirectors, any Manager or any Officer shall be liable to the Company in damages for any action that such Person takes or fails to take in such capacity, unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such action or failure to act was undertaken with deliberate intent to cause injury to the Company or with reckless disregard for the best interests of the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Reliant Software, Inc.)

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