Limitation on Liability of Parties to Each Other. Except with respect to liability for breach of an express obligation under this Agreement, no party shall have any liability to any other party except for liability arising from the gross negligence or willful misconduct of such party.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Bank Agent shall have no liability to the Program Agent, and the Program Agent shall have no liability to the Bank Agent, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives.
Limitation on Liability of Parties to Each Other. Except as ------------------------------------------------ provided in this Agreement, no party shall have any liability (other than the liability of the Credit Borrowers and other Loan Parties with respect to the Credit Claims and the liability of the Originator and the Receivables Seller with respect to the Purchaser Claims) to any other party in connection with this Agreement except for liability arising from the gross negligence or willful misconduct of such party or its representatives except with respect to the Receivables Purchaser which shall be solely liable for its or its representative's own bad faith and willful misconduct; provided, however, that any liability of the Receivables Purchaser hereunder is solely the corporate liability of the Receivables Purchaser and no recourse shall be had for the payment by the Receivables Purchaser of any other obligation or claim of or against the Receivables Purchaser arising out of or based on this Agreement, against any stockholder, employee, officer, director or incorporator of the Receivables Purchaser.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, no party shall have any liability to any other party except for liability arising from the gross negligence or willful misconduct of such party or its representatives except with respect to the Collateral Trustee and the Trustee each of which shall be solely liable only for its or its representative's own bad faith and willful misconduct; provided, however, that any liability of the Collateral Trustee or the Trustee hereunder is solely the corporate liability of the Collateral Trustee or the Trustee, as applicable, and no recourse shall be had for the payment by the Collateral Trustee or the Trustee of any other obligation or claim of or against the Collateral Trustee or the Trustee, as applicable, arising out of or based on this Agreement, against any stockholder, employee, officer, director or incorporator of the Collateral Trustee or the Trustee.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Bank Agent shall have no liability to the Trustee or the Program Agent, and the Trustee and the Program Agent shall have no liability to the Bank Agent, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives. The Bank Agent shall have no liability to any other party hereto in each case for consequential or exemplary damages.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Senior Collateral Agent shall have no liability to the Program Agent, and the Program Agent shall have no liability to the Senior Collateral Agent, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives. Neither the Senior Collateral Agent nor the Program Agent shall have any liability to any other party hereto in each case for consequential or exemplary damages.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Bank Agent and the Lender Parties and their respective affiliates shall have no liability to World or its affiliates, and World and its affiliates shall have no liability to the Bank Agent or the Lender Parties and their respective affiliates, in each case in connection with the transactions described in this Agreement, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives. None of the Bank Agent, Lender Parties or World shall have any liability to any other party hereto in each case for consequential or exemplary damages.
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Bank Agent shall have no liability to the Trustee or the Program Agent, and the Trustee and the Program Agent shall have no liability to the Bank Agent, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives. None of the Bank Agent, Trustee or Program Agent shall have any liability to any other party hereto in each case for consequential or exemplary damages. Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Trustee or the Bank Agent (a) to proceed against certain property securing any or all of the Bank Claim or the Purchaser Claim prior to proceeding against other property securing any such Claim or (b) to marshal the Collateral or the Purchased Property (as applicable) upon the enforcement of the Bank Agent's or the Trustee's rights or remedies under the Bank Loan Documents or Purchaser Documents, as applicable. Relative Rights of Certificateholders and Lender Parties as Among Themselves. The relative rights of the Certificateholders and Managing Agents, each as against the other, with respect to the exercise of the rights and the receipt of the benefits granted by the Trustee and the Program Agent hereunder shall be determined by mutual agreement among such parties in accordance with the terms of the Purchaser Documents. Each of the parties hereto (other than the Trustee or the Program Agent, respectively) shall be entitled to rely on the power and authority of the Trustee and the Program Agent to act on behalf of all of the Certificateholders and Managing Agents. The relative rights of the Lender Parties, each as against the other, with respect to the exercise of the rights and the receipt of the benefits granted by the Bank Agent shall be determined by mutual agreement among them in accordance with the Bank Loan Documents. Each of the parties hereto (other than the Bank Agent) shall be entitled to rely conclusively on the power and authority of the Bank Agent to act on behalf of all of the Lender Parties. Effect upon Bank Loan Documents and Purchaser Documents. By executing this Agreement, Granite, SRLP and the Transferor agree to be bound by the provisions hereof (a) as they relate to the relative rights of the Bank Agent and the Trustee on behalf of the Trust with respect to the property of Granite and SRLP, and (b) as they relate to the relative rights of SRLP and the Trustee on behalf of the Trust a...
Limitation on Liability of Parties to Each Other. Except as provided in this Agreement, the Lender Parties shall have no liability to the Indenture Trustee, and the Indenture Trustee shall have no liability to the Lender Parties, except in each case for liability arising from the gross negligence or willful misconduct of such party or its representatives. Neither the Indenture Trustee nor the Bank Agent shall have any liability to any other party hereto, in each case, for consequential, indirect, punitive or exemplary damages.
Limitation on Liability of Parties to Each Other. Except with respect to liability for breach of express obligations under this Agreement, no party shall have any liability to any other party except for liability arising from the gross negligence or willful misconduct of such party or its representatives as determined by a court of competent jurisdiction. No fiduciary duties on the part of the Administrator or the Lender Agent are intended to be created under this Agreement, notwithstanding the use of the terms “agent” or “agency.” Each of the Administrator, on the one hand, and the Lender Agent, on the other hand, are independent contractors with respect to the other and neither of them shall be regarded as the agent, trustee or other fiduciary of the other by virtue of this Agreement. The obligations and rights under this Agreement of each of the Administrator and the Lender Agent apply to each such party solely in its capacity as Administrator and Lender Agent, and not in any other capacity.
