Common use of Limitation on Liability Clause in Contracts

Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that the Master Servicer’s or Special Servicer’s liability may be further limited or expanded as set forth in the Servicing Agreement).

Appears in 306 contracts

Samples: Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5), Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C13), Lender Agreement (CSAIL 2017-C8 Commercial Mortgage Trust)

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Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that the Master Servicer’s or Special Servicer’s liability may be is further limited or expanded as set forth in the Servicing Agreement).

Appears in 62 contracts

Samples: Lender Agreement (UBS Commercial Mortgage Trust 2017-C4), Lender Agreement (UBS Commercial Mortgage Trust 2017-C5), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2019-C7)

Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that and the Master Servicer’s or Special Servicer’s liability may be is further limited or expanded as set forth in the Servicing Agreement).

Appears in 39 contracts

Samples: Co Lender Agreement (CD 2017-Cd3 Mortgage Trust), Co Lender Agreement (CFCRE 2016-C4 Mortgage Trust), Lender Agreement (COMM 2015-Ccre27 Mortgage Trust)

Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 20 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that the Master Servicer’s or Special Servicer’s liability may be further limited or expanded as set forth in the Servicing Agreement).

Appears in 36 contracts

Samples: Co Lender Agreement (CSAIL 2019-C18 Commercial Mortgage Trust), Co Lender Agreement (BBCMS Mortgage Trust 2019-C5), Co Lender Agreement (CSAIL 2018-C14 Commercial Mortgage Trust)

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Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement or the Servicing Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that and the Master Servicer’s or Special Servicer’s liability may be is further limited or expanded as set forth in the Servicing Agreement).

Appears in 4 contracts

Samples: Co Lender Agreement (COMM 2016-Ccre28 Mortgage Trust), Co Lender Agreement (CFCRE 2016-C3 Mortgage Trust), Co Lender Agreement (GS Mortgage Securities Trust 2015-Gs1)

Limitation on Liability. Subject to the terms of the Servicing Agreement, no Holder (including the Master Servicer or the Special Servicer on its behalf) shall have any liability to any other Holder with respect to any Note, except (1) with respect to the Advance reimbursement provisions set forth in Section 17 and (2) with respect to losses actually suffered due to the gross negligence, willful misconduct or material breach of this Agreement on the part of such Holder (including the Master Servicer or the Special Servicer on its behalf, except that and the Master Servicer’s 's or Special Servicer’s 's liability may be is further limited or expanded as set forth in the Servicing Agreement).

Appears in 1 contract

Samples: Lender Agreement (COMM 2015-Ccre25 Mortgage Trust)

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