Reliance and Liability. The Collateral Agent shall not be liable for any action lawfully taken or omitted to be taken by it under or in connection with this Agreement, and the Holder hereby waives and shall not assert any right, claim or cause of action based thereon, except to the extent of liabilities resulting from the gross negligence or willful misconduct of the Collateral Agent in connection with the duties expressly set forth herein. Without limiting the foregoing, the Collateral Agent:
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Capital Trust Inc), Pledge and Security Agreement (Capital Trust Inc), Collateral Agreement (Capital Trust Inc)