Common use of The Exchange Agent Clause in Contracts

The Exchange Agent. (a) shall not be liable for any act or omission by it unless such act or omission constitutes gross negligence or willful misconduct; in no event shall the Exchange Agent be liable to a securityholder, the Company or any third party for special, punitive, indirect or consequential damages, including but not limited to lost profits, irrespective of whether the Exchange Agent has been advised of the likelihood of such loss or damage and regardless of the form of action arising in connection with this Agreement;

The Exchange Agent. (a) shall not be liable for any act or omission by it unless such act or omission constitutes gross negligence or willful misconductmisconduct or bad faith; in no event shall the Exchange Agent Depositary be liable to a securityholder, the Company or any third party for special, punitive, indirect or consequential damages, including but not limited to lost profits, irrespective of whether the Exchange Agent Depositary has been advised of the likelihood of such loss or damage and regardless of the form of action arising in connection with this Agreement;

The Exchange Agent. (a) shall not be liable for any act or omission by it unless such act or omission constitutes gross negligence or willful misconduct; in no event shall the Exchange Agent it be liable to a securityholder, the Company or any third party for special, punitive, indirect or consequential damages, including but not limited to lost profits, irrespective of whether the Exchange Agent it has been advised of the likelihood of such loss or damage and regardless of the form of action arising in connection with this Agreement;

The Exchange Agent. (a) shall not be liable for any act or omission by it unless such act or omission constitutes gross negligence or negligence, willful misconductmisconduct or; in no event shall the Exchange Agent be liable to a securityholder, the Company or any third party for special, punitive, indirect or consequential damages, including but not limited to lost profits, irrespective of whether the Exchange Agent has been advised of the likelihood of such loss or damage and regardless of the form of action arising in connection with this Agreement;