Common use of The Liquidators Clause in Contracts

The Liquidators. 19.1 The Liquidators are entering into and signing this agreement as agents of RG and have been acting in that capacity in the negotiation, preparation and implementation of this agreement. 19.2 The Liquidators and their staff, employees, advisers and agents shall incur no personal liability whatsoever in respect of any matter referred to in this agreement or any other deed, instrument or document entered into pursuant to it and, without prejudice to the generality of the foregoing, in respect of any of the obligations undertaken by RG or in respect of any failure on the part of RG to observe, perform or comply with any such obligations or in relation to any associated arrangements or negotiations whether such liability would arise under the Insolvency ▇▇▇ ▇▇▇▇ or otherwise howsoever and any liability to which the Liquidators or their staff, employees, advisers and agents would otherwise be subject (whether in contract, tort or otherwise) is expressly excluded. 19.3 Without prejudice to clause 15 and sub-clause 18.3, in favour of the Liquidators and RG, all representations (including pre-contractual negligent and innocent misrepresentations) and warranties express or implied, and whether statutory or otherwise, relating to the subject matter of this agreement are excluded. 19.4 Any claim against RG and/or against the Liquidators, or their firm or their partners, employees, agents advisers or representatives shall, in any event, notwithstanding the above exclusions of liability, be irrevocably waived unless made in writing by notice to the Liquidators not later than 90 days after the date hereof, the first day of such 90 days' period to be the day immediately following the date hereof. 19.5 The exclusion of liability in this agreement shall: 19.5.1 arise and continue notwithstanding the termination of the Liquidators' agency before or after the signing of this agreement and shall operate as waivers of any claims in tort as well as under the law of contract; 19.5.2 be in addition to and not in substitution for and notwithstanding any right of indemnity or relief otherwise available; and

Appears in 2 contracts

Sources: Settlement Deed (Marconi Corp PLC), Settlement Deed (Marconi PLC)