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 or bad faith; in no event shall the 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 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;
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Samples: Exchange Agent Agreement (United Rentals Realty, LLC), Exchange Agent Agreement (United Rentals Realty, LLC)
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 or bad faithmisconduct; in no event shall the Depositary 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 Depositary 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;
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Samples: Exchange Agent Agreement (Aerojet Rocketdyne of DE, Inc.), Exchange Agent Agreement (ACCO International Holdings, Inc.)
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 misconduct or bad faithor; in no event shall the Depositary 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 Depositary 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;
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Samples: Exchange Agent Agreement (Ryerson International Material Management Services, Inc.)
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 or bad faithmisconduct; in no event shall the Depositary 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 Depositary 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;
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