Degree of Care. Any executed orders to be used as Bankers' Acceptances shall be held in safekeeping with the same degree of care as if they were the Lender's own property, and shall be kept at the place at which such orders are ordinarily held by such Lender.
Degree of Care. Golden Pegasus shall employ the degree of care that would be exercised by a prudent manager in discharging obligations comparable to those undertaken by Golden Pegasus hereunder. Golden Pegasus Parties shall not be liable for any claim or loss arising from the performance of Golden Pegasus’s duties hereunder unless it is established by clear and convincing evidence that such degree of care was not employed, and Golden Pegasus Parties shall not be liable for, and are hereby released from, liability with respect to any such claim or loss to the extent that Golden Pegasus has obtained insurance which compensates or indemnifies the Company from such loss or injury. To the extent Golden Pegasus subcontracts or otherwise delegates its responsibilities hereunder to another person or entity, such person or entity shall be selected with reasonable care.
Degree of Care. PMC and its Affiliates shall perform the origination, processing, underwriting, approval, closing, shipping, and other origination services on all Mortgage Loans in all material respects in accordance with all Mortgage Lending Laws and with no less degree of care than PMC or any of its Affiliates exercises in originating other Mortgage Loans for its own account or the account of any third party with similar regulatory profile, provided that in no event shall PMC exercise a lesser degree of care than it exercised in originating Mortgage Loans prior to the Closing Date.
Degree of Care. Recipient shall maintain the Confidential Information using the same degree of care as it uses to protect its own confidential and proprietary information but in any case using no less than a reasonable degree of care. In addition, Recipient shall not use the Confidential Information received from Discloser for its own benefit or, except as expressly provided for herein, disclose the Confidential Information to third parties without the prior written consent of an authorized representative of Discloser.
Degree of Care. Notwithstanding any term or provision of this -------------- Agreement, no Secured Party (including any Secured Party that is a member of the Required Lending Groups) shall incur any liability to AmeriCredit Corp., the Sellers, the Servicer or the Borrower for any action taken or omitted by any Secured Party (including any Secured Party that is a member of the Required Lending Groups) in connection with the Collateral and, further, shall incur no liability to any other Secured Party (including any Secured Party that is part of the Required Lending Groups); provided, however, that the foregoing shall not ----------------- be deemed to relieve any Secured Party of liability for its own gross negligence, bad faith or willful misconduct. Each Secured Party (including any Secured Party that is a member of the Required Lending Groups) shall be protected and shall incur no liability to any such party in relying upon the accuracy, acting in reliance upon the contents and assuming the genuineness of any notice, demand, certificate, signature, instrument or other document believed by such Secured Party to be genuine and to have been duly executed by the appropriate signatory, and (absent manifest error or actual knowledge to the contrary), no such Secured Party shall be required to make any independent investigation with respect thereto. Each Secured Party shall, at all times, be free independently to establish to its reasonable satisfaction the existence or nonexistence, as the case may be, of any fact the existence or nonexistence of which shall be a condition to the exercise or enforcement of any right or remedy under this Agreement or any of the other Basic Agreements.
Degree of Care. Notwithstanding Section 10.1, each Party may disclose Confidential Information received pursuant to this Agreement to its directors, officers, employees, consultants, attorneys and accountants and other agents and representatives, but not to any other third party, provided, however, that all such access is limited to those that have a need-to-know in connection with the business relationship established hereunder, and further provided that such persons and entities are obligated to hold the Confidential Information in confidence in accordance with restrictions and procedures no less stringent than provided for herein. Each Party shall be responsible for any breach of this Section 10 by its directors, officers, employees, consultants, attorneys and accountants and other agents and representatives. Each Party covenants that it shall exercise the same degree of care with respect to the other Party’s Confidential Information as it would its own Confidential Information, and, in any event, shall exercise no less than a reasonable degree of care. Notwithstanding the foregoing, a Party may disclose the Confidential Information belonging to the other Party to the extent such disclosure is reasonably necessary in the context of preparation and filing of regulatory documents (including, without limitation, governmental approvals) to regulatory authorities in connection with the Products pursuant to this Agreement; provided that the disclosing Party notify the other Party in writing of such disclosure and the disclosing Party requests confidential treatment of such disclosure to the extent confidential treatment is reasonably available to such Party.
Degree of Care. Receiving Party shall take the same degree of care that it uses to protect his own confidential and proprietary information of similar nature and importance (but in no event less than reasonable care) to protect the confidentiality and avoid the use, disclosure, publication or dissemination of the Confidential Information of Disclosing Party. Receiving Party shall not, and shall cause his Representatives to not, decompile, disassemble or otherwise reverse engineer (except to the extent expressly permitted by applicable law, notwithstanding a contractual obligation to the contrary) any Confidential Information or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Confidential Information or any portion thereof. Receiving Party shall not use Confidential Information for any purpose or in any manner that would constitute a violation of any laws or regulations, including without limitation the export control laws of the United States.