EFTA01107573Set 9
2012-11-1612p5,192w
legal fees and court costs, arising out of or caused by Customer's
negligence, gross negligence, or willful misconduct of Customer, its officers, agents, and
employees or Customer's breach ... including legal fees and court costs, arising out of or caused by its negligence,
gross negligence, or willful misconduct except in the case of negligence, gross negligence, or
willful misconduct
https://www.justice.gov/epstein/files/DataSet%209/EFTA01107573.pdf
EFTA00585770Set 9
2013-12-176p2,934w
liable for a loss solely and directly
caused by such person's gross negligence, willful misconduct or breach of this Agreement; provided,
however, that in no event shall the aggregate ... Epstein's and STC's joint and several
liability for any such gross negligence, willful misconduct or breach exceed the total amount of Fee
payments actually received from Mr. Zuckerman ... standard of care so that any type negligence would
equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA00585770.pdf
EFTA01120866Set 9
2013-08-297p3,337w
loss solely and directly caused by Mr. Epstein's or STC's gross negligence,
willful misconduct or breach of this Agreement; provided, however, that in no event shall the
aggregate ... Epstein's and STC's joint and several liability for any such gross negligence,
willful misconduct or breach exceed the total amount of Fee payments actually received by STC under ... standard of
care so that any type negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA01120866.pdf
EFTA00298197Set 9
2013-12-167p3,212w
loss solely and directly caused by Mr. Epstein's or STC's gross negligence,
willful misconduct or breach of this Agreement; provided, however, that in no event shall the
aggregate ... Epstein's and STC's joint and several liability for any such gross negligence,
willful misconduct or breach exceed the total amount of Fee payments actually received by STC under ... standard of
care so that any type negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA00298197.pdf
EFTA00587066Set 9
2013-12-167p3,213w
loss solely and directly caused by Mr. Epstein's or STC's gross negligence,
willful misconduct or breach of this Agreement; provided, however, that in no event shall the
aggregate ... Epstein's and STC's joint and several liability for any such gross negligence,
willful misconduct or breach exceed the total amount of Fee payments actually received by STC under ... standard of
care so that any type negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA00587066.pdf
EFTA01140740Set 9
2013-12-176p2,960w
liable for a loss solely and directly
caused by such person's gross negligence, willful misconduct or breach of this Agreement; provided,
however, that in no event shall the aggregate ... Epstein's and STC's joint and several
liability for any such gross negligence, willful misconduct or breach exceed the total amount of Fee
payments actually received from Mr. Zuckerman ... Sits standard of care so that any type negligence would
equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA01140740.pdf
EFTA01087017Set 9
2013-08-217p3,371w
loss solely and directly caused by Mr. Epstein's or STC's gross negligence,
willful misconduct or breach of this Agreement; provided, however, that in no event shall the
aggregate ... Epstein's and STC's joint and several liability for any such gross negligence,
willful misconduct or breach exceed the total amount of Fee payments actually received by STC under ... standard of
care so that any type negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any incidental, special,
indirect
https://www.justice.gov/epstein/files/DataSet%209/EFTA01087017.pdf
EFTA00585976Set 9
2013-06-268p3,244w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments actually received ... standard of care so that any type negligence would equate to gross
negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA00585976.pdf
EFTA01108435Set 9
2014-07-318p3,584w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments and Additional Consideration actually ... standard of care so that any type
negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA01108435.pdf
EFTA00624733Set 9
2013-06-268p3,204w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments actually received ... standard of care so that any type negligence would equate to gross
negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA00624733.pdf
EFTA00585968Set 9
2013-06-268p3,210w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments actually received ... standard of care so that any type negligence would equate to gross
negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA00585968.pdf
EFTA01108443Set 9
2013-07-018p3,357w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments and Additional Consideration actually ... standard of care so that any type
negligence would equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA01108443.pdf
EFTA00624741Set 9
2013-06-268p3,238w
Proprietary Services,
other than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement; provided, however, that in no event shall ... Epstein's and
STC's joint and several liability for any such asserted gross negligence, willful misconduct or breach
exceed the total amount of Fee payments actually received ... standard of care so that any type negligence would equate to gross
negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental
https://www.justice.gov/epstein/files/DataSet%209/EFTA00624741.pdf
EFTA01187485Set 9
2012-12-0526p7,790w
that establish that Mr. Epstein could ever be found "guilty of
intentional misconduct or gross negligence" as is required to recover punitive damages
under §768.72 of the Florida Statutes . Both ... identify one act purportedly taken
record evidence in this case
intent or degree of gross negligence. Moreover, because the
to support Edwards's underlying
is absolutely devoid of any factual ... punitive damages only
that the defendant
fact, based on clear and convincing evidence, finds
gross neglig ence.
was personally guilty of intentional misconduct or
As used in this section
https://www.justice.gov/epstein/files/DataSet%209/EFTA01187485.pdf
EFTA00298416Set 9
2013-02-137p2,642w
connection with
the Services, other than as a result of your or STC's gross negligence, willful misconduct
or breach of this Agreement. Mr. Black agrees that the amount involved ... standard of care so
that any type negligence would equate to gross negligence.
(e) In no event shall you or S'fC be liable for any injury, or any
incidental ... action or failure to act by you or STC that
constitutes fraud, bad faith, gross negligence, or willful misconduct on the part of you or
STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00298416.pdf
EFTA01114428Set 9
2013-02-137p2,649w
connection with
the Services, other than as a result of your or STC's gross negligence, willful misconduct
or breach of this Agreement. Mr. Black agrees that the amount involved ... standard of care so
that any type negligence would equate to gross negligence.
(e) In no event shall you or S'fC be liable for any injury, or any
incidental ... action or failure to act by you or STC that
constitutes fraud, bad faith, gross negligence, or willful misconduct on the part of you or
STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114428.pdf
EFTA01084755Set 9
2013-02-137p2,663w
connection with
the Services, other than as a result of your or STC's gross negligence, willful misconduct
or breach of this Agreement. Mr. Black agrees that the amount involved ... standard of care so
that any type negligence would equate to gross negligence.
(e) In no event shall you or STC be liable for any injury, or any
incidental, special ... action or failure to act by you or STC that
constitutes fraud, bad faith, gross negligence, or willful misconduct on the part of you or
STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01084755.pdf
EFTA00587144Set 9
2013-02-1312p6,098w
Proprietary Services, other
than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement. Mr. Black agrees that the amount involved ... standard of care so that any type negligence would
equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental ... failure to act by Mr. Epstein or STC that constitutes fraud, bad faith, gross negligence, or willful
misconduct on the part of Mr. Epstein or STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00587144.pdf
EFTA00589520Set 9
2013-02-1312p6,096w
Proprietary Services, other
than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement. Mr. Black agrees that the amount involved ... standard of care so that any type negligence would
equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental ... failure to act by Mr. Epstein or STC that constitutes fraud, bad faith, gross negligence, or willful
misconduct on the part of Mr. Epstein or STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00589520.pdf
EFTA01082170Set 9
2013-01-0112p6,266w
Proprietary Services, other
than as a result of Mr. Epstein's or STC's gross negligence, willful misconduct or breach of this
Agreement. Mr. Black agrees that the amount involved ... standard of care so that any type negligence would
equate to gross negligence.
(e) In no event shall Mr. Epstein or STC be liable for any injury, or any incidental ... failure to act by Mr. Epstein or STC that constitutes fraud, bad faith, gross negligence, or willful
misconduct on the part of Mr. Epstein or STC). Mr. Black agrees that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01082170.pdf