Common use of Acceptance of Trust and Duties Clause in Contracts

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. (a) The Owner Trustee accepts the trust hereby created xxxxxx continued and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic DocumentsDocuments and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 6.3 expressly made by the Owner Trustee in its individual capacityTrustee, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof5.4, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. (a) The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic DocumentsDocuments and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 6.3 expressly made by the Owner Trustee in its individual capacityTrustee, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof5.4, (iv) for any investments issued by the Owner Trustee or any branch or affiliate Affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Operative Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Operative Document under any circumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust and duties hereby created and agrees to perform its duties hereunder with respect to such trust the same, but only upon the terms of this Trust Agreement. The Owner Trustee agrees to receive, manage and the Certificate Paying Agent also agree to disburse all monies moneys constituting part of the Trust Estate actually received by it constituting part of as the Owner Trust Estate upon Trustee in accordance with the terms of this Agreement or the Basic DocumentsTrust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except for (i) for its own willful misconduct, bad faith misconduct or gross negligence, (ii) in the case of the inaccuracy of any representation of its representations or warranty warranties contained in Section 7.3 expressly made by 6.3 of this Trust Agreement or Section 6.1 of the Owner Trustee in its individual capacityParticipation Agreement, (iii) for liabilities arising from the its failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof5.4 of this Trust Agreement or in Section 8.2(a) of the Participation Agreement, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, Taxes based on or measured by, by any fees, commissions or compensation received by it for acting as the Owner Trustee. In particularTrustee in connection with any of the transactions contemplated by the Operative Agreements, but not or (v) its failure to use ordinary care to receive, manage and disburse moneys actually received by way it in accordance with the terms of limitation (and subject to the exceptions set forth in the preceding sentence):Operative Agreements.

Acceptance of Trust and Duties. The Owner Trustee accepts the trust trusts hereby created and agrees to perform its duties hereunder with respect to such trust trusts but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate Property upon the terms of the Related Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Related Document under any circumstances, except (i) for its own willful misconduct, bad faith misconduct or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity7.3, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner TrusteeTrustee in connection with any of the transactions contemplated by this Agreement or any Related Document. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. (a) The Owner Trustee accepts the trust hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic DocumentsDocuments and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 6.3 expressly made by the Owner Trustee in its individual capacityTrustee, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof5.4, (iv) for any investments issued by the Owner Trustee or any branch or affiliate Affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust and duties hereby created and agrees to perform its duties hereunder with respect to such trust the same, but only upon the terms of this Trust Agreement. The Owner Trustee agrees to receive, manage and the Certificate Paying Agent also agree to disburse all monies moneys constituting part of the Trust Estate actually received by it constituting part of as the Owner Trust Estate upon Trustee in accordance with the terms of this Agreement or the Basic DocumentsTrust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except for (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation of its representations or warranty warranties contained in Section 7.3 expressly made by 6.3 of this Trust Agreement or Section 6.1 of the Owner Trustee in its individual capacityParticipation Agreement, (iii) for liabilities arising from the its failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof5.4 of this Trust Agreement or in Section 8.2(a) of the Participation Agreement, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, Taxes based on or measured by, by any fees, commissions or compensation received by it for acting as the Owner Trustee. In particularTrustee in connection with any of the transactions contemplated by the Operative Agreements, but not or (v) its failure to use ordinary care to receive, manage and disburse moneys actually received by way it in accordance with the terms of limitation (and subject to the exceptions set forth in the preceding sentence):Operative Agreements.

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Operative Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Operative Document under any circumstances, except (i) for its own willful misconduct, bad faith or 18 23 gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Operative Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Operative Document under any circumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 7.03 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 6.04 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic DocumentsDocuments and this Agreement. The Owner Trustee in its individual capacity shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust trusts but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement or the Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, bad faith or negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Operative Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Operative Document under any circumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Acceptance of Trust and Duties. The Owner Trustee accepts the trust hereby created and agrees to perform its duties hereunder with respect to such trust but only upon the terms of this Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Operative Documents and this Agreement or the Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Operative Document under any circumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy 21 26 of any representation or warranty contained in Section 7.3 expressly made by the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):