Common use of Acceptance of Trust and Duties Clause in Contracts

Acceptance of Trust and Duties. The [Bank] accepts the trust hereby created and agrees to perform the same, but only upon the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a). The [Bank] agrees to receive, manage and disburse all moneys constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with the terms of this Deposit Trust Agreement. Neither the [Bank] nor the Owner Trustee shall be answerable or accountable under any circumstances, except for (i) its own willful misconduct or [gross] negligence, (ii) the inaccuracy of any of its representations or warranties contained in Section 6.2 of this Deposit Trust Agreement, (iii) its failure to perform obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a), (iv) taxes based on or measured by any fees, commissions or compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement or any other Operative Agreements, (v) its failure to use due care to receive, manage and disburse moneys actually received by it in accordance with the terms hereof, and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VII.

Acceptance of Trust and Duties. The [Bank] Bank accepts the trust hereby created and agrees to perform the same, but only upon the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a). The [Bank] Bank agrees to receive, manage and disburse all moneys constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with the terms of this Deposit Trust Agreement. Neither the [Bank] Bank nor the Owner Trustee shall be answerable or accountable under any circumstances, except for (i) its own willful misconduct or [gross] gross negligence, (ii) the inaccuracy of any of its representations or warranties contained in Section 6.2 of this Deposit Trust Agreement, (iii) its failure to perform obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a), (iv) taxes based on or measured by any fees, commissions or compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement or any other Operative Agreements, (v) its failure to use due care to receive, manage and disburse moneys actually received by it in accordance with the terms hereof, and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VII.

Acceptance of Trust and Duties. The [Bank] Owner Trustee accepts the ------------------------------ trust hereby created and agrees to perform the same, but only upon same on the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a)Agreement. The [Bank] Owner Trustee also agrees to receive, manage and disburse all moneys actually received by it constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with pursuant to the terms of this Deposit Trust Agreement. Neither the [Bank] nor the Owner Trustee The Trust Company shall not be answerable or accountable under any circumstancescircumstances except, except for and in the case of such exceptions shall not be entitled to indemnity hereunder or under any other Operative Document, (i) - for its own willful misconduct (including without limitation willful breach of contract) or [gross] gross negligence, ; (ii) in the case of the inaccuracy of any of its -- representations or warranties contained in Section 6.2 7.3 hereof or in Section 8 of this Deposit Trust Agreement, the Participation Agreement or in any written certificate delivered pursuant to any Operative Document given expressly in its individual capacity and not in its capacity as a trustee hereunder; (iii) as arising from its failure to perform --- obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard last sentence of care set forth Section 6.4 hereof or expressly undertaken by it in Section 5.4(a), 11.2 of the Participation Agreement; (iv) taxes for any Tax based on or measured by any fees, commissions or -- compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement the Operative Documents or any other Operative Agreements, (v) for its - failure to use due ordinary care to receive, manage in the receipt and disburse moneys actually received by it in accordance with the terms hereof, and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VIIdisbursement of funds.

Acceptance of Trust and Duties. The [Bank] Trust Company accepts ------------------------------ the trust hereby created and agrees to perform the same, but only upon same as Owner Trustee on the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a)Agreement. The [Bank] Trust Company also agrees to receive, manage and disburse all moneys actually received by it constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with pursuant to the terms of this Deposit Trust Agreement. Neither the [Bank] nor the Owner Trustee The Trust Company shall not be answerable or accountable under any circumstancescircumstances except, except for and in the case of such exceptions shall not be entitled to indemnity hereunder or under any other Operative Document, (i) for its own willful misconduct (including without limitation - willful breach of contract) or [gross] gross negligence, ; (ii) in the case of the -- inaccuracy of any of its representations or warranties contained in Section 6.2 7.3 hereof or in Section 7 of this Deposit Trust Agreement, the Participation Agreement or in any written certificate delivered pursuant to any Operative Document given expressly in its individual capacity and not in its capacity as a trustee hereunder; (iii) as --- arising from its failure to perform obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard last sentence of care set forth Section 6.4 hereof or expressly undertaken by it in Section 5.4(a), 11.2 of the Participation Agreement; (iv) taxes for any Tax based on or measured by -- any fees, commissions or compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement the Operative Documents or any other Operative Agreements, (v) for its failure to use due ordinary care to receive, manage in the receipt and disburse moneys actually received by it in accordance with the terms hereof, and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VII- disbursement of funds.

Acceptance of Trust and Duties. The [Bank] Bank accepts the trust hereby created and agrees to perform the same, but only upon the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a). The [Bank] , as Owner Trustee, agrees to receive, manage and disburse all moneys constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with the terms of this Deposit Trust Agreement. Neither the [Bank] Bank nor the Owner Trustee shall be answerable or accountable under any circumstances, except for (i) its own willful misconduct misconduct, bad faith or [gross] gross negligence, ; (ii) the inaccuracy of any of its representations or warranties contained in Section 6.2 of this Deposit Trust Agreement, ; (iii) its failure to perform obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a), ; (iv) taxes based on or measured by any fees, commissions or compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement or any other Operative Related Agreements, ; (v) its failure to use due care to receive, manage and disburse moneys actually received by it in accordance with the terms hereof, ; and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VII.

Acceptance of Trust and Duties. The [Bank] Bank accepts the trust hereby created and agrees to perform the same, but only upon the terms of this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a). The [Bank] Bank agrees to receive, manage receive and disburse all moneys constituting part of the Trust Estate actually received by it as Owner Trustee in accordance with the terms of this Deposit Trust Agreement. Neither the [Bank] nor The Bank and the Owner Trustee shall not be answerable or accountable under any circumstances, except for (i) its own willful misconduct or [gross] gross negligence, (ii) the inaccuracy of any of its representations or warranties contained in Section 6.2 of this Deposit Trust Agreement, (iii) its failure to perform obligations expressly undertaken by it in this Deposit Trust Agreement in accordance with the standard of care set forth in Section 5.4(a), (iv) taxes based on or measured by any fees, commissions or compensation received by it for acting as Owner Trustee in connection with any of the transactions contemplated by this Deposit Trust Agreement or any other of the Operative Agreements, (v) its failure to use due care to receive, manage receive and disburse moneys actually received by it in accordance with the terms hereof, or to use due care in the appointment of any Agent with respect to such responsibilities, and (vi) any other claims, amounts or taxes otherwise excluded from the Depositor's indemnity obligations pursuant to Article VII.