Acts of Parties. In exercising any right under the Trust Documents, neither the Issuer nor the Guarantor will be acting in a fiduciary capacity. Any failure by the Issuer, Guarantor or Trustee to exercise any right under the Trust Documents in any instance will not be deemed a waiver of such right in any other instance.
Acts of Parties. In exercising any right under the I-Trust Documents, Xxxxxx Xxx, acting in any capacity other than as Trustee, will not be acting in a fiduciary capacity. Any failure by Xxxxxx Xxx or Trustee to exercise any right under the I-Trust Documents in any instance will not be deemed a waiver of such right in any other instance.
Acts of Parties. In exercising any right under the Q-Trust Documents, Xxxxxx Xxx, acting in any capacity other than as Trustee, will not be acting in a fiduciary capacity. Any failure by Xxxxxx Xxx or Trustee to exercise any right under the Q-Trust Documents in any instance will not be deemed a waiver of such right in any other instance.
