Common use of APPOINTMENT OF THE CALCULATION AGENT Clause in Contracts

APPOINTMENT OF THE CALCULATION AGENT. (a) The Trustee (acting on the direction of the Manager) appoints the Calculation Agent as its reference agent in respect of the Offshore Notes upon the terms and conditions set forth in this agreement and the Calculation Agent accepts that appointment. (b) It is acknowledged and agreed that: (i) the Calculation Agent is the agent of the Trustee in its capacity as trustee of the Trust only; and (ii) despite anything else in this agreement, any other Transaction Document or at law, the Trustee in its personal capacity is not responsible for any act or omission of the Calculation Agent except to the extent of losses, costs, claims or damages caused by the fraud, negligence or Default of the Trustee.

APPOINTMENT OF THE CALCULATION AGENT. (a) The Trustee (acting on the direction of the Manager) appoints the Calculation Agent as its reference agent in respect of the Offshore US$ Notes upon the terms and conditions set forth in this agreement and the Calculation Agent accepts that appointment. (b) It is acknowledged and agreed that: (i) the Calculation Agent is the agent of the Trustee in its capacity as trustee of the Trust only; , and (ii) despite anything else in this agreement, any other Transaction Document or at law, the Trustee in its personal capacity is not responsible for any act or omission of the Calculation Agent except to the extent of losses, costs, claims or damages caused by the fraud, negligence or Default of the Trustee.