Common use of CONCERNING THE LESSOR Clause in Contracts

CONCERNING THE LESSOR. This Lease has been executed by Wilmington Trust Company solely in its capacity as Trustee under the Trust Agreement and not in its individual capacity and in no case shall the Trust Company (or any entity acting as successor or additional Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations of the Trust, the Trustee or the Lessor hereunder, any such liabilities being hereby waived by the other parties hereto provided, that Wilmington Trust Company accepts the benefits running to it hereunder and agrees that it shall be liable in its individual capacity for its own gross negligence or willful misconduct. If a successor Trustee is appointed in accordance with the terms of the Trust Agreement, such successor Trustee shall, without any further act, succeed to all the rights, duties, immunities and obligations of the Lessor hereunder and the predecessor Trustee shall be released from all further duties and obligations hereunder arising after such successor Trustee will have been appointed.

CONCERNING THE LESSOR. This Lease has been executed by --------------------- Wilmington Trust Company solely in its capacity as Trustee under the Trust Agreement and not in its individual capacity and in no case shall the Trust Company (or any entity acting as successor or additional Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations of the Trust, the Trustee or the Lessor hereunder, any such liabilities being hereby waived by the other parties hereto provided, that Wilmington Trust Company accepts the benefits of -------- running to it hereunder and agrees that it shall be liable in its individual capacity for its own gross negligence or willful misconduct. If a successor Trustee is appointed in accordance with the terms of the Trust Agreement, such successor Trustee shall, without any further act, succeed to all the rights, duties, immunities and obligations of the Lessor hereunder and the predecessor Trustee shall be released from all further duties and obligations hereunder arising after such successor Trustee will have been appointed.

CONCERNING THE LESSOR. This Lease has been executed by Wilmington --------------------- Trust Company solely in its capacity as Trustee under the Trust Agreement and not in its individual capacity and in no case shall the Trust Company (or any entity acting as successor or additional Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations of the Trust, the Trustee or the Lessor hereunder, any such liabilities being hereby waived by the other parties hereto provided, that Wilmington Trust Company accepts the benefits or running to it -------- hereunder and agrees that it is shall be liable in its individual capacity for its own gross negligence or willful misconduct. If a successor Trustee is appointed in accordance with the terms of the Trust Agreement, such successor Trustee shall, without any further act, succeed to all the rights, duties, immunities and obligations of the Lessor hereunder and the predecessor Trustee shall be released from all further duties and obligations hereunder arising after such successor Trustee will have been appointed.