Documents and this Agreement Clause Samples
The "Documents and this Agreement" clause defines the relationship between the main agreement and any related documents, such as schedules, exhibits, or appendices. It typically clarifies which documents are considered part of the agreement, how conflicts between documents are resolved, and the order of precedence if inconsistencies arise. This clause ensures that all referenced materials are legally binding and provides a clear framework for interpreting the agreement as a whole, thereby preventing disputes over which terms govern in case of ambiguity.
Documents and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except for (i) its own willful misconduct or negligence or (ii) the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):
Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction 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 Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) 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):