Common use of Duties and Responsibilities Clause in Contracts

Duties and Responsibilities. (a) Each Auction Agent is acting solely as agent for the Funds with whom such Auction Agent has entered into Request Letters and owes no fiduciary duties to any other Person, other than such Funds, by reason of the Agreements to which such Auction Agent is a party. (b) Each Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a party, and no implied covenants or obligations shall be read into such Agreements against such Auction Agent. (c) In the absence of bad faith or negligence on its part, each Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a party. Each Auction Agent shall not be liable for any error of judgment made in good faith unless such Auction Agent shall have been negligent in ascertaining the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as non-fiduciary agent for the Funds with whom such Auction Agent Company hereunder, has entered into Request Letters only the duties expressly set forth herein, and owes no duties, fiduciary duties or otherwise to any other Person, other than such Funds, Person by reason of this Agreement and no implied duties, fiduciary or otherwise, shall be read into this Agreement against the Agreements to which such Auction Agent is a partyAgent. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in the Agreements to which it is a partythis Agreement, and no implied covenants or obligations shall be read into such Agreements this Agreement against such the Auction Agent. (c) In the absence of bad faith or gross negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as non-fiduciary agent for the Funds with whom such Auction Agent Company hereunder, has entered into Request Letters only the duties expressly set forth herein, and owes no duties, fiduciary duties or otherwise, to any other Person, other than such Funds, Person by reason of this Agreement and no implied duties, fiduciary or otherwise, shall be read into this Agreement against the Agreements to which such Auction Agent is a partyAgent. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in the Agreements to which it is a partythis Agreement, and no implied covenants or obligations shall be read into such Agreements this Agreement against such the Auction Agent. (c) In the absence of bad faith or gross negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as agent for the Funds with whom such Auction Agent has entered into Request Letters hereunder and owes no duties, fiduciary duties or otherwise, to any other Person, other than such Funds, by reason of the Agreements to which such Auction Agent is a party. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements such agreements to which it is a party, and no implied covenants or obligations shall be read into such Agreements the agreements against such the Auction Agent. (c) In the absence of bad faith willful misconduct or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis agreements. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining the pertinent facts.

Duties and Responsibilities. (a) Each Auction Agent is acting solely as agent for the Funds Trusts with whom such Auction Agent has entered into Request Letters and owes no fiduciary duties to any other Person, other than such FundsTrusts, by reason of the Agreements to which such Auction Agent is a party. (b) Each Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a party, and no implied covenants or obligations shall be read into such Agreements against such Auction Agent. (c) In the absence of bad faith or negligence on its part, each Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a party. Each Auction Agent shall not be liable for any error of judgment made in good faith unless such Auction Agent shall have been negligent in ascertaining the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting hereunder solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Corporation and owes no fiduciary duties to any other Person, other than such Funds, person by reason of the Agreements to which such Auction Agent is a partythis Broker- Dealer Agreement. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Broker-Dealer Agreement, and no implied covenants or obligations shall be read into such Agreements this Broker-Dealer Agreement against such the Auction Agent. (c) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Broker- Dealer Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as agent for of the Funds with whom such Auction Agent has entered into Request Letters Issuer and owes no fiduciary duties to any other Person, person (other than such Funds, the Issuer) by reason of the Agreements to which such this Auction Agent is a party. (b) Each Agreement. The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Auction Agent Agreement, and no implied covenants or obligations shall be read into such Agreements this Auction Agent Agreement by means of the provisions of the First Supplemental Indenture or otherwise against such the Auction Agent. (cb) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Auction Agent Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining the pertinent facts. (c) The Auction Agent shall not agree to any amendment to a Broker- Dealer Agreement without the prior written consent of the Issuer, which consent shall not be unreasonably withheld.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Corporation hereunder and owes no fiduciary duties to any other Person, other than such Funds, Person except if provided by reason of the Agreements to which such Auction Agent is a partythis Agreement. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Agreement, and no implied covenants or obligations shall be read into such Agreements this Agreement against such the Auction Agent. (c) In the absence of bad faith gross negligence or negligence willful misconduct on its part, each the Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is Agreement. The Auction Agent shall not be liable for any error of judgment resulting from the use or reliance on a partysource of information used in good faith unless the Auction Agent shall have been grossly negligent in the determination, calculation or declaration thereunder. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as agent for of the Funds with whom such Auction Agent has entered into Request Letters Issuer and owes no fiduciary duties to any other Person, person (other than such Funds, the Issuer) by reason of the Agreements to which such this Auction Agent is a party. (b) Each Agreement. The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Auction Agent Agreement, and no implied covenants or obligations shall be read into such Agreements this Auction Agent Agreement by means of the provisions of the First Supplemental Indenture or otherwise against such the Auction Agent. (cb) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Auction Agent Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining the pertinent facts. (c) The Auction Agent shall not agree to any amendment to a Broker-Dealer Agreement without the prior written consent of the Issuer, which consent shall not be unreasonably withheld.

Duties and Responsibilities. (a) Each The Auction Agent is acting hereunder solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Corporation and owes no fiduciary duties to any other Person, other than such Funds, person by reason of the Agreements to which such Auction Agent is a partythis Broker-Dealer Agreement. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Broker-Dealer Agreement, and no implied covenants or obligations shall be read into such Agreements this Broker-Dealer Agreement against such the Auction Agent. (c) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Broker-Dealer Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting hereunder solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Corporation and owes no fiduciary duties to any other Person, other than such Funds, person by reason of the Agreements to which such Auction Agent is a partythis Broker-Dealer Agreement. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Broker-Dealer Agreement, and no implied covenants or obligations shall be read into such Agreements this Broker-Dealer Agreement against such the Auction AgentAgent by reason of anything set forth in the Official Statement, any other offering material employed in connection with the offering and sale of the Auction Rate Securities, or otherwise. (c) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, taken or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Broker-Dealer Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each Auction Agent is acting solely as agent for the Funds with whom such Auction Agent has entered into Request Letters and owes no fiduciary duties to any other Personperson, other than such Funds, by reason of the Agreements to which such Auction Agent is a party. (b) Each Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a party, and no implied covenants or obligations shall be read into such Agreements against such Auction Agent. (c) In the absence of bad faith or negligence on its part, each Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a party. Each Auction Agent shall not be liable for any error of judgment made in good faith unless such Auction Agent shall have been negligent in ascertaining the pertinent facts.

Duties and Responsibilities. (a) Each Auction The AucTIon Agent is Is acting solely as agent Agent for the Funds with whom such Auction Agent has entered into Request Letters TrusTee hereunder and owes no fiduciary duties to any other Person, other than such Funds, Person by reason of the Agreements to which such Auction Agent is a partythis Agreement. (b) Each Notwithstanding Section 3.01(a) above, the Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in this Agreement and the Agreements to which it is a partyAuction Agent Agreement, and no implied covenants or obligations shall be read into such Agreements this Agreement against such the Auction AgentAgent by reason of anything set forth in the Offering Memorandum or any other offering material employed in connection with the offer and sale of the ARCs, or otherwise. (c) In the absence of Of bad faith faIth or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent factsfacts necessary to make such judgment.

Duties and Responsibilities. (a) Each The Auction Agent is acting hereunder solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Corporation and owes no fiduciary duties to any other Person, other than such Funds, person by reason of the Agreements to which such Auction Agent is a partythis Broker-Dealer Agreement. (b) Each The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a partythis Broker-Dealer Agreement, and no implied covenants or obligations shall be read into such Agreements this Broker-Dealer Agreement against such the Auction AgentAgent by reason of anything set forth in the Offering Memorandum, any other offering material employed in connection with the offering and sale of the Auction Rate Securities, or otherwise. (c) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Broker-Dealer Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as agent for the Funds with whom such Auction Agent has entered into Request Letters Trustee hereunder and owes no fiduciary duties to any other Person, other than such Funds, Person by reason of this Agreement. The parties acknowledge that the Agreements to which such Trustee has no responsibility or liability for the Auction Agent is a partyAgent's performance or conduct under this Agreement. (b) Each Notwithstanding Section 3.01(a) above, the Auction Agent undertakes to perform such duties and only such duties as are specifically set forth in this Agreement, the Agreements Auction Agency Agreement and Appendix A to which it is a partythe Supplemental Indenture, and no implied duties, covenants or obligations shall be read into such Agreements this Agreement against such the Auction AgentAgent by reason of anything set forth in the Prospectus Supplement or any other offering material employed in connection with the offer and sale of the Auction Rate Notes, or otherwise. (c) In the absence of bad faith or negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent factsfacts necessary to make such judgment.

Duties and Responsibilities. (a) Each The Auction Agent is acting solely as a non-fiduciary agent for the Funds with whom such Auction Agent has entered into Request Letters Trustee hereunder and owes no fiduciary duties to any other Person, other than such Funds, person by reason of the Agreements to which such Auction Agent is a partythis Agreement. (b) Each The Auction Agent undertakes hereunder to perform such duties and only such duties as are specifically set forth in the Agreements to which it is a party, Auction Agent Agreement or herein or expressly incorporated in the Auction Agent Agreement or herein by reference against the Auction Agent and no implied covenants or obligations shall be read into such Agreements this Agreement by means of the provisions of each Trust Indenture or otherwise against such the Auction Agent. (c) In the absence of bad faith willful misconduct or gross negligence on its part, each the Auction Agent shall not be liable for any action taken, suffered, suffered or omitted or for any error of judgment made by it in the performance of its duties under the Agreements to which it is a partythis Agreement. Each The Auction Agent shall not be liable for any error of judgment made in good faith unless such the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.