Common use of Fraud, negligence or wilful default Clause in Contracts

Fraud, negligence or wilful default. The provisions of this Clause 15 will not apply to any obligation or liability of the Issuer to the extent that it is not satisfied because under the Master Trust Deed, the Series Supplement or any other Transaction Document in relation to the Series Trust or by operation of law there is a reduction in the extent of the Issuer’s indemnification out of the Assets of the Series Trust as a result of the Issuer’s fraud, negligence or wilful default and will not apply to any obligation or liability of the Issuer to pay amounts from its personal funds.

Appears in 9 contracts

Samples: Agency Agreement (SMART ABS Series 2016-2us Trust), Agency Agreement (Macquarie Leasing Pty LTD), Agency Agreement (Macquarie Leasing Pty LTD)

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