Common use of Lessor's Entry Into Lease Clause in Contracts

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant Participant, that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or and the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant and the Indenture Trustee, that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or and the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB FSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB FSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant Participant, that nothing herein contained shall be construed as creating any liability on SSBFSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSBFSB, and that so far as SSBFSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB FSB in its individual capacity set forth in the Participation Agreement or and the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB FSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant and the Indenture Trustee that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB WTC not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB WTC be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant Participants, that nothing herein contained shall be construed as creating any liability on SSBWTC, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSBWTC, and that so far as SSBWTC, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB WTC in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB WTC as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the any Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant and the Indenture Trustee, that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB FSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB FSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant and the Indenture Trustee, that nothing herein contained shall be construed as creating any liability on SSBFSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSBFSB, and that so far as SSBFSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB FSB in its individual capacity set forth in the Participation Agreement or and the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB FSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant Participants that nothing herein contained shall be construed as creating any liability on SSB, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSB, and that so far as SSB, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the any Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.

Lessor's Entry Into Lease. Except as expressly provided herein, the Lessor and the Lessee agree that this Lease is executed by SSB NBD not individually but solely as Owner Trustee under the Trust Agreement in the exercise of the power and authority conferred and vested in it as such Owner Trustee, that each and all of the representations, undertakings and agreements by the Lessor herein are for the purpose and with the intention of binding only the Lessor's Estate, and that in no case whatsoever shall SSB NBD be personally liable for any loss in respect of such representations, undertakings and agreements, that actions to be taken by the Lessor pursuant to its obligations obligation hereunder may, in certain instances, be taken by the Lessor only upon specific authority of the Owner Participant and the Indenture Trustee, that nothing herein contained shall be construed as creating any liability on SSBNBD, individually or personally, to perform any covenant, either express or implied, herein, all such liability, if any, being expressly waived by the Lessee and by each and every Person now or hereafter claiming by, through or under the Lessee except with respect to the gross negligence or willful misconduct of SSBNBD, and that so far as SSBNBD, individually or personally is concerned, the Lessee and any Person claiming by, through or under the Lessee shall look solely to the Lessor's Estate for the performance by the Lessor of any of its obligations under this Lease; provided, that nothing in this Section 24.01 shall be construed to limit in scope or substance those representations and warranties of SSB NBD in its individual capacity set forth in the Participation Agreement or the Trust Agreement. The term "Lessor" as used in this Lease shall include any trustee succeeding SSB NBD as Owner Trustee under the Trust Agreement. Any obligation of the Lessor hereunder may be performed by the Owner Participant, and any such performance shall not be construed as revocation of the trust created by the Trust Agreement. Nothing contained in this Lease shall restrict the operation of the provisions of the Trust Agreement with respect to its revocation of the resignation or removal of the Owner Trustee hereunder.