Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for: (a) the use which may be made of the Note Policy by the Owner Trustee or the Indenture Trustee or for any acts or omissions of the Owner Trustee or the Indenture Trustee in connection therewith; or (b) the validity, sufficiency, accuracy or genuineness of documents delivered to Financial Security (or its Fiscal Agent) in connection with any claim under the Note Policy, or of any signatures thereon, even if such documents or signatures should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged (unless Financial Security shall have actual knowledge thereof). In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation.
Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for (a) the unauthorized use which may be made of the Policies by the Indenture Trustee or the Owner Trustee or any unauthorized acts or omissions of the Indenture Trustee or the Owner Trustee in connection with the Policies; or (b) the validity, sufficiency, accuracy or genuineness of documents, or of any endorsement(s) thereto, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; or (c) any acts or omissions to act of the Indenture Trustee in connection with the Collateral other than such acts or omissions that are at the direction of Financial Security. In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation. Each of the Owner Trustee, the Indenture Trustee and each Western Entity acknowledges that it has not relied on any information or materials provided by Financial Security in connection with the issuance of the Notes and the Certificates except for the information furnished in writing by Financial Security for inclusion in the Registration Statement. Each of them also acknowledges that it has not relied on any investigation by Financial Security of the Collateral or of the financial statements or other financial statistical data used in connection with the issuance of the Certificates.
Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for: (a) the use which may be made of the Policy by the Trustee or for any acts or omissions of the Trustee in connection therewith or (b) the validity, sufficiency, accuracy or genuineness of documents delivered to Financial Security (or its Fiscal Agent) in connection with any claim under the Policy, or of any signatures thereon, even if such documents or signatures should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged (unless Financial Security had actual knowledge thereof). In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation.
Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for: (a) the use which may be made of the Policy by the Indenture Trustee or the Owner Trustee or for any acts or omissions of the Indenture Trustee or the Owner Trustee in connection therewith or (b) the validity, sufficiency, accuracy or genuineness of documents delivered to Financial Security (or its Fiscal Agent) in connection with any claim under the Policy, or of any signatures thereon, even if such documents or signatures should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged (unless Financial Security had actual knowledge thereof). In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation.
Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for (a) the unauthorized use which may be made of the Policy by the Indenture Trustee or the Owner Trustee or any unauthorized acts or omissions of the Indenture Trustee or the Owner Trustee in connection with the Policy; or (b) the validity, sufficiency, accuracy or genuineness of documents, or of any endorsement(s) thereto, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; or (c) any acts or omissions to act of the Indenture Trustee in connection with the Collateral other than such acts or omissions that are at the direction of Financial Security. In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation. Each of the Owner Trustee, the Indenture Trustee and each Western Entity acknowledges that it has not relied on any information or materials provided by
Liability of Financial Security. 36 Section 3.09. Payment of Costs, Fees and Expenses.........................................37 Section 3.10. Payment Procedure...........................................................37 Section 3.11. Business Days...............................................................37 Section 3.12. Waivers and Consents by Seller and WFS......................................38 Section 3.13. Purchase of Replacement Swap Agreement......................................38
Liability of Financial Security. 48 Page ARTICLE V. EVENTS OF DEFAULT; REMEDIES
Liability of Financial Security. Neither Financial Security nor any of its officers, directors or employees shall be liable or responsible for (a) the unauthorized use which
Liability of Financial Security. Each of the Issuer, the ------------------------------- Servicer, TFCRC III, the Parent, TFC, the Back-up Servicer and the Successor Servicer agree that neither Financial Security, nor any of its officers, directors or employees shall be liable or responsible for (except to the extent of its own gross negligence or willful misconduct): (a) the use which may be made of the Policy by or for any acts or omissions of another Person in connection therewith or (b) the validity, sufficiency, accuracy or genuineness of any documents delivered to Financial Security, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged. In furtherance and not in limitation of the foregoing, Financial Security may accept documents that appear on their face to be in order, without responsibility for further investigation.
Liability of Financial Security. Neither Financial Security nor any of its officers, directors, employees or agents shall be liable or responsible for: (a) the use which may be made of the Policy by the Borrower, SPARC, the Secondary Purchaser, the Originators, MCII Coaches, MCII Holdings, the Performance Guarantor, the Servicer, or the Administrative Agent or for any acts or omissions of the Borrower, the Performance Guarantor, MCII Holdings, MCII Coaches, the Originators, the Servicer, SPARC or the Administrative Agent in connection therewith; or (b) the validity, sufficiency, accuracy or genuineness of documents delivered to Financial Security (or its Fiscal Agent) in connection with any claim under the Policy, or of any signatures thereon, even if such documents or signatures should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged (unless Financial Security shall have actual knowledge thereof). In furtherance and not in limitation of the foregoing, Financial Security (or its Fiscal Agent) may accept documents that appear on their face to be in order, without responsibility for further investigation.
