Common use of Liability of Resident Delaware Trustee Clause in Contracts

Liability of Resident Delaware Trustee. Except as otherwise provided in this Article II, in accepting the trust created hereby, Wilmington Trust Company (or any successor Resident Delaware Trustee appointed pursuant to Section 2.1(b) or Section 2.5 hereof) acts solely as Resident Delaware Trustee hereunder and not in its individual capacity, and all Persons having any claim against Wilmington Trust Company (or any successor Resident Delaware Trustee) by reason of the transactions contemplated by this Trust Agreement and any other agreement to which the Trust is a party shall look only to the Trust Estate for payment or satisfaction thereof. The Resident Delaware Trustee shall not be liable or accountable hereunder to the Trust or to any other Person or under any other agreement to which the Trust is a party, except for the Resident Delaware Trustee’s own actual fraud or willful misconduct. In particular, but not by way of limitation:

Liability of Resident Delaware Trustee. Except as otherwise provided in this Article II, in accepting the trust created hereby, Wilmington Trust Company (or any successor Resident Delaware Trustee appointed pursuant to Section 2.1(b) or Section 2.5 2.5(a) hereof) acts solely as Resident Delaware Trustee hereunder and not in its individual capacity, and all Persons having any claim against Wilmington Trust Company (or any successor Resident Delaware Trustee) by reason of the transactions contemplated by this Trust Agreement and any other agreement to which the Trust is a party shall look only to the Trust Estate for payment or satisfaction thereof. The Resident Delaware Trustee shall not be liable or accountable hereunder to the Trust or to any other Person or under any other agreement to which the Trust is a party, except for the Resident Delaware Trustee’s own actual fraud or willful misconduct. In particular, but not by way of limitation: