Liability of Seller. (a) The Seller will be liable in accordance with this Agreement only to the extent of the obligations specifically undertaken by the Seller under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Seller and the issuance of the Notes. Notwithstanding the foregoing, this Section 4.1 will not protect the Seller against any liability that would otherwise be imposed by reason of willful misconduct, bad faith or negligence in the performance of its duties under this Agreement.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (Ford Credit Floorplan Corp)