Common use of Liability of the Bank Clause in Contracts

Liability of the Bank. Neither Bank nor any of its officers or directors shall be liable or responsible for: (i) the use which may be made of the Letter of Credit or for any acts or omissions of the Trustee and any transferee in connection therewith; (ii) the validity, sufficiency or genuineness of documents, or of any endorsements) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (iii) payment by Bank against presentment of documents which do not strictly comply with the terms of the Letter of Credit, including but not limited to, failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (iv) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit, except only that Borrower shall have a claim against Bank, and Bank shall be liable to the Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Borrower which the Borrower proves were caused by (A) Bank's willful misconduct or gross negligence in determining whether documents presented under the Letter of Credit comply with the terms of the Letter of Credit, or (B) Bank's willful or grossly negligent failure to pay under the Letter of Credit after the presentation to it by the Trustee of a draft and certificate strictly complying with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoing, Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.

Liability of the Bank. The Borrower, to the extent permitted by applicable law, assume all risks of the acts or omissions of the Trustee and any beneficiary or transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers officers, directors, employees, agents or directors consultants shall be liable or responsible for: : (ia) the use which may be made of the Letter of Credit or for any acts or omissions of the Trustee and or any beneficiary or transferee in connection therewith; ; (iib) the validity, sufficiency or genuineness of documents, or of any endorsementsendorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; ; (iiic) payment by the Bank against presentment presentation of documents which do not strictly comply with the terms of the Letter of Credit, including but not limited to, failure of any documents to bear any reference or adequate reference to the Letter of Credit; or or (ivd) any other circumstances whatsoever in any way related to the making or failing failure to make payment under the Letter of Credit, ; except only that the Borrower shall have a claim against the Bank, and the Bank shall be liable to the Borrower, to the extent, extent but only to the extent, of any direct, as opposed to consequential, damages suffered by the Borrower which the Borrower proves were caused by (Ai) Bank's willful misconduct or gross negligence of the Bank in determining whether documents presented under the Letter of Credit comply complied with the terms of the Letter of Credit, Credit or (Bii) Bank's willful or grossly negligent wrongful failure of the Bank to pay under the Letter of Credit after the presentation to it by the Trustee or a successor trustee under the Indenture of a sight draft and certificate strictly complying with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoing, the Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.

Liability of the Bank. Neither Bank nor any of its officers or ---------------------- directors shall be liable or responsible for: (i) the use which may be made of the a Letter of Credit or for any acts or omissions of the Trustee and any transferee in connection therewith; (ii) the validity, sufficiency or genuineness of documents, or of any endorsementsendorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (iii) payment by Bank against presentment of documents which do not strictly comply with the terms of the a Letter of Credit, including but not limited to, failure of any documents to bear any reference or adequate reference to the a Letter of Credit; or (iv) any other circumstances whatsoever in making or failing to make payment under the a Letter of Credit, except only that Borrower shall have a claim against Bank, and Bank shall be liable to the Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Borrower which the Borrower proves were caused by (A) Bank's willful misconduct or gross negligence in determining whether documents presented under the a Letter of Credit comply with the terms of the a Letter of Credit, Credit or (B) Bank's willful or grossly negligent failure to pay under the a Letter of Credit after the presentation to it by the Trustee of a draft and certificate strictly complying with the terms and conditions of the a Letter of Credit. In furtherance and not in limitation of the foregoing, Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.

Liability of the Bank. Neither the Bank nor any of its officers directors, officers, employees or directors agents shall be liable or responsible for: for (ia) the use which that may be made of the Letter of Credit or for any acts or omissions of the Trustee and any transferee in connection therewith; , (iib) the validity, sufficiency or genuineness of documentsdocuments other than the Letter of Credit, or of any endorsementsendorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; , (iiic) payment by the Bank against presentment presentation of documents which that do not strictly comply with the terms of the Letter of Credit, including but not limited to, failure of any documents to bear any reference or adequate reference to the Letter of Credit; , or (ivd) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit, except only that Borrower the Account Party shall have a claim against the Bank, and the Bank shall be liable to the BorrowerAccount Party, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Borrower which Account Party that the Borrower Account Party proves were caused by (A) the Bank's willful misconduct or gross negligence in determining whether documents presented under the Letter of Credit comply with the terms of the Letter of Credit, Credit and there shall have been a wrongful payment as a result thereof or (B) the Bank's wrongful and willful or grossly negligent failure to pay under the Letter of Credit after the presentation to it by the Trustee (or a successor trustee under the Indenture to whom the Letter of Credit has been transferred in accordance with its terms) of a draft and certificate strictly complying with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoingforegoing and unless the Bank has actual knowledge to the contrary, the Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.