Common use of Limitation of Liability; Indemnification of the Bank Clause in Contracts

Limitation of Liability; Indemnification of the Bank. The Seller and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Seller and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank’s bad faith, willful misconduct or negligence and (b) the Seller, its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder which indemnity shall survive the termination of this Agreement or the earlier of the removal or resignation of the Bank.

Limitation of Liability; Indemnification of the Bank. The Seller Private Owner and the Buyer Initial Member hereby agree that (a) the Bank is i~ released from any and all liabilities to the Seller Private Owner and the Buyer Initial Member arising from the terms of this Agreement and the compliance of by the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank’s 's bad faith, willful misconduct or negligence and (b) the SellerPrivate Owner, its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance perfommnce of this Agreement or the maintenance of the Collection Private Owner Pledged Account, including the reasonable actual costs and expenses of defending themselves against any claim or liability in connection with the performance perfonnance of any of their powers or duties hereunder. The Bank's right to indemnification hereunder which indemnity shall survive the termination of this Agreement or and the earlier of the resignation or removal or resignation of the Bank.

Limitation of Liability; Indemnification of the Bank. The Seller Company and the Buyer Participant hereby agree that (a) the Bank is released from any and all liabilities to the Seller Company and the Buyer Participant arising from the terms of this Agreement and the compliance of by the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank’s bad faith, willful misconduct or negligence and (b) the SellerCompany, its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the reasonable actual costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder. The Bank’s right to indemnification hereunder which indemnity shall survive the termination of this Agreement or and the earlier of the resignation or removal or resignation of the Bank.

Limitation of Liability; Indemnification of the Bank. The Seller Company and the Buyer Collateral Agent hereby agree that (a) the Bank is released from any and all liabilities to the Seller Company and the Buyer Collateral Agent arising from the terms of this Agreement and the compliance of by the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank’s bad faith, willful misconduct or negligence and (b) the SellerCompany, its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of any of the Collection AccountAccounts, including the reasonable actual costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder. The Bank’s right to indemnification hereunder which indemnity shall survive the termination of this Agreement or and the earlier of the resignation or removal or resignation of the Bank.