Common use of LIMITATION OF LIABILITY - NOTE HOLDER Clause in Contracts

LIMITATION OF LIABILITY - NOTE HOLDER. (a) The Note Holder enters into this agreement only in its capacity as trustee of the Origination Fund and no other capacity. A liability arising under or in connection with this agreement is limited to and can be enforced against the Note Holder only to the extent to which it can be satisfied out of property of the Origination Fund out of which the Note Holder is actually indemnified for the liability. This limitation of the Note Holder's liability applies despite any other provision of this agreement and extends to all liabilities and obligations of the Note Holder in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this agreement.