LIMITATION OF LIABILITY OF Sample Clauses

LIMITATION OF LIABILITY OF. [_______________], Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary (other than as provided in subsection (d)), this Agreement has been signed by [_______________] not in its individual capacity but solely in its capacity as trustee for the Seller and in no event shall [_______________] in its individual capacity or, except as expressly provided herein or in the Instrument of Resignation, Appointment and Acceptance dated [_____________] in connection with the trust agreement between Seller and [_____________], dated [_______________], as legal owner of the Financed Student Loans, have any liability for representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered by the Seller pursuant hereto as to all of which recourse shall be had solely against the Seller. (b) Notwithstanding anything contained herein to the contrary (other than as provided in subsection (d)), this Agreement has been signed by [_______________], not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer and in no event shall [_______________], in its individual capacity or, except as expressly provided in the Trust Agreement, as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. (c) Notwithstanding anything contained herein to the contrary (other than as provided in subsection (d)), this Agreement has been accepted by [_______________] not in its individual capacity but solely as Indenture Trustee and in no event shall [_______________] have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (d) Notwithstanding any other provision in this Agreement or the other Basic Documents, nothing in this Agreement or the other Basic Documents shall be construed to limit the legal responsibility of the Eligible Lender Trustee or the Indenture Trustee, to the U.S. Secretary of Education or a Guarantor for any violations of statutory...

LIMITATION OF LIABILITY OF. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by _________________________ _____________________________, not individually or personally but solely as owner trustee of Sequoia Trust 199_-_ under the Deposit Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by _____________________ but is made and intended for the purpose for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on __________________________________, other than any liability arising out of its gross negligence, bad faith or willful misconduct, and (d) under no circumstances shall _____________________________ be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or the other Operative Documents.

LIMITATION OF LIABILITY OF. ADVISER You may rely on information reasonably believed by you to be accurate and reliable. Except as may otherwise be required by the Investment Company Act of 1940 or the rules thereunder, neither you nor your shareholders, officers, directors, employees, agents, control persons or affiliates of any thereof shall be subject to any liability for, or any damages, expenses or losses incurred by the Trust in connection with, any error of judgment, mistake of law, any act or omission connected with or arising out of any services rendered under or payments made pursuant to this Agreement or any other matter to which this Agreement relates, except by reason of willful misfeasance, bad faith or gross negligence on the part of any such persons in the performance of your duties under this Agreement or by reason of reckless disregard by any of such persons of your obligations and duties under this Agreement. Any person, even though also a director, officer, employee, shareholder or agent of you, who may be or become an officer, director, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with your duties hereunder), to be rendering such services to or acting solely for the Trust and not as a director, officer, employee, shareholder or agent of you, or one under your control or direction, even though paid by you.

LIMITATION OF LIABILITY OF. (owner trustee). ------------------------------------------ It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by (owner trustee), not individually or personally but solely as owner trustee of (________________) Home Equity Loan Trust 199_ under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by (owner trustee) but is made and intended for the purpose for binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on (owner trustee), other than any liability arising out of its gross negligence, bad faith or willful misconduct, and (d) under no circumstances shall (owner trustee) be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Agreement or the other Operative Documents.

LIMITATION OF LIABILITY OF. 48 Section 9.1 Liability.................................................................... 48 Section 9.2 Exculpation.................................................................. 48 Section 9.3

LIMITATION OF LIABILITY OF. CARRIER FOR CONDUCT OF THIRD PARTIESOR EMPLOYEES ACTING OUTSIDE SCOPE OF EMPLOYMENT The Carrier shall not be held vicariously liable for the intentional or negligent acts of any person not employed by the Carrier nor for any intentional or negligent acts of the Carrier's employees committed while off duty or outside the course and scope or their employment.

LIMITATION OF LIABILITY OF. HOLDERS OF SECURITIES, INSTITUTIONAL TRUSTEE OR OTHERS ------------------------------------------------------

LIMITATION OF LIABILITY OF. CARRIER FOR INCIDENTS OFF THE VESSEL, OR FOR GOODS AND SERVICES PROVIDED BY INDEPENDENT CONTRACTORS ON OR OFF THE VESSEL The Carrier shall have no responsibility, obligation or liability of any kind to the Guest for accidents, incidents, delays or any other events that occur to the Guest while off the Vessel or to warn the Guest of any risks or hazards off the Vessel. Without limiting the generality of the foregoing, the Carrier is not responsible for incidents or claims that arise from, relate to, or occur while the Guest is traveling to or from the Vessel or during shore excursions or other tours off the Vessel, whether arranged by the Carrier or the Guest, including without limitation any related services, facilities, accommodations, lodging, and transportation by air, rail, land or any other means, including by vessels not owned and operated by the Carrier. The Guest understands and agrees that the Carrier may make arrangements with independent contractors to provide at additional charge to the Cruise Fare the transportation to and from the Vessel and shore excursions described above, and certain goods and services onboard the Vessel, including without limitation barbers, hairdressers, manicurists, masseurs, photographers, entertainers, instructors, shops, medical professionals, and other concessionaires. The Carrier makes such arrangements as a convenience to Guests and shall be entitled to charge a fee and earn a profit for so doing. The Carrier does not own or control any such independent contractors, makes no representation of any kind as to their performance, and does not undertake to supervise their activities. The Carrier shall have no responsibility, obligation or liability of any kind to the Guest for any acts or omissions or for any loss, injury, illness or death in connection with or arising out of or related to arrangements with such independent contractors. The Guest shall have no right against the Carrier for any refunds in connection with any goods or services provided by such independent contractors.

LIMITATION OF LIABILITY OF. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by _________________________ _____________________________, not individually or personally but solely as owner trustee of American Residential Eagle Bond Trust [199__-__] under the Deposit Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by _____________________ but is made and intended for the purpose for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on __________________________________, other than any liability arising out of its gross negligence, bad faith or willful misconduct, and (d) under no circumstances shall _____________________________ be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or the other Operative Documents.

LIMITATION OF LIABILITY OF. HOLDERS OF SECURITIES, TRUSTEES OR OTHERS