Common use of Limitation of Liability of Owner Trustee and Indenture Clause in Contracts

Limitation of Liability of Owner Trustee and Indenture. Trustee. ------- (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Trust and in no event shall Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Indenture Trustee and in no event shall U.S. Bank National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. (c) In no event shall U.S. Bank National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement. 50

Limitation of Liability of Owner Trustee and Indenture. Trustee. ------- (a) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been countersigned by Wilmington Trust Company the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Trust Trust, and in no event shall Wilmington Trust Company the Owner Trustee in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VVI, VI VII and VII VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been executed and delivered accepted by U.S. Bank National Association, the Indenture Trustee not in its individual capacity but solely as Indenture Trustee Trustee, and in no event shall U.S. Bank National Association, the Indenture Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. (c) In no event shall U.S. Bank National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement. 50

Limitation of Liability of Owner Trustee and Indenture. Trustee. -------. (a) Notwithstanding anything contained herein to the contrary, this ------- Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Trust Issuer and in no event shall Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuer. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VVI, VI VII and VII VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by U.S. Bank National AssociationNorwest, not in its individual capacity but solely as Indenture Trustee Trustee, Backup Servicer and Custodian, and in no event shall U.S. Bank National Association, Norwest have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuer. (c) In no event shall U.S. Bank National AssociationIt is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of XxxxxxXxxxx.xxx Auto Receivables Owner Trust 1999-1, in any of its capacities hereunder, be deemed to have assumed any duties the exercise of the Owner Trustee under powers and authority conferred and vested in it, (b) each of the Delaware Business Trust Statuterepresentations, common law, or undertakings and agreements herein made on the part of the Trust Agreement. 50is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company 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 Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and (d) under no circumstances shall Wilmington Trust Company 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 Sale and Servicing Agreement or any other related documents.

Limitation of Liability of Owner Trustee and Indenture. Trustee. -------. (a) Notwithstanding anything contained herein to the contrary, this ------- Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Trust Issuer and in no event shall Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuer. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VVI, VI VII and VII VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by U.S. Bank National AssociationNorwest, not in its individual capacity but solely as Indenture Trustee and Backup Servicer and in no event shall U.S. Bank National Association, Norwest have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuer. (c) In no event shall U.S. Bank National AssociationIt is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of XxxxxxXxxxx.xxx Vehicle Receivables Owner Trust 2000-1, in any of its capacities hereunder, be deemed to have assumed any duties the exercise of the Owner Trustee under powers and authority conferred and vested in it, (b) each of the Delaware Business Trust Statuterepresentations, common law, or undertakings and agreements herein made on the part of the Trust Agreement. 50is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company 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 Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and (d) under no circumstances shall Wilmington Trust Company 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 Sale and Servicing Agreement or any other related documents.

Limitation of Liability of Owner Trustee and Indenture. Trustee. ------- (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Wilmington Trust Company Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Trust Issuer, and in no event shall Wilmington Trust Company Company, in its individual capacity capacity, or, except as expressly provided in the Trust Agreement, as Owner Trustee Trustee, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or under 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. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed by Bankers Trust Company of California, N.A. not in its individual capacity but solely as Indenture Trustee and Paying Agent and in no event shall Bankers Trust Company of California, N.A. 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 Trust. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust AgreementIssuer. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Indenture Trustee and in no event shall U.S. Bank National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. (c) In no event shall U.S. Bank National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement. 50