Common use of Limitation of Liability of the Trustee Clause in Contracts

Limitation of Liability of the Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been signed by The Bank of New York (Delaware), not in its individual capacity but solely in its capacity as Trustee of Owner, and in no event shall The Bank of New York (Delaware), in its individual capacity, or any beneficial owner of Owner have any liability for the representations, warranties, covenants, agreements or other obligations of Owner hereunder, as to all of which recourse shall be had solely to the assets of Owner. For all purposes of this Agreement, in the performance of any duties or obligations of Owner thereunder, the Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of the Trust Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (GE Dealer Floorplan Master Note Trust), Servicing Agreement (CDF Funding, Inc.)

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Limitation of Liability of the Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been signed by The Bank of New York (Delaware), not in its individual capacity but solely in its capacity as Trustee of Owner, and in no event shall The Bank of New York (Delaware), in its individual capacity, or any beneficial Servicing Agreement owner of Owner have any liability for the representations, warranties, covenants, agreements or other obligations of Owner hereunder, as to all of which recourse shall be had solely to the assets of Owner. For all purposes of this Agreement, in the performance of any duties or obligations of Owner thereunder, the Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIII of the Trust Agreement.. Servicing Agreement

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

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Limitation of Liability of the Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been signed by The Bank of New York (Delaware), not in its individual capacity but solely in its capacity as Trustee of Owner, and in no event shall The Bank of New York (Delaware), in its individual capacity, or any beneficial owner of Owner have any liability for the representations, warranties, covenants, agreements or other obligations of Owner hereunder, as to all of which recourse shall be had solely to the assets of Owner. For all purposes of this Agreement, in the performance of any duties or obligations of Owner thereunder, the Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of the Trust Agreement.. Servicing Agreement Servicing Agreement

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

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