Common use of Limitation of Liability of Trust Company Clause in Contracts

Limitation of Liability of Trust Company. It is ---------------------------------------- expressly understood and agreed by and among the parties hereto that except as otherwise expressly provided herein, (i) this Participation Agreement is executed and delivered by Trust Company not in its individual capacity but solely as Owner Trustee in the exercise of the power and authority conferred and vested in it as such owner Trustee, (ii) each of the representations, undertaking and agreements made herein by Owner Trustee are not personal representations, undertakings and agreements of the Trust Company, but are binding only upon the Lessor's Estate and Owner Trustee, as trustee, (iii) actions to be taken by Owner Trustee pursuant to its obligations hereunder may, in certain instances, be taken by Owner Trustee only upon specific authority of Owner Participant, and (iv) except as expressly set forth herein or in the other Operative Documents or the Xxxxxx Agreements, nothing herein contained shall be construed as creating any liability of Trust Company, or any incorporator or any past, present or future subscriber to the capital stock of, or stockholder, officer or director of, Trust Company, all such liability, if any, being expressly waived by the other parties hereto, and by any Person claiming by, through or under them.

Limitation of Liability of Trust Company. It is ---------------------------------------- expressly understood and agreed by and among the parties hereto that except as otherwise expressly provided herein, (ia) this Participation Agreement Site Sublease is executed and delivered by a representative of the Trust Company Company, not in its individual capacity individually or personally but solely as the Owner Trustee of and on behalf of Site Sublessor, as trustee under the Trust Agreement, in the exercise of the power powers and authority conferred and vested in it as such owner Trusteepursuant thereto, (iib) each of the representations, undertaking and agreements made herein by Owner Trustee are not personal representations, undertakings and agreements herein made on the part of Site Sublessor is made and intended not as a personal representation, undertaking and agreement by the Trust Company, Company but are for the purpose of binding only upon the Lessor's Estate and Owner Trustee, as trusteeSite Sublessor, (iiic) actions to be taken by Owner Trustee pursuant to its obligations hereunder may, in certain instances, be taken by Owner Trustee only upon specific authority of Owner Participant, and (iv) except as expressly set forth herein or in the other Operative Documents or the Xxxxxx Agreements, nothing herein contained shall be construed as creating any liability of on the Trust Company, individually or personally, to perform any incorporator covenant either expressed or any past, present or future subscriber to the capital stock of, or stockholder, officer or director of, Trust Companyimplied herein, all such liability, if any, being expressly waived by the other parties hereto, and hereto or by any Person claiming by, through or under themthe parties hereto, and (d) under no circumstances shall the Trust Company be personally liable for the payment of any indebtedness or expenses of Site Sublessor or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Site Sublessor under this Site Sublease. Notwithstanding the foregoing, the Trust Company is an intended beneficiary of this Site Sublease.

Limitation of Liability of Trust Company. It is ---------------------------------------- expressly understood and agreed by and among the parties hereto that except as otherwise expressly provided herein, (i) this Participation Agreement is executed and delivered by Trust Company not in its individual capacity but solely as Owner Trustee in the exercise of the power and authority conferred and vested in it as such owner Owner Trustee, (ii) each of the representations, undertaking undertakings and agreements made herein by Owner Trustee are not personal representations, undertakings and agreements of the Trust Company, but are binding only upon the Lessor's Estate and Owner Trustee, as trustee, (iii) actions to be taken by Owner Trustee pursuant to its obligations hereunder may, in certain instances, be taken by Owner Trustee only upon specific authority of Owner Participant, Participant and (iv) except as expressly set forth herein or in the other Operative Documents or the Xxxxxx Agreements, nothing herein contained shall be construed as creating any liability of Trust Company, or any incorporator or any past, present or future subscriber to the capital stock of, or stockholder, officer or director of, Trust Company, all such liability, if any, 127 being expressly waived by the other parties hereto, and by any Person claiming by, through or under them.

Limitation of Liability of Trust Company. It is ---------------------------------------- expressly understood and agreed by and among the parties hereto that except as otherwise expressly provided herein, (i) this Participation Agreement is executed and delivered by Trust Company not in its individual capacity but solely as Owner Trustee in the exercise of the power and authority conferred and vested in it as such owner Owner Trustee, (ii) each of the representations, undertaking undertakings and agreements made herein by Owner Trustee are not personal representations, undertakings and agreements of the Trust Company, but are binding only upon the Lessor's Estate and Owner Trustee, as trustee, (iii) actions to be taken by Owner Trustee pursuant to its obligations hereunder may, in certain instances, be taken by Owner Trustee only upon specific authority of Owner Participant, Participant and (iv) except as expressly set forth herein or in the other Operative Documents or the Xxxxxx Agreements, nothing herein contained shall be construed as creating any liability of Trust Company, individually or personally, to perform any incorporator covenant, expressed or any pastimplied, present or future subscriber to the capital stock ofcontained herein, or stockholder, officer for the payment of any indebtedness or director of, expense of the trust created by the Trust CompanyAgreement, all such liability, if any, being expressly waived by the other parties hereto, and by any Person claiming by, through or under them.