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

Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by The Bank of New York, not in its individual capacity but solely in its capacity as Trustee of the Issuer, and in no event shall The Bank of New York, in its individual capacity or, except as expressly provided in the Trust Agreement, any 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.

Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed and delivered by The Bank of New YorkYork Trust Company, N.A. not in its individual capacity but solely in its capacity as Trustee of the Issuer, Issuer and in no event shall The Bank of New YorkYork Trust Company, N.A., in its individual capacity or, except as expressly provided in the Trust Agreement, any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Trustee hereunder or in any of the certificatesExcess Distribution Certificate, notices or agreements delivered pursuant hereto, hereto as to all of which recourse shall be had solely to the assets of the Issuer.