Common use of Limitation of Liability of Trustee Clause in Contracts

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Bankers Trust (Delaware), not individually or personally but solely as Trustee of the Trust, 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 Bankers Trust (Delaware) 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 Bankers Trust (Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers Trust (Delaware) 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 any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Bankers Trust (Delaware), not individually or personally but solely as Trustee of the TrustPurchaser, 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 Purchaser is made and intended not as personal representations, undertakings and agreements by Bankers Trust (Delaware) but is made and intended for the purpose for binding only the TrustPurchaser, (c) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers Trust (Delaware) be personally liable for the payment of any indebtedness or expenses of the Trust Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Purchaser under this Agreement or any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (ai) this Agreement is executed and delivered by Bankers Trust (Delaware)_______________ , not individually or personally but solely as Trustee trustee of the TrustIssuer, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, undertakings and agreements herein made on the part of the Trust Issuer is made and intended not as personal representations, undertakings and agreements by Bankers Trust (Delaware) by_______________ but is made and intended for the purpose for of binding only the TrustIssuer, (ciii) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware)on_______________, 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 by any Person claiming by, through or under the parties hereto hereto, (iv) _______________ has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Agreement and (dv) under no circumstances shall Bankers Trust (Delaware) shall_______________ be personally liable for the payment of any indebtedness or expenses of the Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Issuer under this Agreement or any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.related documents

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement side letter is executed and delivered by Bankers Trust (Delaware)Christiana Trust, not individually or personally in its individual capacity but solely as Trustee of under the TrustTransaction Subsidiary Agreement, in the exercise of the powers and authority conferred and vested in itit under the Transaction Subsidiary Agreement for the Transaction Subsidiary, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Trustee or the Transaction Subsidiary is made and intended not as personal representations, undertakings and agreements by Bankers Christiana Trust (Delaware) but is made and intended for the purpose for binding only the TrustTransaction Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware)Christiana Trust, individually or personally, to perform any covenant either expressed express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto hereto, (d) Christiana Trust has not verified and has not made any investigation as to the accuracy of any representations, warranties or other obligations of the Trustee or the Transaction Subsidiary under this side letter or any other related documents and (de) under no circumstances shall Bankers Christiana Trust (Delaware) be personally liable for the payment of any indebtedness or expenses of the Trust Trustee or the Transaction Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Trustee or the Transaction Subsidiary under this Agreement side letter or any other related documents, all such liability being limited to the Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.Subsidiary. LEGAL02/36495004v3

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Novation Agreement is executed and delivered by Bankers BNY Mellon Trust (of Delaware), not individually or personally but solely as Trustee of the TrustRemaining Party, 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 Remaining Party is made and intended not as personal representations, undertakings and agreements by Bankers BNY Mellon Trust (Delaware) of Delaware but is made and intended for the purpose for of binding only the TrustRemaining Party, (c) nothing herein contained shall be construed as creating any liability on Bankers BNY Mellon Trust (of Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers BNY Mellon Trust (Delaware) of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Remaining Party or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Remaining Party under this Novation Agreement or any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconductrelated documents.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Bankers Trust (Delaware), not individually or personally but solely as Trustee of the TrustPurchaser, 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 Purchaser is made and intended not as personal representations, undertakings and agreements by Bankers Trust (Delaware) but is made and intended for the purpose for binding only the TrustPurchaser, (c) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers Trust (Delaware) be personally liable for the payment of any indebtedness or expenses of the Trust Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Purchaser under this Agreement or any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Bankers Trust (Delaware), not individually or personally but solely as Trustee of the Trust, 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 Bankers Trust (Delaware) 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 Bankers Trust (Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers Trust (Delaware) 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 any other Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconduct.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement letter agreement is executed and delivered by Bankers Trust (Delaware)LaSalle Bank National Association, not individually or personally but solely as Trustee of the TrustSupplemental Interest Trust and the Issuing Entity, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement and pursuant to instructions set forth therein, and that the Trustee shall perform its duties and obligations hereunder in accordance with the standard of care set forth in the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements by Bankers Trust (Delaware) undertaking or agreement of the Trustee but is made and intended for the purpose for of binding only the Supplemental Interest Trust, and (c) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware), 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 by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Bankers Trust (Delaware) the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust Fund or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under Fund herein; provided that nothing in this Agreement or any other Transaction Documents; provided, however, that no provision of this Agreement paragraph shall be construed to relieve the Trustee from liability for performing its own negligent action, its own negligent failure to act, its action duties and obligations hereunder in bad faith or its own willful misconductaccordance with the standard of care set forth in the Pooling and Servicing Agreement.

Limitation of Liability of Trustee. It is expressly ---------------------------------- understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Bankers Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust (Delaware"Christiana Trust"), not individually or personally in its individual capacity but solely as Trustee of trustee (the Trust"Trustee") under the Transaction Subsidiary Agreement, in the exercise of the powers and authority conferred and vested in itit under the Transaction Subsidiary Agreement for the Transaction Subsidiary, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Trustee or the Transaction Subsidiary is made and intended not as personal representations, undertakings and agreements by Bankers Christiana Trust (Delaware) but is made and intended for the purpose for binding only the TrustTransaction Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Bankers Trust (Delaware)Christiana Trust, individually or personally, to perform any covenant either expressed express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto hereto, (d) Christiana Trust has not verified and has not made any investigation as to the accuracy of any representations, warranties or other obligations of the Trustee or the Transaction Subsidiary under this Agreement or any other related documents and (de) under no circumstances shall Bankers Christiana Trust (Delaware) be personally liable for the payment of any indebtedness or expenses of the Trust Trustee or the Transaction Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Trustee or the Transaction Subsidiary under this Agreement or any other related documents, all such liability being limited to the Transaction Documents; provided, however, that no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, its action in bad faith or its own willful misconductSubsidiary.