Common use of Limitation of Liability of U.S. Bank Clause in Contracts

Limitation of Liability of U.S. Bank. Notwithstanding anything contained herein to the contrary, (a) this Transaction SUBI Servicing Supplement has been executed and delivered by U.S. Bank, not in its individual capacity but solely as Administrative Trustee and as SUBI Trustee, 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 Origination Trust is made and intended not as personal representations, undertakings and agreements by U.S. Bank but is made and intended for the purpose for binding only the Origination Trust, (c) nothing herein contained shall be construed as creating any liability on U.S. Bank, 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, (d) U.S. Bank has made no investigation as to the accuracy or completeness of any representations and warranties made by the Origination Trust in this Transaction SUBI Servicing Supplement and (e) under no circumstances shall U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Origination Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Origination Trust under the Transaction Documents.

Appears in 6 contracts

Samples: Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Servicing Agreement (Vw Credit Leasing LTD), Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

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Limitation of Liability of U.S. Bank. Notwithstanding anything contained herein to the contrary, (a) this Transaction SUBI Servicing Supplement has been executed and delivered by U.S. Bank, not in its individual capacity but solely as Administrative Trustee and as SUBI Trustee, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Origination Trust is made and intended not as personal representations, covenants, undertakings and agreements by U.S. Bank but is made and intended for the purpose for binding only the Origination Trust, (c) nothing herein contained shall be construed as creating any liability on U.S. Bank, 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, (d) U.S. Bank has not verified or made no any investigation as to the accuracy or completeness of any representations and warranties made by the Origination Trust in this Transaction SUBI Servicing Supplement and (e) under no circumstances shall U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Origination Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Origination Trust herein or under the any other Transaction Documents.Document. 13 Transaction SUBI Servicing Supplement (2024-A)

Appears in 2 contracts

Samples: Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Limitation of Liability of U.S. Bank. Notwithstanding anything contained herein to the contrary, (a) this Transaction SUBI Servicing Supplement has been executed and delivered by U.S. Bank, not in its individual capacity but solely as Administrative Trustee and as SUBI Trustee, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Origination Trust is made and intended not as personal representations, covenants, undertakings and agreements by U.S. Bank but is made and intended for the purpose for binding only the Origination Trust, (c) nothing herein contained shall be construed as creating any liability on U.S. Bank, 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, (d) U.S. Bank has not verified or made no any investigation as to the accuracy or completeness of any representations and warranties made by the Origination Trust in this Transaction SUBI Servicing Supplement and (e) under no circumstances shall U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Origination Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Origination Trust herein or under the any other Transaction Documents.Document. 13 Transaction SUBI Servicing Supplement (2023-A)

Appears in 2 contracts

Samples: Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

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Limitation of Liability of U.S. Bank. Notwithstanding anything contained herein to the contrary, (a) this Transaction SUBI Servicing Supplement has been executed and delivered by U.S. Bank, not in its individual capacity but solely as Administrative Trustee and as SUBI Trustee, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Origination Trust is made and intended not as personal representations, covenants, undertakings and agreements by U.S. Bank but is made and intended for the purpose for binding only the Origination Trust, (c) nothing herein contained shall be construed as creating any liability on U.S. Bank, 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, (d) U.S. Bank has not verified or made no any investigation as to the accuracy or completeness of any representations and warranties made by the Origination Trust in this Transaction SUBI Servicing Supplement and (e) under no circumstances shall U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Origination Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Origination Trust herein or under the any other Transaction DocumentsDocument.

Appears in 1 contract

Samples: Servicing Agreement (Vw Credit Leasing LTD)

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