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

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of the Issuer under the Trust Agreement, 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 Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking by the Issuer under this Sale and Servicing Agreement or any related documents.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of the Issuer under the Trust Agreement, 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 Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Xxxxxxxxxx Trust Company but is made and intended for the purpose for binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement hereto and by any person Person claiming by, through or under them the parties hereto and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer under this Sale and Servicing Agreement or any other related documentsdocument.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered in the name and on behalf of the Issuer by Wilmington Trust Company, not individually or personally but solely as Owner Trustee owner trustee of the Issuer under the American Residential Eagle Bond Trust Agreement1998-1, in the exercise of the powers and authority conferred and vested in itit under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Trust Company but is made solely in the name and on behalf of the Issuer and intended for the purpose for of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust Company individually Company, other than any liability in connection herewith arising out of its gross negligence, bad faith or personallywillful misconduct, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer under this Sale and Servicing Agreement or any related documentsthe other Operative Documents or otherwise.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that with respect to the Issuer and the Share Trust (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee trustee of the Issuer under and the Trust AgreementShare Trust, in the exercise of the powers and authority conferred and vested in itit under the Issuer Trust Agreement and the Share Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer and the Share Trust is made and intended not as personal representations, undertakings undertaking and agreements by Wilmington Trust Company but is made and intended for the purpose for of binding only the Issuer, Issuer and the Share Trust and (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer and the Share Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer or the Share Trust under this Sale and Servicing Agreement or any the other related documents; provided, however, this Section shall not limit the liability expressly assumed by Wilmington Trust Company under this Agreement, the Issuer Trust Agreement or the Share Trust Agreement, respectively.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (ai) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of the Issuer under the Trust Agreement, 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 Issuer is made and is intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (ciii) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust Company company, individually or personally, to perform any covenant either expressed express or implied contained herein, herein and all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement hereto and by any person Person claiming by, through or under them the parties hereto and (div) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer under this Sale and Servicing Agreement or any other related documentsdocument.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that with respect to the Issuer (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee trustee of the Issuer under the Trust AgreementIssuer, in the exercise of the powers and authority conferred and vested in itit under the Issuer Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings undertaking and agreements by Wilmington Trust Company but is made and intended for the purpose for of binding only the Issuer, Issuer and (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer under this Sale and Servicing Agreement or any the other related documents; provided, however, this Section shall not limit the liability expressly assumed by Wilmington Trust Company under this Agreement or the Issuer Trust Agreement, respectively.

Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered in the name and on behalf of the Issuer by Wilmington Trust Company, not individually or personally but solely as Owner Trustee owner trustee of the Issuer under the American Residential Eagle Bond Trust Agreement1999-1, in the exercise of the powers and authority conferred and vested in itit under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Trust Company but is made solely in the name and on behalf of the Issuer and intended for the purpose for of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust Company individually Company, other than any liability in connection herewith arising out of its gross negligence, bad faith or personallywillful misconduct, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking undertaken by the Issuer under this Sale and Servicing Agreement or any related documentsthe other Operative Documents or otherwise.