Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Xxxxx Fargo Delaware Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement for UPFC Auto Receivables Trust 2007-B, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Xxxxx Fargo Delaware Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Xxxxx Fargo Delaware 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 hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Xxxxx Fargo Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Agreement or any other related documents.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (UPFC Auto Receivables Trust 2007-B)
Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Xxxxx Fargo Delaware Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement for UPFC Auto Receivables Trust 20072004-BA, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Xxxxx Fargo Delaware Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Xxxxx Fargo Delaware 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 hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Xxxxx Fargo Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Agreement or any other related documents.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (United Pan Am Financial Corp)
Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Xxxxx Fargo Delaware Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement for UPFC Auto AmeriCredit Automobile Receivables Trust 2007Trust, 2004-BC-A, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Xxxxx Fargo Delaware Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Xxxxx Fargo Delaware 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 hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Xxxxx Fargo Delaware Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Agreement or any other related documents.. A PERSON WHO FILES A CLAIM WITH INTENT TO DEFRAUD OR HELPS COMMIT A FRAUD AGAINST AN INSURER IS GUILTY OF A CRIME. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)
Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Xxxxx Fargo Delaware Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement for UPFC Auto Receivables Trust 20072006-B, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Xxxxx Fargo Delaware Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Xxxxx Fargo Delaware 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 hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Xxxxx Fargo Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Agreement or any other related documents.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (UPFC Auto Receivables Trust 2006-B)