Common use of Limitation of Trustee Liability Clause in Contracts

Limitation of Trustee Liability. Notwithstanding any provision hereof to the contrary, it is expressly understood and agreed by the parties that (a) this Agreement is executed and delivered by the Trustee, not individually or personally, but solely as trustee, as applicable, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (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 the Trustee but is made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the Trustee, 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 the Trustee 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 related documents.

Limitation of Trustee Liability. Notwithstanding any other provision hereof to the contraryherein, it is expressly understood and agreed by the parties hereto that (a) this Agreement agreement is executed and delivered by the TrusteeDelaware Trust Company, not individually or personally, but solely as trustee, as applicableTrustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreements of the Pledgors, (b) each of the representations, undertakings and agreements herein made on the part of the Trust a Pledgor is made and intended not as personal representations, undertakings and agreements by the Trustee Delaware Trust Company but is made and intended for the purpose of for binding only the Trusteach Pledgor, (c) nothing herein contained shall be construed as creating any liability on the TrusteeDelaware 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 the Trustee Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust Pledgors or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust a Pledgor under this Agreement or any other related documents.

Limitation of Trustee Liability. Notwithstanding any provision hereof to the contrary, it It is expressly understood and agreed by the parties that (a) this Agreement is executed and delivered by the Trustee, Trustee not individually or personally, but solely as trustee, as applicabletrustee of the Existing Equity Owner, in the exercise of the powers and authority conferred and vested in it, it pursuant to the Trust AgreementAgreement of the Existing Equity Owner, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Existing Equity Owner is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the TrustExisting Equity Owner, (c) nothing herein contained shall be construed as creating any liability on the Trustee, 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 Person claiming by, through or under the parties hereto, and (d) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust Existing Equity Owner or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Existing Equity Owner under this Agreement or any other related documents.

Limitation of Trustee Liability. Notwithstanding any provision hereof to the contrary, it It is ------------------------------- expressly understood and agreed by the parties hereto that (a) this Forbearance Agreement is executed and delivered by the TrusteeWilmington Trust Company, not individually or personally, but solely as trustee, as applicableTrustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (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 the Trustee Wilmington Trust Company but is made and intended for the purpose of for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the TrusteeWilmington 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 the Trustee Wilmington Trust Company 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 Forbearance Agreement or any other related documents.

Limitation of Trustee Liability. Notwithstanding any provision hereof to the contrary, it It is expressly understood and agreed by the parties that (a) this Agreement document is executed and delivered by the TrusteeXxxxx Fargo Delaware Trust Company, not individually or personally, but solely as trustee, as applicableTrustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (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 the Trustee Xxxxx Fargo Delaware Trust Company but is made and intended for the purpose of for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the TrusteeXxxxx 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 the Trustee Xxxxx Fargo Delaware Trust Company 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 related documents.

Limitation of Trustee Liability. Notwithstanding any provision hereof to the contrary, it It is expressly understood and agreed by the parties that (a) this Agreement document is executed and delivered by the TrusteeWilmington Trust Company, not individually or personally, but solely as trustee, as applicableTrustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (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 the Trustee Wilmington Trust Company but is made and intended for the purpose of for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the TrusteeWilmington 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 the Trustee Wilmington Trust Company 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 Term Sheet or any other related documents.