Common use of LIMITATION ON LIABILITY OF OPERATING ADVISER Clause in Contracts

LIMITATION ON LIABILITY OF OPERATING ADVISER. The Operating Adviser shall have no liability to the Trust, the Depositor, the Master Servicer, the Special Servicer, the Trustee, the Paying Agent, the holder of the Serviced Companion Loan or the Certificateholders for any action taken, or for refraining from the taking of any action, in good faith and using reasonable business judgment pursuant to this Agreement. By its acceptance of a Certificate, each Certificateholder (and Certificate Owner) confirms its understanding that the Operating Adviser may take actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates and that the Operating Adviser may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates and each holder of the Serviced Companion Loan, and each Certificateholder (and Certificate Owner) agrees to take no action against the Operating Adviser based upon such special relationship or conflict. Furthermore, the Operating Adviser shall have no rights with respect to any Non-Trust-Serviced Pari Passu Loan or any Non-Trust-Serviced Companion Loan. The Operating Adviser shall have no liability to the trust formed pursuant to any Other Pooling and Servicing Agreement, the holder of any Non-Trust-Serviced Companion Loan or the certificateholders under any Other Pooling and Servicing Agreement for any action taken, or for refraining from the taking of any action, in good faith and using reasonable business judgment pursuant to this Agreement.

LIMITATION ON LIABILITY OF OPERATING ADVISER. The Operating Adviser shall have no liability to the Trust, the Depositor, the Master ServicerServicers, the Special ServicerServicers, the Trustee, the Paying Agent, the holder of the Serviced Companion Loan Agent or the Certificateholders for any action taken, or for refraining from the taking of any action, in good faith and using reasonable business judgment pursuant to this Agreement. By its acceptance of a Certificate, each Certificateholder (and Certificate Owner) confirms its understanding that the Operating Adviser may take actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates and that the Operating Adviser may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates and each holder of the Serviced Companion LoanCertificates, and each Certificateholder (and Certificate Owner) agrees to take no action against the Operating Adviser based upon such special relationship or conflict. Furthermore, the Operating Adviser shall have no rights with respect to any the Non-Trust-Serviced Pari Passu Loan or any the Non-Trust-Trust Serviced Companion Loan. The Operating Adviser shall have no liability to the trust formed pursuant to any Other the 2007-HQ11 Pooling and Servicing Agreement, the holder of any the Non-Trust-Trust Serviced Companion Loan or the certificateholders under any Other the 2007-HQ11 Pooling and Servicing Agreement for any action taken, or for refraining from the taking of any action, in good faith and using reasonable business judgment pursuant to this Agreement.