Common use of Limitation on Liability of Owner Trustee Clause in Contracts

Limitation on Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Christiana Trust, a division of Wilmington Savings Fund Society, FSB, a federal savings bank (“Christiana Trust”), not individually or personally but solely as Owner Trustee of the Trust Subsidiary, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Subsidiary is made and intended not as personal representations, undertakings and agreements by Christiana Trust but is made and intended for the purpose for binding only the Trust Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Christiana Trust, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall Christiana Trust 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 undertaken by the Trust Subsidiary under this Agreement or the other related documents.

Limitation on Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Christiana Trust, a division each of Wilmington Savings Fund Society, FSB, d/b/a federal savings bank Christiana Trust (“Christiana Trust”) and Wilmington Trust, National Association (“WTNA” and together with “Christiana Trust”, the “Trustees” and each, a “Trustee”), not individually or personally but solely as Owner Trustee of the each Trust Subsidiary, in the exercise of the powers and authority conferred and vested in it under the applicable Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the each Trust Subsidiary is made and intended not as personal representations, undertakings and agreements by Christiana Trust such Trustee but is made and intended for the purpose for binding only the each Trust Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Christiana Trusta Trustee, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall Christiana Trust a Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer any Trust Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the any Trust Subsidiary under this Agreement or the other related documentsdocuments and (e) neither Trustee has made any investigation as to the accuracy or completeness of any representations and warranties made by any Trust Subsidiary in this Agreement.

Limitation on Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Christiana Trust, a division of Wilmington Savings Fund Society, FSB, d/b/a federal savings bank Christiana Trust (“Christiana Trust”), not individually or personally but solely as Owner Trustee of the each Trust Subsidiary, in the exercise of the powers and authority conferred and vested in it under the applicable Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the each Trust Subsidiary is made and intended not as personal representations, undertakings and agreements by Christiana Trust but is made and intended for the purpose for binding only the each Trust Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Christiana Trust, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall Christiana - 85 - Trust be personally liable for the payment of any indebtedness or expenses of the Issuer either Trust Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the each Trust Subsidiary under this Agreement or the other related documentsdocuments and (e) Christiana Trust has made no investigation as to the accuracy or completeness of any representations and warranties made by either Trust Subsidiary in this Agreement.

Limitation on Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Christiana Trust, a division of Wilmington Savings Fund Society, FSB, d/b/a federal savings bank Christiana Trust (“Christiana Trust”), not individually or personally but solely as Owner Trustee of the each Trust Subsidiary, in the exercise of the powers and authority conferred and vested in it under the applicable Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the each Trust Subsidiary is made and intended not as personal representations, undertakings and agreements by Christiana Trust but is made and intended for the purpose for binding only the each Trust Subsidiary, (c) nothing herein contained shall be construed as creating any liability on Christiana Trust, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall Christiana Trust be personally liable for the payment of any indebtedness or expenses of the Issuer either Trust Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the each Trust Subsidiary under this Agreement or the other related documentsdocuments and (e) Christiana Trust has made no investigation as to the accuracy or completeness of any representations and warranties made by either Trust Subsidiary in this Agreement.