Limitation on Liability of Participating Lending Institution Sample Clauses

Limitation on Liability of Participating Lending Institution. Except as provided otherwise herein or in the Program Documents, including but not limited to Section and Article VII hereof, neither the Participating Lending Institution nor any director, officer, employee or agent of the Participating Lending Institution shall be under any liability to the Servicer, the Trustee, the Compliance Agent or the owners of any Bonds for any action taken or for refraining from the taking of any action in good faith pursuant to this Mortgage Origination Agreement, or for errors in judgment. The Participating Lending Institution may, in its discretion, undertake such action it may deem necessary or desirable with respect to this Mortgage Origination Agreement and the rights and duties of the parties hereto and the interests of the owners of the Bonds. In such event, the legal expenses and costs of such action shall be the sole responsibility of the Participating Lending Institution.
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Related to Limitation on Liability of Participating Lending Institution

  • Limitation on Liability The Company and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.

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