Common use of Limitation on Liability of Servicer and Others Clause in Contracts

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary herein, none of the Servicer or any of the directors or officers or employees or agents of the Servicer, as the case may be, shall be under any liability to the Affected Parties, except as provided under this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or employee or agent of the Servicer, as the case may be, may rely in good faith on any document of any kind prima facie properly executed and submitted by any person respecting any matters arising under this Agreement. Without limiting any other provision of this Agreement, the Servicer shall be obligated to appear in, prosecute and defend only legal actions that are incidental to its duties to service the Transferred Receivables in accordance with this Agreement.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary hereinExcept as otherwise provided under this Agreement, none of neither the Servicer or nor any of the directors or officers or directors, officers, employees or agents of the Servicer, as the case may be, Servicer shall be under any liability liable to the Affected Parties, except as provided under this Agreement, Note Issuer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person director, officer, employee or agent of the Servicer against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith misconduct or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or director, officer, employee or agent of the Servicer, as the case may be, Servicer may rely in good faith on the advice of counsel reasonably acceptable to the Note Trustee or on any document of any kind kind, prima facie properly executed and submitted by any person Person, respecting any matters arising under this Agreement. Without limiting any other provision of Except as provided in this Agreement, the Servicer shall not be obligated under any obligation to appear in, prosecute and or defend only any legal actions that are incidental action relating to its duties to service the Transferred Receivables in accordance with this AgreementTransition Property.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary hereinExcept as otherwise provided under this Agreement, none of neither the Servicer or nor any of the directors or officers or directors, officers, employees or agents of the Servicer, as the case may be, Servicer shall be under any liability liable to the Affected Parties, except as provided under this Agreement, Note Issuer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person director, officer, employee or agent of the Servicer against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith misconduct or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or director, officer, employee or agent of the Servicer, as the case may be, Servicer may rely in good faith on the advice of counsel reasonably acceptable to the Note Trustee or on any document of any kind kind, prima facie properly executed and submitted by any person Person, respecting any matters arising under this Agreement. Without limiting any other provision of Except as provided in this Agreement, the Servicer shall not be obligated under any obligation to appear in, prosecute and or defend only any legal actions that are incidental action relating to its duties to service the Transferred Receivables in accordance with this AgreementTransition Property.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary hereinExcept as otherwise provided under this Agreement, none of neither the Servicer or nor any of the directors or officers or directors, officers, employees or agents of the Servicer, as the case may be, Servicer shall be under any liability liable to the Affected Parties, except as provided under this Agreement, Issuer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person director, officer, employee or agent of the Servicer against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith misconduct or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or director, officer, employee or agent of the Servicer, as the case may be, Servicer may rely in good faith on the advice of counsel reasonably acceptable to the Trustee or on any document of any kind kind, prima facie properly executed and submitted by any person Person, respecting any matters arising under this Agreement. Without limiting any other provision of Except as provided in this Agreement, the Servicer shall not be obligated under any obligation to appear in, prosecute and or defend only any legal actions that are incidental action relating to its duties to service the Transferred Receivables in accordance with this AgreementRRB Property.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary herein, none of Neither the Servicer or nor any of the directors or officers or its shareholders, directors, officers, employees or agents of the Servicer, as the case may be, shall be under any liability to the Affected PartiesSeller, except as provided under this Agreementthe Issuer, the Depositor, the Indenture Trustee, the Owner Trustee or the Noteholders for any action taken or for refraining from the taking of any action pursuant to this Agreement Agreement, or for errors in judgment; provided, however, that this provision Section 7.04 shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith a breach of warranties or negligence representation made in this Agreement or the performance failure to perform its obligations in compliance with any standard of duties care set forth in this Agreement or by reason of reckless disregard of obligations and duties any other liability which would otherwise be imposed under this Agreement. The Servicer and any director or officer or director, officer, employee or agent of the Servicer, as the case Servicer may be, may conclusively rely in good faith on the advice of counsel or on any document of any kind prima facie properly executed and submitted by any person Person respecting any matters arising under this Agreement. Without limiting any other provision of this Agreement, the Servicer shall be obligated to appear in, prosecute and defend only legal actions that are incidental to its duties to service the Transferred Receivables in accordance with this Agreement.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary herein, none of (a) Neither the Servicer or nor any of the directors or officers or employees or agents of the Servicer, as the case may be, Servicer shall be under any liability to the Affected PartiesIssuer, the Owner Trustee, the Indenture Trustee or the Holders, except as provided under this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgmentAgreement; provided, however, that this provision shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, gross negligence, or bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or employee or agent of the Servicer, as the case may be, Servicer may rely in good faith on the advice of counsel or on any document of any kind prima facie properly executed and submitted by any person Person respecting any matters arising under this Agreement. Without limiting any other provision of this Agreement, the Servicer shall be obligated to appear in, prosecute and defend only legal actions that are incidental to its duties to service the Transferred Receivables in accordance with this Agreement.

Limitation on Liability of Servicer and Others. Notwithstanding anything to the contrary herein, none of the Servicer or any of the directors or officers or employees or agents of the Servicer, as the case may be, shall be under any liability to the Affected Parties, except as provided under this Agreement, for any action taken or for refraining from the taking 736942168 19632398738387080 of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director or officer or employee or agent of the Servicer, as the case may be, may rely in good faith on any document of any kind prima facie properly executed and submitted by any person respecting any matters arising under this Agreement. Without limiting any other provision of this Agreement, the Servicer shall be obligated to appear in, prosecute and defend only legal actions that are incidental to its duties to service the Transferred Receivables in accordance with this Agreement.