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

Limitation on Liability of Servicer, Backup Servicer and Others. (a) Neither the Servicer [nor the Backup Servicer] nor any of the directors, officers, employees or agents of the Servicer [or the Backup Servicer] shall be under any liability to the Trust, the Noteholders or the Certificateholders 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 the Backup Servicer] or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance or bad faith in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement, or by reason of negligence in the performance of duties under this Agreement (except for errors in judgment). The Servicer [and the Backup Servicer], and [their respective][its] directors, officers, employees and agents, 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 in respect of any matters arising under this Agreement.

Limitation on Liability of Servicer, Backup Servicer and Others. (a) Neither the Servicer [nor the Backup Servicer] Servicer nor any of the directorsmanagers, officers, employees or agents of the Servicer [or the Backup Servicer] Servicer shall be under any liability to the TrustIssuer, the Noteholders or the Certificateholders Certificateholders, 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 the Backup Servicer] Servicer or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance or misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement, or by reason of negligence in the performance of duties under this Agreement (except for errors in judgment). The Servicer [and the Backup Servicer], and [their respective][its] directorsrespective managers, officers, employees and agentsagent, 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 in respect of person respecting any matters arising under this Agreement.

Limitation on Liability of Servicer, Backup Servicer and Others. (a) Neither the Servicer [nor the Backup Servicer] nor any of the directors, officers, employees or agents of the Servicer [or the Backup Servicer] shall be under any liability to the Trust, the Noteholders or the Certificateholders 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 the Backup Servicer] or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance or bad faith in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement, or by reason of negligence in the performance of duties under this Agreement (except for errors in judgment). The Servicer [and the Backup Servicer], and [their respective][itstheir] respective directors, officers, employees and agents, 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 in respect of any matters arising under this Agreement.

Limitation on Liability of Servicer, Backup Servicer and Others. (a) Neither None of the Servicer [nor Servicer, the Backup Servicer] nor Servicer or any of the directors, officers, directors or officers or employees or agents of the Servicer [or the Backup Servicer] Servicer shall be under any liability to the Trust, the Noteholders Issuer or the Certificateholders Noteholders, except as provided in 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 Servicer, the Backup Servicer] Servicer or any such Person person against any liability that would otherwise be imposed by reason of a breach of this Agreement or willful misfeasance misconduct or bad faith in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement, or by reason of gross negligence in the performance of duties under duties; provided, further, that this Agreement (except provision shall not affect any liability to indemnify the Issuer and the Trustee for errors costs, taxes, expenses, claims, liabilities, losses or damages paid by the Issuer or the Trustee, each in judgment)its individual capacity. The Servicer [and Servicer, the Backup Servicer]Servicer and any director, and [their respective][its] directorsofficer, officers, employees and agents, employee or agent of the Servicer or the Backup Servicer may rely in good faith on the written advice of counsel or on any document of any kind prima facie properly executed and submitted by any Person in respect of respecting any matters arising under this Agreement.

Limitation on Liability of Servicer, Backup Servicer and Others. (a) Neither the Servicer nor [nor the Backup Servicer] nor any of the directors, officers, employees or agents of the Servicer or [or the Backup Servicer] shall be under any liability to the Trust, the Noteholders or the Certificateholders 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 [or the Backup Servicer] or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance or bad faith in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement, or by reason of negligence in the performance of duties under this Agreement (except for errors in judgment). The Servicer and [and the Backup Servicer], and [their respective][its] respective directors, officers, employees and agents, 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 in respect of any matters arising under this Agreement.