Common use of Limitation on Liability of the Depositor and the Master Servicer Clause in Contracts

Limitation on Liability of the Depositor and the Master Servicer. Neither the Depositor nor the Master Servicer nor any of the directors, officers, employees or agents of the Depositor or the Master Servicer shall be under any liability to the Trust, the Certificateholders [or the Certificate Insurer] for any action taken, or for refraining from the taking of any action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or the Master Servicer or any such Person against any breach of warranties or representations made herein, or against any specific liability imposed on each such party pursuant to this Agreement or against any liability which 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 or duties hereunder. The Depositor or the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind which, prima facie, is properly executed and submitted by any appropriate Person respecting any matters arising hereunder.

Limitation on Liability of the Depositor and the Master Servicer. Neither Except as set forth in Section 9.01 herein, neither the Depositor nor the Master Servicer nor any of the directors, officers, employees or agents of the Depositor or the Master Servicer shall be under any liability to the TrustOwner Trustee, the Certificateholders Indenture Trustee, the Servicer, [the Securities Insurer,] the Noteholders or the Certificate Insurer] any other Person for [any action taken, taken or for refraining from the taking of any action, action at the direction of the Securities Insurer or] any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or the Master Servicer or any such Person against any breach of warranties or representations made herein, or against any specific liability imposed on each such party pursuant to this Agreement or against any liability which that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the its performance of its duties or by reason of reckless disregard of for its obligations or and duties hereunderunder this Agreement. The Depositor or the Master Servicer and any directordirectors, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind which, prima facie, is facie properly executed and submitted by any appropriate Person respecting any matters arising hereunder.

Limitation on Liability of the Depositor and the Master Servicer. Neither the Depositor nor the Master Servicer nor any of the directors, officers, employees or agents of the Depositor or the Master Servicer shall be under any liability to the Trust, the Certificateholders [or the Certificate Insurer] for any action taken, or for refraining from the taking of any action, in good faith pursuant to this Agreement, or for errors in judgment; providedPROVIDED, howeverHOWEVER, that this provision shall not protect the Depositor or the Master Servicer or any such Person against any breach of warranties or representations made herein, or against any specific liability imposed on each such party pursuant to this Agreement or against any liability which 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 or duties hereunder. The Depositor or the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind which, prima facie, is properly executed and submitted by any appropriate Person respecting any matters arising hereunder.

Limitation on Liability of the Depositor and the Master Servicer. Neither the Depositor nor the Master Servicer nor any of the directors, officers, employees or agents of the Depositor or the Master Servicer shall be under any liability to the Trust, the Certificateholders [or the Certificate Insurer] Insurer for any action taken, or for refraining from the taking of any action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or the Master Servicer or any such Person against any breach of warranties or representations made herein, or against any specific liability imposed on each such party pursuant to this Agreement or against any liability which 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 or duties hereunder. The Depositor or the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind which, prima facie, is properly executed and submitted by any appropriate Person respecting any matters arising hereunder.

Limitation on Liability of the Depositor and the Master Servicer. Neither Except as set forth in Section 9.01 herein, neither the Depositor nor the Master Servicer nor any of the directors, officers, employees or agents of the Depositor or the Master Servicer shall be under any liability to the TrustOwner Trustee, the Certificateholders [Indenture Trustee, the Servicer, the Securities Insurer, the Noteholders or the Certificate Insurer] any other Person for any action taken, taken or for refraining from the taking of any action, action at the direction of the Securities Insurer or any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or the Master Servicer or any such Person against any breach of warranties or representations made herein, or against any specific liability imposed on each such party pursuant to this Agreement or against any liability which that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the its performance of its duties or by reason of reckless disregard of for its obligations or and duties hereunderunder this Agreement. The Depositor or the Master Servicer and any directordirectors, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind which, prima facie, is facie properly executed and submitted by any appropriate Person respecting any matters arising hereunder.