Common use of Limitation on Liability of the Supplemental Servicer; Indemnification Clause in Contracts

Limitation on Liability of the Supplemental Servicer; Indemnification. (a) The Supplemental Servicer and any director, officer, employee or agent of the Supplemental Servicer may rely in good faith on any document of any kind which, prima facie, is properly executed and submitted by any Person respecting any matters arising thereunder. None of the Supplemental Servicer, nor any of its directors, officers, employees or agents shall have any liability to the Trustee, the Trust or the Certificateholders for any action taken or for refraining from the taking of any action by it relating to this Amendment or for errors in judgment; provided, however, that this provision shall not protect the Supplemental Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of the duties of the Supplemental Servicer or by reason of reckless disregard of the obligations and duties of the Supplemental Servicer hereunder. The Supplemental Servicer shall not have any liability for any consequential, incidental, special, exemplary, punitive, or any similar, damages and each party hereto irrevocably and unconditionally waives any right it may have to claim or recover any such damages.