Common use of Limitation on Liability of the Trustee Clause in Contracts

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, that (i) this Agreement document is executed and delivered by the Trustee Wilmington Trust Company, not individually or personally personally, but solely as trustee of the TrustTrustee, in the exercise of the powers and authority conferred and vested in it under pursuant to the Pooling Trust Agreement (LOC 2003 TRUST), dated July 28, 2003, between Wilmington Trust Company, as trustee, and Servicing Agreementthe Borrower, as beneficial owner, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust Lender is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by the Trustee Wilmington Trust Company but is made and intended for the purpose of for binding only the TrustLender, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeWilmington Trust Company, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto hereto, and (iv) under no circumstances shall the Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust Lender or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Lender under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreementdocuments.

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, that (i) this Agreement document is executed and delivered by the Trustee Wilmington Trust Company, not individually or personally personally, but solely as trustee of the TrustTrustee, in the exercise of the powers and authority conferred and vested in it under pursuant to the Pooling and Servicing Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust Borrower is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by the Trustee Wilmington Trust Company but is made and intended for the purpose of for binding only the TrustBorrower, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeWilmington Trust Company, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto hereto, and (iv) under no circumstances shall the Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Borrower under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreementdocuments.