Common use of Limitation on Recourse Clause in Contracts

Limitation on Recourse. The parties hereto agree that all statements, representations, covenants and agreements made by Lessor (when made in its capacity as such and not in its individual capacity) contained in this Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies that can be exercised and enforced against the Trust Estate. Therefore, no recourse shall be had with respect to anything contained in this Agreement (except for any express provisions that Lessor is responsible for in its individual capacity), against Lessor in its individual capacity or against any institution or person that becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them; provided that (i) this Section 21(n) shall not be construed to prohibit any action or proceeding against any party hereto for its own willful misconduct or grossly negligent conduct for which it would otherwise be liable and (ii) nothing contained in this Section 21(n) shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement or such other agreements of rights and remedies against the Trust Estate. The foregoing provisions of this Section 21(n) shall survive the termination of this Agreement and the other Operative Documents.

Limitation on Recourse. The parties hereto agree that all statements, representations, covenants and agreements made by Lessor (when made in its capacity as such and not in its individual capacity) contained in this Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies that can be exercised and enforced against the Trust Estate. Therefore, no recourse shall be had with respect to anything contained in this Agreement (except for any express provisions that Lessor is responsible for in its individual capacity), against Lessor in its individual capacity or against any institution or person that becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them; provided that (i) this Section 21(n) shall not be construed to prohibit any action or proceeding against any party hereto for its own willful misconduct or grossly negligent conduct for which it would otherwise be liable and (ii) nothing contained in this 115 Section 21(n) shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement or such other agreements of rights and remedies against the Trust Estate. The foregoing provisions of this Section 21(n) shall survive the termination of this Agreement and the other Operative Documents.

Limitation on Recourse. The parties hereto agree that all statements, representations, covenants and -110- 112 agreements made by Lessor (when made in its capacity as such and not in its individual capacity) contained in this Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies that can be exercised and enforced against the Trust Estate. Therefore, no recourse shall be had with respect to anything contained in this Agreement (except for any express provisions that Lessor is responsible for in its individual capacity), against Lessor in its individual capacity or against any institution or person that becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them; provided that (i) this Section 21(n) shall not be construed to prohibit any action or proceeding against any party hereto for its own willful misconduct or grossly negligent conduct for which it would otherwise be liable and (ii) nothing contained in this Section 21(n) shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement or such other agreements of rights and remedies against the Trust Estate. The foregoing provisions of this Section 21(n) shall survive the termination of this Agreement and the other Operative Documents.

Limitation on Recourse. The parties hereto agree that all statements, representations, covenants and agreements made by Lessor (when made in its capacity as such and not in its individual capacity) contained in this Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies that can be exercised and enforced against the Trust Estate. Therefore, no recourse shall be had with respect to anything contained in this Agreement (except for any express provisions that Lessor is responsible for in its individual capacity), against Lessor in its individual capacity or against any institution or person that becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them; provided that (i) this Section 21(n) shall not be construed to prohibit any action or -101- 107 proceeding against any party hereto for its own willful misconduct or grossly negligent conduct for which it would otherwise be liable and (ii) nothing contained in this Section 21(n) shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement or such other agreements of rights and remedies against the Trust Estate. The foregoing provisions of this Section 21(n) shall survive the termination of this Agreement and the other Operative Documents.

Limitation on Recourse. The parties hereto agree that all statements, representations, covenants and agreements made by Lessor (when made in its capacity as such and not in its individual capacity) contained in this Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies that can be exercised and enforced against the Trust Estate. Therefore, no recourse shall be had with respect to anything contained in this Agreement (except for any express provisions that Lessor is responsible for in its individual capacity), against Lessor in its individual capacity or against any institution or person that becomes a successor trustee or co-co- trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them; provided that (i) this Section 21(n) shall not be construed to prohibit any action or proceeding against any party hereto for its own willful misconduct or grossly negligent conduct for which it would -110- 116 otherwise be liable and (ii) nothing contained in this Section 21(n) shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement or such other agreements of rights and remedies against the Trust Estate. The foregoing provisions of this Section 21(n) shall survive the termination of this Agreement and the other Operative Documents.