Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on the Owner Trustee, individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators or agents shall have any liability with respect to this Indenture Supplement, and any recourse may be had solely to the Collateral.
Appears in 20 contracts
Samples: Indenture Supplement (American Express Receivables Financing Corp VIII LLC), Indenture Supplements (Barclays Dryrock Issuance Trust), Indenture Supplement (American Express Receivables Financing Corp VIII LLC)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust AgreementTrustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the Servicerany Transferor, the Administrator, the Beneficiary or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators employees or agents shall will have any liability with respect to this Indenture SupplementIndenture, and recourse of any recourse Noteholder may be had solely to the CollateralCollateral designated for inclusion in the specific Asset Pool and pledged to secure the applicable Notes.
Appears in 4 contracts
Samples: Indenture (Capital One Master Trust), Indenture (Capital One Master Trust), Indenture (Capital One Master Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2016-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-7) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) the Owner Trustee has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trust in the Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2023-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2016-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Class B(2020 2) Terms Document (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2021-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Asset Pool One Supplement is executed and delivered by the Owner Trustee, each Transferor not individually or personally but solely as Owner Trustee Beneficiary under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee any Transferor but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, any Transferor individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee will any Transferor be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Asset Pool One Supplement or any related documents.
(b) None of the Collateral Agent, the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary First USA or any other beneficiary Beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture Asset Pool One Supplement, and any recourse may be had solely to the CollateralCollateral pledged to secure the Asset Pool One Notes under this Asset Pool One Supplement.
Appears in 3 contracts
Samples: Asset Pool Supplement (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association), Indenture (First Usa Credit Card Master Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2019-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2021-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, First USA not individually or personally but solely as Owner Trustee under the Trust AgreementBeneficiary, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee First USA but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, First USA individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee will First USA be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary First USA or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators employers or agents shall will have any liability with respect to this Indenture SupplementIndenture, and recourse of any recourse Noteholder may be had solely to the CollateralCollateral designated for inclusion in the specific Asset Pool and pledged to secure the applicable Notes.
Appears in 3 contracts
Samples: Indenture Agreement (First Usa Credit Card Master Trust), Indenture (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) the Owner Trustee has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trust in the Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 3 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class B(2012 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2009-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Bank)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2011-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class B(2011 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class D(2009-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Class D(2009 1) Terms Document (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2017-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture Supplement and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture Supplement, and any recourse may be had solely to the CollateralCollateral pledged to secure the DiscoverSeries Notes under the Indenture and this Indenture Supplement.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2015-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2019-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2007-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2010-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class C(2010 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C(2008-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or Table of Contents implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-A) Notes under the Indenture, the Indenture Supplement and this Terms Document (except as expressly provided in Sections 9.01 and 9.02 of the Note Purchase Agreement).
Appears in 2 contracts
Limitations on Liability. Notwithstanding any other provision of this Indenture to the contrary:
(a) It the obligations of the Issuer with respect to the Bonds are limited, as set forth in Section 2.03; and the obligations of the Issuer under this Indenture, the Financing Agreement, the Regulatory Agreement, the Tax Certificate, the Intercreditor Agreement and any other Bond Mortgage Loan Document limited obligations of the Issuer payable by the Issuer solely from the Trust Estate and are not a debt of the Issuer, the State or any political subdivision of the State;
(b) nothing contained in the Bonds or in this Indenture shall be considered as assigning or pledging any funds or assets of the Issuer other than the Trust Estate;
(c) no failure of the Issuer to comply with any term, condition, covenant or agreement in this Indenture or in any document executed by the Issuer in connection with the Project, or the issuance, sale and delivery of the Bonds shall subject the Issuer to liability for any claim for damages, costs or other charges except to the extent that the same can be paid or recovered from the Trust Estate; and
(d) the Issuer shall not be required to advance any moneys derived from any source other than the Trust Estate for any of the purposes of this Indenture, any of the other Bond Documents or any of the Bond Mortgage Loan Documents, whether for the payment of the principal or redemption price of, or interest on, the Bonds, the payment of any fees or administrative expenses or otherwise; and
(e) neither the Issuer (or any officer, official or employee thereof) nor any person executing the Bonds is liable personally on the Bonds or subject to any personal liability or accountability by reason of their issuance; and no recourse under, or upon any statement, obligation, covenant, or agreement contained in this Indenture or in any Bond hereby secured, or in the Financing Agreement, or in any document or certification whatsoever, or under any judgment obtained against the Issuer or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, shall be had against any officer, official, employee or agent, as such, of the Issuer, either directly or through the Issuer, or otherwise, for the payment for, or to, the Issuer or any receiver thereof, or for, or to, the holder of any Bond issued hereunder or otherwise, of any sum that may be due and unpaid by the Issuer upon any such Bond; and any and all personal liability of every nature, whether at common law or in equity or by statute or by constitution or otherwise, of any such officer, official, employee or agent, as such, to respond by reason of any act or omission on his or her part or otherwise, for the payment for, or to, the Issuer or any receiver thereof, or for, or to, the holder of any Bond issued hereunder or otherwise, of any sum that may remain due and unpaid upon the Bonds hereby secured or any of them, is hereby expressly waived and released as an express condition of, and in consideration for, the execution of this Indenture and the issuance of the Bonds. Anything in this Indenture to the contrary notwithstanding, it is expressly understood and agreed by the parties hereto to this Indenture that (ia) the Issuer and the Trustee may rely exclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer or the Trustee or any Bondholder as to the existence of any fact or state of affairs, (b) the Issuer shall not be under any obligation under this Indenture Supplement is executed and delivered to perform any record keeping or to provide any legal services, it being understood that such services shall be performed or caused to be performed by the Owner TrusteeTrustee or by the Bondholders, not individually and (c) none of the provisions of this Indenture shall require the Issuer or personally but solely as Owner the Trustee under to expend or risk its own funds or otherwise to incur financial liability in the Trust Agreement, performance of any of its duties or in the exercise of the any of its rights or powers under this Indenture, unless it shall first have been adequately indemnified to its satisfaction against any costs, expenses and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not liability which it may incur as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose result of binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on the Owner Trustee, individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all taking such liability, if any, being expressly waived by the parties to the Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documentsaction.
(b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators or agents shall have any liability with respect to this Indenture Supplement, and any recourse may be had solely to the Collateral.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2018-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2009-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2010-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class C(2012 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2008-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2013-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Class C(2013 1) Terms Document (Discover Bank)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2009-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2017-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2014-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class A(2015 2) Terms Document (Discover Bank), Indenture Supplement (Discover Bank)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2008-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Trust Agreement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2007-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2011-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Trust Agreement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B ( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Master Owner Trustee, Trust Beneficiary not individually or personally but solely as Master Owner Trustee under the Trust AgreementBeneficiary, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Master Owner Trustee Trust Beneficiary but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Master Owner Trustee, Trust Beneficiary individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Master Owner Trustee Trust Beneficiary be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents.
(b) None of the Indenture Trustee, the Master Owner Trust Trustee, the Servicer, the Administrator, the Beneficiary NFSC or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators employers or agents shall will have any liability with respect to this Indenture SupplementIndenture, and any recourse may be had solely to the CollateralCollateral pledged to secure the Notes issued by Navistar Financial Dealer Note Master Owner Trust.
Appears in 2 contracts
Samples: Indenture (Navistar Financial Dealer Note Master Trust), Indenture (Navistar Financial Dealer Note Master Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C(2007-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Bank), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2014-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2019-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Funding LLC), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2011-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Class C(2011 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2007-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Bank)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2015-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Trust Agreement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2011-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)
Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents.
(b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.
Appears in 2 contracts
Samples: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement