Common use of Multiple Roles Clause in Contracts

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the CustodianPaying Agent, the Back-Up successor Servicer, the Backup Servicer and the Successor ServicerCustodian. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the CustodianPaying Agent, the Back-Up successor Servicer, the Backup Servicer and the Successor ServicerCustodian. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and ), bad faith or willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. ARTICLE XIII

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK] 21345541.5

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacity as Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacity as Indenture Trustee and Trust Collateral Agent. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.. 102

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK] 19914942.3

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles capacities of Securities Intermediary, Paying Agent, Note Registrar, Manager Transfer Facilitator, and in the capacity as Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and any other Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. 104

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Hedge Collateral Account Bank, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles capacities of Securities Intermediary, Depositary Bank, Paying Agent, Note Registrar, and in the capacity as Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and any other Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. 22214937.4

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacity as Indenture Trustee and Trust Collateral Agent. Xxxxx Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Wxxxx Fargo Bank, National Association.. 103