Common use of No Assumption of Duties; Reasonable Care Clause in Contracts

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agent. Except as provided by applicable law or by the Indenture, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for similar accounts, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in this Pledge Agreement shall relieve the Collateral Agent of any responsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent and the Holders other Secured Parties in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agenttherewith. Except as provided by applicable law or by the Indenture, the The Collateral Agent shall be deemed to have exercised reasonable care care, under Section 9-207 of the New York Uniform Commercial Code or otherwise, in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for similar accountsits own property, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (bii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. The Collateral or (c) investing or reinvesting any Agent shall be accountable only for amounts that it actually receives as a result of the Pledged Collateralexercise of such powers, providedand neither it nor its officers, howeverdirectors, that nothing contained in this Pledge Agreement employees or agents shall relieve be responsible to the Collateral Agent of Pledgor for any responsibilities as a securities intermediary under applicable lawact or failure to act hereunder, except for their own gross negligence or willful misconduct.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent and the Holders other Secured Parties in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agenttherewith. Except as provided by applicable law or by the Indenture, the The Collateral Agent shall be deemed to have exercised reasonable care care, under Section 9-207 of the New York Uniform Commercial Code or otherwise, in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for similar accountsits own property, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (bii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. The Collateral or (c) investing or reinvesting any Agent shall be accountable only for amounts that it actually receives as a result of the Pledged Collateralexercise of such powers, providedand neither it, howevernor its officers, that nothing contained in this Pledge Agreement directors, employees or agents shall relieve be responsible to the Collateral Agent of Pledgor for any responsibilities as a securities intermediary under applicable lawact or failure to act hereunder, except for their own gross negligence or willful misconduct.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the Collateral Agent's and the Holders' of Senior Notes security interest of the Collateral Agent and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agentlaw. Except as provided by applicable law or by the Indenturelaw, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for in similar accountssituations, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, matters or (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. To the extent applicable, the Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in Agent acting pursuant to this Pledge Agreement shall relieve be held to the Collateral Agent of any responsibilities same standards as a securities intermediary under applicable lawthose set forth in the Indenture with respect to the Trustee acting as trustee thereunder.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Escrow and Security Agreement or otherwise exist against the Collateral Agent. Except as provided by applicable law or by the Indenture, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for similar accounts, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in this Pledge Escrow and Security Agreement shall relieve the Collateral Agent of any responsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent Trustee hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent Trustee and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Collateral Agent Trustee in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Escrow and Security Agreement or otherwise exist against the Collateral AgentTrustee. Except as provided by applicable law or by the Indenture, the Collateral Security Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession (directly or through the New York Securities Intermediary) if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Security Agent accords similar property held by the Collateral Security Agent for similar accounts, it being understood that the Collateral Security Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Security Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in this Pledge Escrow and Security Agreement shall relieve the Collateral Security Agent of any responsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent or the Trustee hereunder are being granted in order to preserve and protect the Collateral Agent's Liens and security interest of the Collateral Agent and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Collateral Agent or the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agenttherewith. Except as provided by applicable law or by the Indenture, Each of the Collateral Agent and the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent or the Trustee accords similar property held by the Collateral Agent for in similar accountssituations, it being understood that neither the Collateral Agent in its capacity as such nor the Trustee shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent or the Trustee has or is deemed to have knowledge of such matters, (bii) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral Collateral, or (ciii) investing inquiring into or reinvesting any verifying that the Company has complied or will comply with its duty to furnish additional items of the Pledged Collateral, provided, however, that nothing contained in this Pledge Agreement shall relieve Collateral to the Collateral Agent or the Trustee pursuant to Section 6(d) hereof. Absent knowledge to the contrary, the Collateral Agent and the Trustee may assume that the items of any responsibilities as a securities intermediary under applicable lawCollateral actually delivered to it are all items required to be so delivered and may assume that no other such items need be so delivered.

No Assumption of Duties; Reasonable Care. The rights and powers granted to conferred on the Collateral Agent hereunder are being granted in order solely to preserve and protect the security interest Security Interest of the Collateral Agent and the Holders Secured Parties in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Agreement or otherwise exist against the Collateral Agentlaw. Except as provided by applicable law or by the Indenture, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Agent accords similar property held by the Collateral Agent for similar accountsits own account, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in Collateral or any loss on any investment. The Collateral Agent shall not be responsible for the sufficiency of the Collateral or this Pledge Agreement and shall relieve be entitled to all the Collateral Agent rights, benefits, privileges and immunities accorded to the Trustee under Article 7 of any responsibilities as a securities intermediary under applicable lawthe Indenture.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent Trustee hereunder are being granted in order to preserve and protect the security interest of the Collateral Agent Trustee and the Holders in and to the Pledged Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Collateral Agent Trustee in connection therewith other than those expressly provided herein or imposed under applicable law and no implied covenants, functions, responsibilities, duties, obligations, or liabilities shall be read into this Pledge Security and Disbursement Agreement or otherwise exist against the Collateral AgentTrustee. Except as provided by applicable law or by the Indenture, the Collateral Security Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Collateral Security Agent accords similar property held by the Collateral Security Agent for similar accounts, it being understood that the Collateral Security Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Security Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral or (c) investing or reinvesting any of the Pledged Collateral, provided, however, that nothing contained in this Pledge Security and Disbursement Agreement shall relieve the Collateral Security Agent of any responsibilities as a securities intermediary under applicable law.