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, on behalf of itself and the other Secured Parties, hereunder are being granted in order to preserve and protect the security interest and Lien of the Collateral Agent and the other Secured Parties in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent or the other Secured Parties in connection therewith. 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 its own property, it being understood that the Collateral Agent shall not have any responsibility for: (a) ascertaining or taking action with respect to calls, conversions, exchanges, 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 (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. The Collateral Agent and the other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value of the Pledged Equity Securities.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent, on behalf of itself and Agent or the other Secured Parties, Trustees hereunder are being granted in order to preserve and protect the Collateral Agent's Liens and security interest and Lien of the Collateral Agent and the other Secured Parties in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent or the other Secured Parties Trustees in connection therewith. The Each of the Collateral Agent and the Trustees 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 such Trustee accords its own propertysimilar property in similar situations, it being understood that the Collateral Agent and the Trustees shall not have any responsibility for: for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent or either Trustee 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, or (iii) inquiring into or verifying that the Leasing Company has complied or will comply with its duty to furnish additional items of Collateral to the Collateral Agent and/or the Trustees pursuant to Section 6(d) hereof. The Absent knowledge to the contrary, the Collateral Agent and both Trustees may assume that the items of Collateral actually delivered to it are all items required to be so delivered and may assume that no other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value of the Pledged Equity Securitiessuch items need be so delivered.

No Assumption of Duties; Reasonable Care. The rights and ---------------------------------------- powers granted to the Collateral Agent, on behalf of itself and the other Secured Parties, Trustee hereunder are being granted in order to preserve and protect the security interest and Lien of the Collateral Agent Trustee and the other Secured Parties Holders in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, not impose any duties on the Collateral Agent or the other Secured Parties Trustee in connection therewiththerewith other than those expressly provided herein or imposed under applicable law. The Collateral Agent Except as provided by applicable law, 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 Trustee accords its own propertysimilar property held by the Trustee for similar accounts, it being understood that the Collateral Agent Trustee in its capacity as such shall not have any responsibility for: for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders maturities or other matters relative to any Pledged Collateral, whether or not the Collateral Agent Trustee has or is deemed to have knowledge of such matters; matters or (b) taking investing or reinvesting any necessary steps to preserve rights against any parties with respect to any Pledged Collateral. The Collateral Agent and the other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value of the Pledged Equity SecuritiesCollateral or any loss on any investment; provided, however, that nothing contained in this Agreement shall relieve the Trustee of any responsibilities as a securities intermediary under applicable law. The Trustee shall be entitled to all of the benefits, privileges and immunities accorded to it under the 13% Notes Indenture.

No Assumption of Duties; Reasonable Care. The rights and powers granted to conferred on the Collateral Agent, on behalf of itself and the other Secured Parties, Trustee hereunder are being granted in order solely to preserve and protect the security interest and Lien of the Collateral Agent Trustee for its benefit and the other Secured Parties ratable benefit of the Holders of the Notes in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, impose any duties duty on the Collateral Agent or Trustee to exercise any such powers. Except for the other Secured Parties in connection therewith. The Collateral Agent shall be deemed to have exercised reasonable care in the safe custody and preservation of the Pledged any Collateral in its possession if and the Pledged accounting for moneys actually received by it hereunder, the Trustee shall have no duty as to any Collateral is accorded treatment substantially equal to that which the Collateral Agent accords its own property, it being understood that the Collateral Agent shall not have any responsibility for: for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent Trustee has or is deemed to have knowledge of such matters; or , (bii) taking any necessary steps to preserve rights against any parties with respect or any other rights pertaining to any Pledged CollateralCollateral or (c) investing or reinvesting any of the Collateral or any loss on any investment. The Trustee shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral Agent in its possession if such Collateral is accorded treatment substantially equal to that which it accords its own property. The Trustee shall be entitled to all the rights, benefits, privileges and immunities accorded to it under the other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value of the Pledged Equity SecuritiesIndenture.

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Collateral Agent, on behalf of itself and Agent or the other Secured Parties, Trustees hereunder are being granted in order to preserve and protect the Collateral Agent's Liens and security interest and Lien of the Collateral Agent and the other Secured Parties in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, impose any duties on the Collateral Agent or the other Secured Parties Trustees in connection therewith. The Each of the Collateral Agent and the Trustees 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 such Trustee accords its own propertysimilar property in similar situations, it being understood that the Collateral Agent and the Trustees shall not have any responsibility for: for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Collateral Agent or either Trustee 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, or (iii) inquiring into or verifying that the Company has complied or will comply with its duty to furnish additional items of Collateral to the Collateral Agent and/or the Trustees pursuant to Section 6(d) hereof. The Absent knowledge to the contrary, the Collateral Agent and the other Secured Parties are hereby released from all responsibility for any depreciation in or loss Trustees may assume that the items of value of the Pledged Equity Securities.Collateral actually

No Assumption of Duties; Reasonable Care. The rights and powers granted to conferred on the Collateral Agent, on behalf of itself and the other Secured Parties, Agent hereunder are being granted in order solely to preserve and protect the security interest and Lien Security Interest of the Collateral Agent and the other Secured Parties in and to the Pledged Collateral granted hereby free from adverse claims and shall not be interpreted to, and shall not, not impose any duties on the Collateral Agent or the other Secured Parties in connection therewiththerewith other than those expressly provided herein or imposed under applicable law. The 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 its own propertyaccount, it being understood that the Collateral Agent in its capacity as such shall not have any responsibility for: for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders 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; or , (b) taking any necessary steps to preserve rights against any parties with respect to any Pledged CollateralCollateral or (c) investing or reinvesting any of the Collateral or any loss on any investment. The Collateral Agent and shall not be responsible for the other Secured Parties are hereby released from all responsibility for any depreciation in or loss of value sufficiency of the Pledged Equity SecuritiesCollateral or this Pledge Agreement and shall be entitled to all the rights, benefits, privileges and immunities accorded to the Trustee under Article 7 of the Indenture.