Common use of No Duties Except as Specified in this Trust Agreement or in Instructions Clause in Contracts

No Duties Except as Specified in this Trust Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Trust Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3, and no implied duties or obligations shall be read into this Trust Agreement or any other Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Commission filing for the Trust or to record this Trust Agreement or any other Transaction Document. The Owner Trustee shall not have any duty to (1) monitor, determine, or verify the unavailability or cessation of LIBOR (or other applicable benchmark), or to determine whether or when there has occurred, or to give notice to any other transaction party of the occurrence of, any Benchmark Transition Event, (2) select, determine or designate any Benchmark Replacement, or other successor or replacement benchmark index, or whether any conditions to the designation of such a rate have been satisfied, (3) select, determine or designate any Benchmark Replacement Adjustment, or other modifier to any replacement or successor index, or (4) to determine whether or what Benchmark Replacement Conforming Changes are necessary or advisable, if any, in connection with any of the foregoing. The Owner Trustee shall not be liable for any inability, failure or delay on its part to perform any of its duties set forth in this Trust Agreement or any other Transaction Document as a result of the unavailability of LIBOR (or any other applicable benchmark) or the absence of a designated Benchmark Replacement, including as a result of any inability, delay, error or inaccuracy on the part of any other transaction party, in providing any direction, instruction, notice or information required or contemplated by this Trust Agreement or any other Transaction Document and reasonably required for the performance of such duties. The Owner Trustee shall, however, at its own cost and expense, promptly take all action as may be necessary to discharge any lien (other than the lien of the Indenture) on any part of the Owner Trust Estate that results from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

No Duties Except as Specified in this Trust Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of or otherwise deal with the Trust or the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, with this Trust Agreement or any Transaction Document or any document contemplated hereby to which the Owner Trustee or the Trust is a partythereby, except as expressly provided by the terms of this Trust Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3, 5.03 or any other provision of this Trust Agreement; and no implied duties (including fiduciary duties) or obligations shall be read into this Trust Agreement or any other Transaction Document against the Owner Trustee. To the extent that, at law or in equity, the Owner Trustee has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Person, the Owner Trustee shall not be liable to the Trust or to any other Person for the Owner Trustee’s good faith reliance on the provisions of this Trust Agreement. The provisions of this Trust Agreement, to the extent that they restrict or eliminate the duties and liabilities of the Owner Trustee otherwise existing at law or in equity are agreed by the parties hereto to replace such other duties and liabilities of the Owner Trustee. The Owner Trustee shall have no responsibility for filing or recording any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or under any Transaction Document or to prepare or file any Commission SEC filing for the Trust or to record this Trust Agreement or any other Transaction Document. The Owner Trustee shall not have any duty to (1) monitor, determine, or verify the unavailability or cessation of LIBOR (or other applicable benchmark), or to determine whether or when there has occurred, or to give notice to any other transaction party of the occurrence of, any Benchmark Transition Event, (2) select, determine or designate any Benchmark Replacement, or other successor or replacement benchmark index, or whether any conditions to the designation of such a rate have been satisfied, (3) select, determine or designate any Benchmark Replacement Adjustment, or other modifier to any replacement or successor index, or (4) to determine whether or what Benchmark Replacement Conforming Changes are necessary or advisable, if any, in connection with any of the foregoing. The Owner Trustee shall not be liable for any inability, failure or delay on its part to perform any of its duties set forth in this Trust Agreement or any other Transaction Document as a result of the unavailability of LIBOR (or any other applicable benchmark) or the absence of a designated Benchmark Replacement, including as a result of any inability, delay, error or inaccuracy on the part of any other transaction party, in providing any direction, instruction, notice or information required or contemplated by this Trust Agreement or any other Transaction Document and reasonably required for the performance of such duties. The Owner Trustee shall, howevernevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any lien (other than the lien of the Indenture) liens on any part of the Owner Trust Estate that results result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the Trust, this Trust Agreement, the Owner Trustee’s serving as Owner Trustee pursuant to this Trust Agreement or the ownership or the administration of the Owner Trust Estate.

No Duties Except as Specified in this Trust Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Trust Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3, and no implied duties or obligations shall be read into this Trust Agreement or any other Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Commission filing for the Trust or to record this Trust Agreement or any other Transaction Document. The Owner Trustee shall not have any duty to (1) monitor, determine, or verify the unavailability or cessation of LIBOR (or other applicable [insert benchmark)], or to determine whether or when there has occurred, or to give notice to any other transaction party of the occurrence of, any Benchmark Transition Event, (2) select, determine or designate any Benchmark Replacement, or other successor or replacement benchmark index, or whether any conditions to the designation of such a rate have been satisfied, (3) select, determine or designate any Benchmark Replacement Adjustment, or other modifier to any replacement or successor index, or (4) to determine whether or what Benchmark Replacement Conforming Changes changes are necessary or advisable, if any, in connection with any of the foregoing. The Owner Trustee shall not be liable for any inability, failure or delay on its part to perform any of its duties set forth in this Trust Agreement or any other Transaction Document as a result of the unavailability of LIBOR (or any other applicable [insert benchmark) or the absence of a designated Benchmark Replacement] , including as a result of any inability, delay, error or inaccuracy on the part of any other transaction party, in providing any direction, instruction, notice or information required or contemplated by this Trust Agreement or any other Transaction Document and reasonably required for the performance of such duties. The Owner Trustee shall, however, at its own cost and expense, promptly take all action as may be necessary to discharge any lien (other than the lien of the Indenture) on any part of the Owner Trust Estate that results from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.