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

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement against the Owner Trustee. FSB agrees that it will, in its individual capacity and at its own cost or expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof) promptly take such action as may be necessary to duly discharge and satisfy in full (i) all Lessor Liens which it is required to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on it, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement on any part of the Trust Estate, or on properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB in its individual capacity except the Lien created under the Trust Indenture, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder and (iii) any other Liens from claims against FSB in its individual capacity on any part of the Trust Estate which result from claims against FSB in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or otherwise to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents Agreements to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents Agreements to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement or any of the Operative Agreements to which the Owner Trustee is a party against the Owner Trustee. FSB The Owner Trustee nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof7.01) promptly take such action as may be necessary duly to duly discharge and satisfy in full (i) all Lessor Lessor's Liens which it is required attributable to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on itOwner Trustee in its individual capacity, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement (subject to the limitations on the liability of the Owner Trustee in its individual capacity set forth in Section 6.01) on any part of the Trust Estate, or on any properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB the Owner Trustee in its individual capacity except the Lien created under the Trust Indenturecapacity, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder hereunder, and (iii) any other Liens from claims against FSB or encumbrances attributable to the Owner Trustee in its individual capacity on any part of the Trust Estate which result from claims against FSB the Owner Trustee in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative DocumentsAgreements.

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or otherwise to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents Agreements to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents Agreements to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement or any of the Operative Agreements to which the Owner Trustee is a party against the Owner Trustee. FSB The Owner Trustee nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof7.01) promptly take such action as may be necessary duly to duly discharge and satisfy in full (i) all Lessor Lessor's Liens which it is required attributable to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on itOwner Trustee in its individual capacity, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement (subject to the limitations on the liability of the Owner Trustee in its individual capacity set forth in Section 6.01) on any part of the Trust Estate, or on any properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB the Owner Trustee in its individual capacity capacity, except the Lien created under the Trust Indenture, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder hereunder, and (iii) any other Liens from claims against FSB or encumbrances attributable to the Owner Trustee in its individual capacity on any part of the Trust Estate which result from claims against FSB the Owner Trustee in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative DocumentsAgreements.

No Duties Except as Specified in Trust Agreement or Instructions. (a) The Owner Trustee shall not have any duty or obligation to manage, control, use, make any payment in respect of, register, record, insure, inspect, sell, dispose of or otherwise deal with the Aircraft Daiwa FLOWS Certificates or any other part of the Trust Estate, or otherwise to otherwise take or refrain from taking any action under, under or in connection with any of the Operative Documents Related Agreement to which the Owner Trustee is a party, except as expressly required provided by the terms of this Trust Agreement or any of the Operative Documents to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof such other Related Agreement or in written instructions from the Owner Participant Certificateholders received pursuant to the terms of Section 5.01 or 5.02, 5.1(b); and no implied duties or obligations shall be read into this Trust Agreement against the Owner Trustee, other than the obligation of the Owner Trustee to exercise such of the rights and powers vested in it by this Trust Agreement in good faith and in a manner which is not grossly negligent and which does not constitute willful misconduct. FSB The Bank (and any successor trustee or co-trustee) in its individual capacity nevertheless agrees that it will, in its individual capacity and at its own cost or expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof) and expense, promptly take such all action as may be necessary to duly discharge and satisfy any Liens on the Trust Estate arising by, through or under the Owner Trustee (or any successor trustee or co-trustee appointed in full accordance with Article IX) either (i) all Lessor Liens when acting in its individual capacity or (ii) when acting improperly in its capacity, as Owner Trustee. (b) Without limiting the generality of the foregoing subsection (a), except as otherwise explicitly provided in this Trust Agreement or in any other Related Agreement to which it is required a party, neither the Owner Trustee nor the Bank shall have any duty to discharge pursuant (i) file or record any Related Agreement or any other document, or to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on itmaintain any such filing or recording or to refile or rerecord any such document, (ii) pay or discharge any Liens (other than Lessor's Liens attributable tax or any Lien owing with respect to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement on or assessed or levied against any part of the Trust Estate, other than to forward notice of such tax or on properties of Lien received by the Owner Trustee assignedto the Certificateholders and the Indenture Trustee, pledged (iii) confirm, verify, investigate or mortgaged inquire into the failure of any party to receive any reports or financial statements in connection with the Daiwa FLOWS Certificates, (iv) ascertain or inquire as to the performance or observance of any person or entity under or of any of the Related Agreements, or (v) manage, control, sell, dispose of or otherwise deal with the Daiwa FLOWS Certificates or any part hereof or any other part of the Trust Estate, which arise from acts . [End of FSB in its individual capacity except the Lien created under the Trust Indenture, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder and (iii) any other Liens from claims against FSB in its individual capacity on any part of the Trust Estate which result from claims against FSB in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.Article V]

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, make any payment in respect of, record, insure, inspect, sell, dispose of or otherwise deal with the Aircraft Facility or the Head Lease Interest or any other part of the Trust Estate, or to otherwise take or refrain from taking any action under, under or in connection with any of the Operative Documents Document to which the Owner Trustee Trust is a party, except as expressly required provided by the terms of any of the Operative Documents to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the this Trust Indenture) as expressly provided by the terms hereof Agreement or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 5.01, 5.02 or 5.02, 6.07 hereof; and no implied duties or obligations shall be read into this Trust Agreement against the Owner Trustee. FSB The Trust Company nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 5.03 or 7.01 hereof) ), promptly take such all action as may be necessary to duly discharge and satisfy in full (i) all Lessor any Lessor’s Liens which it is required attributable to discharge pursuant to Section 7(f) the Trust Company on any part of the Participation Agreement and otherwise comply with the terms of said Section binding on it, Trust Estate; (ii) any Liens (other than Lessor's ’s Liens attributable to it in its individual capacitythe Trust Company) created as a result of its breach of any of its obligations under this Trust Agreement on any part of the Trust EstateEstate or the Excepted Property, or on any properties of the Owner Trustee Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB in its individual capacity the Trust Company, except the Lien created under of the Trust IndentureLoan Agreement, the rights of the Lessee Lessees under the Lease and the rights of the Owner Participant hereunder hereunder; and (iii) any other Liens from claims against FSB in its individual capacity attributable to the Trust Company on any part of the Trust Estate or the Excepted Property which result from claims against FSB in its individual capacity the Trust Company unrelated to the ownership of the AircraftHead Lease Interest, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.