Common use of Owner Trustee Limitation of Liability Clause in Contracts

Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company (“Wilmington Trust”), not individually or personally but solely as owner trustee of the Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust but made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust, individually or personally, to perform any covenants, either expressed or implied, contained herein, all personal liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Wilmington Trust be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon it will become a binding agreement between the Trust, the Depositor, NMAC and the several Underwriters in accordance with its terms. Very truly yours, By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Treasurer By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: President The foregoing Underwriting Agreement is hereby confirmed and accepted as of the date first above written: By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Director Acting on behalf of itself and as Representative of the several Underwriters S-2 Nissan 2013-A Underwriting Agreement Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $ 440,000,000 X.X. Xxxxxx Securities LLC $ 220,000,000 RBC Capital Markets, LLC $ 220,000,000 Barclays Capital Inc. $ 30,000,000 Mitsubishi UFJ Securities (USA), Inc. $ 30,000,000 Mizuho Securities USA Inc. $ 30,000,000 Scotia Capital (USA) Inc. $ 30,000,000 Total $ 1,000,000,000 1. INTRODUCTORY 1

Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) each of this Agreement Indenture Supplement and the Series 2023-FTL1 Promissory Term Notes is executed and delivered by Wilmington Trust Company Savings Fund Society, FSB (“Wilmington TrustWSFS”), not individually or personally personally, but solely in its capacity as owner trustee of Owner Trustee under the TrustTrust Agreement, in the exercise of the powers and authority conferred and vested in itit thereunder, (b) each of the representations, undertakings warranties, undertakings, obligations and agreements herein or in the Series 2023-FTL1 Promissory Term Notes made on the part of the Trust Issuer is made and intended not as a personal representationrepresentations, undertaking warranties, undertakings, obligations and agreement agreements by Wilmington Trust WSFS, but is made and intended for the purpose of binding only, and is binding only on, the TrustIssuer, (c) nothing contained herein contained or in the Series 2023-FTL1 Promissory Term Notes shall be construed as creating any liability on Wilmington TrustWSFS, individually or personally, to perform any covenantscovenant or obligation of the Issuer, either expressed or implied, contained hereinherein or therein, all personal such liability, if any, being expressly waived by the parties hereto or thereto and by any person Person claiming by, through or under the parties heretohereto or thereto, (d) WSFS has not made and will not make any investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Indenture Supplement, the Series 2023-FTL1 Promissory Term Notes or any related document delivered pursuant hereto and (de) under no circumstances shall Wilmington Trust WSFS, be personally liable for the payment of any indebtedness indebtedness, indemnities or expenses of the Trust Issuer or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Issuer or by WSFS, as Owner Trustee on behalf of the Issuer under this Agreement Indenture Supplement, the Series 2023-FTL1 Promissory Term Notes or any other related document. If documents, as to all of which recourse shall be had solely to the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon it will become a binding agreement between the Trust, the Depositor, NMAC and the several Underwriters in accordance with its terms. Very truly yours, By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Treasurer By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: President The foregoing Underwriting Agreement is hereby confirmed and accepted as assets of the date first above written: By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Director Acting on behalf of itself and as Representative of the several Underwriters S-2 Nissan 2013-A Underwriting Agreement Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $ 440,000,000 X.X. Xxxxxx Securities LLC $ 220,000,000 RBC Capital Markets, LLC $ 220,000,000 Barclays Capital Inc. $ 30,000,000 Mitsubishi UFJ Securities (USA), Inc. $ 30,000,000 Mizuho Securities USA Inc. $ 30,000,000 Scotia Capital (USA) Inc. $ 30,000,000 Total $ 1,000,000,000 1. INTRODUCTORY 1Issuer.

Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) each of this Agreement Indenture Supplement and the Series 2023-GTL1 Promissory Term Notes is executed and delivered by Wilmington Trust Company Savings Fund Society, FSB (“Wilmington TrustWSFS”), not individually or personally personally, but solely in its capacity as owner trustee of Owner Trustee under the TrustTrust Agreement, in the exercise of the powers and authority conferred and vested in itit thereunder, (b) each of the representations, undertakings warranties, undertakings, obligations and agreements herein or in the Series 2023-GTL1 Promissory Term Notes made on the part of the Trust Issuer is made and intended not as a personal representationrepresentations, undertaking warranties, undertakings, obligations and agreement agreements by Wilmington Trust WSFS, but is made and intended for the purpose of binding only, and is binding only on, the TrustIssuer, (c) nothing contained herein contained or in the Series 2023-GTL1 Promissory Term Notes shall be construed as creating any liability on Wilmington TrustWSFS, individually or personally, to perform any covenantscovenant or obligation of the Issuer, either expressed or implied, contained hereinherein or therein, all personal such liability, if any, being expressly waived by the parties hereto or thereto and by any person Person claiming by, through or under the parties heretohereto or thereto, (d) WSFS has not made and will not make any investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Indenture Supplement, the Series 2023-GTL1 Promissory Term Notes or any related document delivered pursuant hereto and (de) under no circumstances shall Wilmington Trust WSFS, be personally liable for the payment of any indebtedness indebtedness, indemnities or expenses of the Trust Issuer or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Issuer or by WSFS, as Owner Trustee on behalf of the Issuer under this Agreement Indenture Supplement, the Series 2023-GTL1 Promissory Term Notes or any other related document. If documents, as to all of which recourse shall be had solely to the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon it will become a binding agreement between the Trust, the Depositor, NMAC and the several Underwriters in accordance with its terms. Very truly yours, By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Treasurer By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: President The foregoing Underwriting Agreement is hereby confirmed and accepted as assets of the date first above written: By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Director Acting on behalf of itself and as Representative of the several Underwriters S-2 Nissan 2013-A Underwriting Agreement Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $ 440,000,000 X.X. Xxxxxx Securities LLC $ 220,000,000 RBC Capital Markets, LLC $ 220,000,000 Barclays Capital Inc. $ 30,000,000 Mitsubishi UFJ Securities (USA), Inc. $ 30,000,000 Mizuho Securities USA Inc. $ 30,000,000 Scotia Capital (USA) Inc. $ 30,000,000 Total $ 1,000,000,000 1. INTRODUCTORY 1Issuer.

Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company (“Wilmington Trust”), not individually or personally but solely as owner trustee of the Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust but made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust, individually or personally, to perform any covenants, either expressed or implied, contained herein, all personal liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Wilmington Trust be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document. If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon it will become a binding agreement between the Trust, the Depositor, NMAC and the several Underwriters in accordance with its terms. Very truly yours, NISSAN MASTER OWNER TRUST RECEIVABLES By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Treasurer NISSAN WHOLESALE RECEIVABLES CORPORATION II By: /s/ Xxxx Xxxxxxxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx X. Xxxxxx Title: President Treasurer NISSAN MOTOR ACCEPTANCE CORPORATION By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Treasurer The foregoing Underwriting Agreement is hereby xxxxxx confirmed and accepted as of the date first above written: BARCLAYS CAPITAL INC. By: /s/ Xxxx X. Xxxxxxxx Xxxxx Xxxxxxxxxxx Name: Xxxx X. Xxxxxxxx Xxxxx Xxxxxxxxxxx Title: Managing Director Acting on behalf of itself and as Representative of the several Underwriters S-2 Nissan 2013-A Underwriting Agreement Barclays Capital Inc. $ 110,000,000 Citigroup Global Markets Inc. $ 55,000,000 RBC Capital Markets, LLC $ 55,000,000 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $ 440,000,000 X.X. Xxxxxx 5,000,000 Credit Agricole Securities LLC $ 220,000,000 RBC Capital Markets, LLC $ 220,000,000 Barclays Capital (USA) Inc. $ 30,000,000 5,000,000 HSBC Securities (USA) Inc. $ 5,000,000 Mitsubishi UFJ Securities (USA), Inc. $ 30,000,000 Mizuho Securities USA Inc. $ 30,000,000 5,000,000 Scotia Capital (USA) Inc. $ 30,000,000 5,000,000 SG Americas Securities, LLC $ 5,000,000 Total $ 1,000,000,000250,000,000 1. INTRODUCTORY 1

Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) each of this Agreement Indenture Supplement and the Series 2023-FTL1 Promissory Term Notes is executed and delivered by Wilmington Trust Company Savings Fund Society, FSB (“Wilmington TrustWSFS”), not individually or personally personally, but solely in its capacity as owner trustee of Owner Trustee under the TrustTrust Agreement, in the exercise of the powers and authority conferred and vested in itit thereunder, (b) each of the representations, undertakings warranties, undertakings, obligations and agreements herein or in the Series 2023-FTL1 Promissory Term Notes made on the part of the Trust Issuer is made and intended not as a personal representationrepresentations, undertaking warranties, undertakings, obligations and agreement agreements by Wilmington Trust WSFS, but is made and intended for the purpose of binding only, and is binding only on, the TrustIssuer, (c) nothing contained herein contained or in the Series 2023-FTL1 Promissory Term Notes shall be construed as creating any liability on Wilmington TrustWSFS, individually or personally, to perform any covenantscovenant or obligation of the Issuer, either expressed or implied, contained hereinherein or therein, all personal such liability, if any, being expressly waived by the parties hereto or thereto and by any person Person claiming by, through or under the parties heretohereto or thereto, (d) WSFS has not made and will not make any investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Indenture Supplement, the Series 2023- FTL1 Promissory Term Notes or any related document delivered pursuant hereto and (de) under no circumstances shall Wilmington Trust WSFS, be personally liable for the payment of any indebtedness indebtedness, indemnities or expenses of the Trust Issuer or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Issuer or by WSFS, as Owner Trustee on behalf of the Issuer under this Agreement Indenture Supplement, the Series 2023-FTL1 Promissory Term Notes or any other related document. If documents, as to all of which recourse shall be had solely to the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon it will become a binding agreement between the Trust, the Depositor, NMAC and the several Underwriters in accordance with its terms. Very truly yours, By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Treasurer By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: President The foregoing Underwriting Agreement is hereby confirmed and accepted as assets of the date first above written: By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Director Acting on behalf of itself and as Representative of the several Underwriters S-2 Nissan 2013-A Underwriting Agreement Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated $ 440,000,000 X.X. Xxxxxx Securities LLC $ 220,000,000 RBC Capital Markets, LLC $ 220,000,000 Barclays Capital Inc. $ 30,000,000 Mitsubishi UFJ Securities (USA), Inc. $ 30,000,000 Mizuho Securities USA Inc. $ 30,000,000 Scotia Capital (USA) Inc. $ 30,000,000 Total $ 1,000,000,000 1. INTRODUCTORY 1Issuer.