Performance by us. If you fail to observe or perform any obligation on your part contained or implied in this agreement or if we consider it necessary or desirable to pay any moneys or incur any expenses in order to protect our interest under this agreement then we may perform such obligations, pay such money, or incur such expenses and any moneys so paid or expenses so incurred will be payable by you to us.
Performance by us. 5.1 We do not make any promises or claims as to the availability or uptime of the Click Demo. The Click Demo is a test environment. You may only use anonymous, non-live data. In particular, you must ensure that any payment data that is entered on the Click Demo is not live or production data. Any accounts or transactions made on the Click Demo are not real and no real money will change hands.
Performance by us. 9.1 We shall carry out the following actions only upon receipt of and in accordance with specific Instructions:
Performance by us. Bank. The parties expressly acknowledge and consent to U.S. Bank acting in the capacities of successor Servicer and in the capacity as Indenture Trustee and the Collateral Custodian. U.S. Bank may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by U.S. Bank of express duties set forth in this Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by U.S. Bank. 105
