Common use of Supplemental Interest Trust Trustee Liability Limitations Clause in Contracts

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company Americas, not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas but is made and intended for the purpose of binding only Party A and Party B, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company Americas, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and therein.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche U.S. Bank Trust Company AmericasNational Association, not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche U.S. Bank Trust Company Americas National Association shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche U.S. Bank Trust Company Americas National Association but is made and intended for the purpose of binding only Party A and Party B, (c) nothing herein contained shall be construed as creating any liability on Deutsche U.S. Bank Trust Company AmericasNational Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche U.S. Bank Trust Company Americas National Association from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche U.S. Bank Trust Company Americas National Association be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve Deutsche U.S. Bank Trust Company Americas National Association from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and therein.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association ("LaSalle") not in its individual capacity, not individually or personally but solely as Supplemental Interest Trust Trustee of Party A under the Pooling and Party B, Servicing Agreement in the exercise of the powers and authority conferred and vested invested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of thereunder; (b) LaSalle has been directed pursuant to the Pooling and Servicing Agreement, Agreement to enter into this Agreement and to perform its obligations hereunder; (bc) each of the representations, warranties, covenants, undertakings and agreements herein made on behalf of the part of Party A and Party B Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A the Supplemental Interest Trust; and Party B, (cd) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the such parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle, individually, be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of Party A or Party B the Supplemental Interest Trust or be liable for the breach or failure of any obligationobligations, representation, warranty or covenant made or undertaken by Party A or Party B the Supplemental Interest Trust under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and thereinAgreement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrustee, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing in (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this paragraph shall relieve Deutsche Bank Trust Company Americas from performing Agreement and to perform its duties and obligations hereunder and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of December 30, 2005, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee, and LaSalle Bank National Association, as trustee for Bear Xxxxxxx Asset Backed Securities I Trust 2005-EC1, Asset-Backed Certificates, Series 2005-EC1, (ii) the Pooling and Servicing Agreement, and (iii) this Agreement, the Swap Administrator may act for the Counterparty hereunder, and BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Swap Administrator, make all payments hereunder to the account specified below. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement in accordance with shall require the standard assignment of care set forth herein and thereinthis agreement to LaSalle’s replacement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, N.A. (“Xxxxx”), not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by Deutsche Bank Trust Company Americas undertaking or agreement of Xxxxx but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Deutsche Bank Trust Company Americasupon Xxxxx, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas Xxxxx from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas Xxxxx be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing other than due to its negligence or willful misconduct in this paragraph shall relieve Deutsche Bank performing the obligations of the Supplemental Interest Trust Company Americas from performing its duties and obligations hereunder and Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of Xxxxx as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to Xxxxx’ replacement, and (f) Xxxxx has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement in accordance with the standard of care set forth herein and thereinto perform its obligations hereunder.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche HSBC Bank Trust Company AmericasUSA, National Association (“HSBC”) not individually or personally personally, but solely as Supplemental Interest Trust Trustee of Party A under the Pooling and Party B, Servicing Agreement in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with under the standard of care set forth in Article VIII terms of the Pooling and Servicing Agreement, ; (b) HSBC has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its obligations hereunder; (c) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas of HSBC but is made and intended for the purpose of binding only Party A and Party B, the Supplemental Interest Trust; (cd) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company Americasthe part of HSBC, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained hereinherein (including, for the avoidance of doubt, any liability, individually or personally, for any failure or delay in making a payment hereunder to Party A due to any failure or delay in receiving amounts held in the account held by the Supplemental Interest Trust created pursuant to the Pooling and Servicing Agreement), all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Deutsche Bank Trust Company Americas HSBC be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under accordance with the terms of the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and thereinAgreement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, N.A. (“Xxxxx”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise on behalf of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementSupplemental Interest Trust, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by Deutsche Bank Trust Company Americas undertaking or agreement of Xxxxx but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Deutsche Bank Trust Company Americasupon Xxxxx, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas Xxxxx from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas Xxxxx be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing other than due to its negligence or willful misconduct in this paragraph shall relieve Deutsche Bank performing the obligations of the Supplemental Interest Trust Company Americas from performing its duties and obligations hereunder and Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of Xxxxx as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to Xxxxx’ replacement, and (f) Xxxxx has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement in accordance with the standard of care set forth herein and thereinto perform its obligations hereunder.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrustee, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing in (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this paragraph shall relieve Deutsche Bank Trust Company Americas from performing Agreement and to perform its duties and obligations hereunder and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of November 30, 2005, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee, and LaSalle Bank National Association, as trustee for Bear Xxxxxxx Asset Backed Securities I Trust 2005-AQ2, Asset-Backed Certificates, Series 2005-AQ2, (ii) the Pooling and Servicing Agreement, and (iii) this Agreement, the Swap Administrator may act for the Counterparty hereunder, and BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Swap Administrator, make all payments hereunder to the account specified below. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement in accordance with shall require the standard assignment of care set forth herein and thereinthis agreement to LaSalle’s replacement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrustee, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing in (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this paragraph shall relieve Deutsche Bank Trust Company Americas from performing Agreement and to perform its duties and obligations hereunder and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of November 30, 2005, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee and LaSalle Bank National Association, as trustee for Bear Xxxxxxx Asset Backed Securities I Trust 2005-HE11 Asset-Backed Certificates, Series 2005-HE11, and as amended from time to time, (ii) the Pooling and Servicing Agreement and (iii) this Agreement, the Derivative Administrator may act for the Counterparty hereunder, and BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Derivative Administrator, make all payments hereunder to the account specified below. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement in accordance with shall require the standard assignment of care set forth herein and thereinthis agreement to LaSalle’s replacement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrustee, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing in (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this paragraph shall relieve Deutsche Bank Trust Company Americas from performing Agreement and to perform its duties and obligations hereunder and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of November 30, 2005, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee and LaSalle Bank National Association, as trustee for Bear Xxxxxxx Asset Backed Securities I Trust 2005-HE11 Asset-Backed Certificates, Series 2005-HE11, and as amended from time to time (ii) the Pooling and Servicing Agreement and (iii) this Agreement, the Derivative Administrator may act for the Counterparty hereunder, and BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Derivative Administrator, make all payments hereunder to the account specified below. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement in accordance with shall require the standard assignment of care set forth herein and thereinthis agreement to LaSalle’s replacement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association ("LaSalle"), not individually or personally personally, but solely as Supplemental Interest Trust Trustee on behalf of Party A and Party B, the Supplemental Interest Trust in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with under the standard of care set forth in Article VIII terms of the Pooling and Servicing Agreement, ; the Supplemental Interest Trust Trustee has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its obligations hereunder; (bc) each of the representations, undertakings and agreements herein made on the part behalf of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas of LaSalle but is made and intended for the purpose of binding only Party A and Party B, the Supplemental Interest Trust; (cd) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company Americasthe part of LaSalle, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under accordance with the terms of the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and thereinAgreement.

Supplemental Interest Trust Trustee Liability Limitations. It Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche HSBC Bank Trust Company AmericasUSA, National Association (the “Trustee”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas the Trustee shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas the Trustee but is made and intended for the purpose of binding only Party A and Party B, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company Americasthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas the Trustee from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas the Trustee be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and therein.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, N.A. (“Xxxxx”), not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas Xxxxx but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasXxxxx, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas Xxxxx from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas Xxxxx be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing other than due to its gross negligence or willful misconduct in this paragraph shall relieve Deutsche Bank performing the obligations of the Supplemental Interest Trust Company Americas from performing its duties and obligations hereunder and Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of Xxxxx as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to Xxxxx’x replacement, and (f) Xxxxx has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement in accordance with the standard of care set forth herein and thereinto perform its obligations hereunder.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association, not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche LaSalle Bank Trust Company Americas National Association shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche LaSalle Bank Trust Company Americas National Association but is made and intended for the purpose of binding only Party A and Party B, (c) nothing herein contained shall be construed as creating any liability on Deutsche LaSalle Bank Trust Company AmericasNational Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche LaSalle Bank Trust Company Americas National Association from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche LaSalle Bank Trust Company Americas National Association be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve Deutsche LaSalle Bank Trust Company Americas National Association from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and therein.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party B, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representationpresentation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing other than due to its gross negligence or willful misconduct in this paragraph shall relieve Deutsche Bank performing the obligations of the Supplemental Interest Trust Company Americas from performing its duties and obligations hereunder and Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of LaSalle as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to LaSalle’s replacement, (f) LaSalle has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement and to perform its obligations hereunder, and (g) the parties hereto acknowledge and agree that under (i) the Swap Administration Agreement, dated as of May 30, 2006, among LaSalle Bank National Association, as derivative administrator (in accordance with such capacity, the standard of care set forth herein “Swap Administrator”), the Supplemental Interest Trust Trustee, and thereinthe Trustee, (ii) the Pooling and Servicing Agreement, and (iii) this Agreement, the Swap Administrator, may act for Party B hereunder, and Party A hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Swap Administrator, make all payments hereunder to the account specified in the related Confirmations. Party A shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Swap Administrator.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, N.A. (“Xxxxx”), not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by Deutsche Bank Trust Company Americas undertaking or agreement of Xxxxx but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Deutsche Bank Trust Company Americasupon Xxxxx, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas Xxxxx from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas Xxxxx be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing other than due to its gross negligence or willful misconduct in this paragraph shall relieve Deutsche Bank performing the obligations of the Supplemental Interest Trust Company Americas from performing its duties and obligations hereunder and Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of Xxxxx as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to Xxxxx’x replacement, and (f) Xxxxx has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement in accordance with the standard of care set forth herein and thereinto perform its obligations hereunder.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, N.A. (“Xxxxx”) not in individually or personally personally, but solely as Supplemental Interest Trust Trustee of Party A under the Pooling and Party B, Servicing Agreement in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with under the standard of care set forth in Article VIII terms of the Pooling and Servicing Agreement, ; (b) Xxxxx has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its obligations hereunder; (c) each of the representations, undertakings and agreements herein made on the part behalf of Party A and Party B is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas of Xxxxx but is made and intended for the purpose of binding only Party A and Party B, the Supplemental Interest Trust; (cd) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company Americasthe part of Xxxxx, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Deutsche Bank Trust Company Americas Xxxxx be personally liable for the payment of any indebtedness or expenses of Party A or Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B under this Agreement or any other related documents; provided, that nothing as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and obligations hereunder and under accordance with the terms of the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and thereinAgreement.

Supplemental Interest Trust Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche LaSalle Bank Trust Company AmericasNational Association (“LaSalle”), not individually or personally but solely as Supplemental Interest Trust Trustee of Party A and Party B, in the exercise of the powers and authority conferred and vested in it and that Deutsche Bank Trust Company Americas shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing AgreementTrustee, (b) each of the representations, undertakings and agreements herein made on the part of Party A and Party B the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank Trust Company Americas LaSalle but is made and intended for the purpose of binding only Party A and Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on Deutsche Bank Trust Company AmericasLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas LaSalle from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Deutsche Bank Trust Company Americas LaSalle be personally liable for the payment of any indebtedness or expenses of Party A or Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party A or Party B the Counterparty under this Agreement or any other related documents; provided, that nothing in (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this paragraph shall relieve Deutsche Bank Trust Company Americas from performing Agreement and to perform its duties and obligations hereunder and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of February 28, 2006, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee, and LaSalle Bank National Association, as trustee for Bear Stearns Asset Backed Xxxxxxties I Trust 2006-EC2, Asset-Backed Certificates, Series 2006-EC2, (ii) the Pooling and Servicing Agreement, and (iii) this Agreement, the Derivative Administrator may act for the Counterparty hereunder, and BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Derivative Administrator, make all payments hereunder to the account specified below. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement in accordance with shall require the standard assignment of care set forth herein and thereinthis agreement to LaSalle’s replacement.