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 Supplemental Interest Trust Trustee, not individually or personally but solely as Supplemental Interest Trust Trustee of the Counterparty, 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 Counterparty is made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, but is made and intended for the purpose of binding only the Supplemental Interest Trust, (c) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Supplemental Interest Trust Trustee be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documents.

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 Supplemental Interest Trust TrusteeHSBC Bank USA, National Association (“HSBC”) not individually or personally personally, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it, it under the 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 the Counterparty Party B is made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, of HSBC but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee the part of HSBC, 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee HSBC be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust Party B under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.

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 LaSalle Bank National Association ("LaSalle") not individually or personally, but solely as Trustee on behalf of the Supplemental Interest Trust Trustee, not individually or personally but solely as Supplemental Interest Trust Trustee of the Counterparty, in the exercise of the powers and authority conferred and vested in it, it under the terms of the Pooling and Servicing Agreement; (b) 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; (c) each of the representations, undertakings and agreements herein made on the part behalf of the Counterparty Party B is made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, of LaSalle but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee the 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee LaSalle be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust Party B under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.

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 Supplemental Interest Trust TrusteeCitibank, N.A. (“Citi”) not individually or personally in its individual capacity, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested invested in it, it thereunder; (b) Citi 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 the Counterparty Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, of Citi but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; and (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee Citi, 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 who are signatories to this Agreement any by any Person person claiming by, through or under the such parties hereto; provided that nothing in this paragraph shall relieve Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee Citi in its individual capacity be personally liable for the payment of any indebtedness indebtness or expenses of the Supplemental Interest Trust or be liable for any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.

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 Supplemental Interest Trust TrusteeWxxxx Fargo Bank, N.A. (“WFBNA”) not individually or personally personally, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it, it under the terms of the Pooling and Servicing Agreement; (b) WFBNA 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 the Counterparty Party B is made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, of WFBNA but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee the part of WFBNA, 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee WFBNA be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust Party B under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.

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 Supplemental Interest Trust TrusteeCitibank, N.A. (“Citi”) not individually or personally in its individual capacity, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it, it thereunder; (b) Citi has been directed by the Depositor 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 the Counterparty Supplemental Interest Trust is made and intended not as personal representations, undertakings undertakings, and agreements by Supplemental Interest Trust Trustee, Citi but is are made and intended for the purpose of binding only the Supplemental Interest Trust, ; (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee Citi, individually or personally, to perform any covenant either expressed express or implied contained herein, all such liability, if any, being expressly expressed waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, by or through or under the parties heretosuch parties; provided that nothing in this paragraph shall relieve Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee Citi in its individual capacity be personally liable for the payment of any indebtedness payments hereunder or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.

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 Supplemental Interest Deutsche Bank National Trust TrusteeCompany (“DB”), not individually or personally but solely as Supplemental Interest Trust Trustee on behalf of the Counterparty, in the exercise of the powers and authority conferred and vested in itSupplemental Interest Trust, (b) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by Supplemental Interest Trust Trustee, undertaking or agreement of DB but is made and intended for the purpose of binding only the Supplemental Interest TrustCounterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Supplemental Interest Trust Trustee upon DB, 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 Supplemental Interest Trust Trustee DB from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Supplemental Interest Trust Trustee DB be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust Counterparty under this Agreement or any other related documents, other than due to its negligence or willful misconduct in performing the obligations of the Trustee under the Pooling and Servicing Agreement, (e) any resignation or removal of DB as trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to a replacement, and (f) DB has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement and to 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 Supplemental Interest Trust TrusteeHSBC Bank USA, National Association (“HSBC”) not individually or personally in its individual capacity, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it, it thereunder; (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, warranties, covenants, undertakings and agreements herein made on the part behalf of the Counterparty Supplemental Interest Trust is made and intended not as a personal representations, undertakings and agreements by representation of the Supplemental Interest Trust Trustee, Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; and (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee HSBC, 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee HSBC in its individual capacity be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Supplemental Interest Trust or be liable any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.

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 Supplemental Interest Trust TrusteeLaSalle Bank National Association (“LaSalle”), not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust Trustee of under the Counterparty, in Pooling and Servicing Agreement and the exercise of the powers and authority conferred and vested in itSwap Administration Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements by Supplemental Interest Trust Trustee, agreement of LaSalle but is made and intended for the purpose of binding only the Supplemental Interest TrustCounterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Supplemental Interest Trust Trustee LaSalle, 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 Supplemental Interest Trust Trustee LaSalle from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Supplemental Interest Trust Trustee LaSalle be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust Counterparty under this Agreement or any other related documents. Any resignation or removal of LaSalle as Supplemental Interest Trust Trustee under the Pooling and Servicing Agreement shall require the assignment of this 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 Supplemental Interest Trust TrusteeLaSalle Bank National Association, not individually or personally but solely as the Supplemental Interest Trust Trustee of the CounterpartyTrustee, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (b) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Counterparty is Supplemental Interest Trust are made and intended not as personal representations, undertakings and agreements by Supplemental Interest Trust Trustee, LaSalle Bank National Association but is are made and intended for the purpose of binding only the Supplemental Interest Trust, (c) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee LaSalle Bank National 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 who are signatories to this Agreement and by N-1-14 any Person person claiming by, through or under the such parties hereto; provided that nothing in this paragraph shall relieve Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Supplemental Interest Trust Trustee LaSalle Bank National Association be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.

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 Supplemental Interest Trust TrusteeHSBC Bank USA, National Association (“HSBC”) not individually or personally in its individual capacity, but solely as the Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested invested in it, it thereunder; (b) 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; (c) each of the representations, warranties, covenants, undertakings and agreements herein made on the part behalf of the Counterparty Supplemental Interest Trust is made and intended not as a personal representations, undertakings and agreements by representation of the Supplemental Interest Trust Trustee, Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; and (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee HSBC, 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee HSBC in its individual capacity be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Supplemental Interest Trust or be liable any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.

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 Supplemental Interest Trust TrusteeCitibank, N.A. (“Citibank”) not individually or personally in its individual capacity, but solely as Supplemental Interest Trust Trustee of under the Counterparty, Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it, it thereunder; (b) Citibank 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, warranties, covenants, undertakings and agreements herein made on the part behalf of the Counterparty Supplemental Interest Trust is made and intended not as a personal representations, undertakings and agreements by representation of the Supplemental Interest Trust Trustee, Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, ; and (cd) nothing herein contained shall be construed as creating any liability on Supplemental Interest Trust Trustee Citibank, 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 Supplemental Interest Trust Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Supplemental Interest Trust Trustee Citibank in its individual capacity be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Supplemental Interest Trust or be liable any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement or any other related documentsAgreement.