Common use of Trustee Liability Limitations Clause in Contracts

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A. ("Xxxxx"), not individually or personally but solely as Securities Administrator, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreement, (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 Xxxxx but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on 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 Xxxxx from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo U.S. Bank National Association (“U.S. Bank, N.A. ("Xxxxx"”), not individually or personally but solely as Securities Administrator, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreement, (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 Xxxxx U.S. Bank but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on XxxxxU.S. Bank, 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 Xxxxx U.S. Bank from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.. Reference Number: FXNCC6778 HomeBanc Mortgage Trust 2005-1 by, U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes February 23, 2005

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 Xxxxx Fargo Bank, N.A. U.S. Bank National Association ("XxxxxU.S. Bank"), not individually or personally but solely as Securities AdministratorTrustee of Party B, in the exercise of the powers and authority conferred and vested in it pursuant to and that U.S. Bank shall perform its duties and obligations hereunder in accordance with the Administration 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 the Counterparty Party B is made and intended not as personal representations, undertakings and agreements by Xxxxx U.S. Bank but is made and intended for the purpose of binding only the CounterpartyParty B, (c) nothing herein contained shall be construed as creating any liability on XxxxxU.S. Bank, 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 Xxxxx U.S. Bank from performing its duties and obligations under the Administration Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Counterparty Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Party B under this Agreement or any other related documents.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A. LaSalle Bank National Association ("Xxxxx"“LaSalle”), not individually or personally but solely as Securities Administrator, in the exercise Trustee on behalf of the powers and authority conferred and vested in it pursuant to the Administration AgreementSupplemental Interest Trust, (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 Xxxxx LaSalle but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on XxxxxLaSalle, 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 Xxxxx LaSalle from performing its duties and obligations under the Administration Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx LaSalle be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, other than due to its gross negligence or willful misconduct in performing the obligations of the Trustee under the Pooling and Servicing Agreement. 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, (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its 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, the Trustee, and LaSalle Bank National Association, as indenture trustee for Bear Xxxxxxx Asset Backed Securities I Trust 2005-HE12, Asset-Backed Certificates, Series 2005-HE12, (ii) the Pooling and Servicing Agreement, and (iii) this Agreement, the Derivative Administrator may act for Counterparty hereunder, and IXIS hereby acknowledges and agrees that it will, unless otherwise directed by the Trustee or the Derivative Administrator, make all payments hereunder to the account specified below. IXIS 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 Derivative Administrator.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo JPMorgan Chase Bank, N.A. ("XxxxxJPMorgan"), not individually or personally but solely as Securities AdministratorTrustee of the Counterparty, in the exercise of the powers and authority conferred and vested in it pursuant to and that JPMorgan shall perform its duties and obligations hereunder in accordance with the Administration 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 the Counterparty is made and intended not as personal representations, undertakings and agreements by Xxxxx JPMorgan but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on XxxxxJPMorgan, 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 Xxxxx JPMorgan from performing its duties and obligations hereunder and under the Administration Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx JPMorgan be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve JPMorgan 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 .

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo U.S. Bank National Association (“U.S. Bank, N.A. ("Xxxxx"”), not individually or personally but solely as Securities Administrator, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreement, (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 Xxxxx U.S. Bank but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on XxxxxU.S. Bank, 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 Xxxxx U.S. Bank from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.. Reference Number: FXNCC6777 HomeBanc Mortgage Trust 2005-1 by, U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes February 23, 2005

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Wxxxx Fargo Bank, N.A. N.A ("Xxxxx"), “WFBNA”) not individually or personally personally, but solely as Securities Administrator, Trustee under the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling and Servicing Agreement; (b) WFBNA has been directed pursuant to the Administration Agreement, 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 of the Counterparty Party B is made and intended not as personal representations, undertakings and agreements by Xxxxx of WFBNA but is made and intended for the purpose of binding only the Counterparty, Trust; (cd) nothing herein contained shall be construed as creating any liability on Xxxxxthe 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 Xxxxx from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (de) under no circumstances shall Xxxxx WFBNA be personally liable for the payment of any indebtedness or expenses of the Counterparty Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty 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 Trust in accordance with the terms of the Pooling and Servicing Agreement.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A. Deutsche Bank National Trust Company ("Xxxxx"“DB”), not individually or personally but solely as Securities Administrator, in Trustee for the exercise of the powers and authority conferred and vested in it pursuant to the Administration AgreementTrust, (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 Xxxxx undertaking or agreement of DB but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating imposing any liability on Xxxxxupon 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 Xxxxx DB from performing its duties and obligations under the Administration Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx DB be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the 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 for the Trust shall require the assignment of this agreement to DB’s replacement, and (f) Trustee has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement and to perform its obligations hereunder.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A. ("Xxxxx")Supplemental Interest Trust Trustee, not individually or personally but solely as Securities AdministratorSupplemental Interest Trust Trustee of the Counterparty, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreementit, (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 Xxxxx Supplemental Interest Trust Trustee, but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on Xxxxx, 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 Xxxxx Supplemental Interest Trust Trustee from performing its duties and obligations under the Administration Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx Supplemental Interest Trust Trustee be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo U.S. Bank National Association (“U.S. Bank, N.A. ("Xxxxx"”), not individually or personally but solely as Securities Administrator, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreement, (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 Xxxxx U.S. Bank but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on XxxxxU.S. Bank, 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 Xxxxx U.S. Bank from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall Xxxxx U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.. Reference Number: FXNCC6779 HomeBanc Mortgage Trust 2005-1 by, U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes February 23, 2005