Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually or personally but solely as the trustee for the Seller, in the exercise of the powers and authority conferred and vested in it, (b) the representations, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller are made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust but are made and intended for the purpose of binding only the Seller, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, individually or personally, to perform any covenant either expressed or implied contained herein or therein, as applicable, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust be personally liable for the payment of any indebtedness or expenses of the Seller or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller under this Amendment and any other agreement related hereto.
Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by the Trustee, not individually or personally but solely as Trustee of the Trust under the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the 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 to this Agreement and by any person claiming by, through or under them and (d) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking by the Trust under this Agreement or any related documents.
Trustee Limitation of Liability. (a) This clause 19.4 applies to LTES Operator as trustee of the Trust to the extent that LTES Operator is acting in that capacity.
Trustee Limitation of Liability. [to be inserted]
Trustee Limitation of Liability. It is expressly understood and agreed by the Parties hereto that (a) this Agreement is executed and delivered by Wilmington Savings Fund Society, FSB, a federal savings bank, not individually or personally, but solely as Trustee of Company, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Company is made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB but is made and intended for the purpose for binding only Company, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by Company in this Agreement, and (e) under no circumstances shall Wilmington Savings Fund Society, FSB be personally liable for the payment of any indebtedness or expenses of Company or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Company under this Agreement or any related documents.
Trustee Limitation of Liability. Clause 17 of the Agreement is incorporated in this deed as if set out in full in this deed except that references to "this Agreement" are references to "this deed".
Trustee Limitation of Liability. Clause 17 of the Agreement is incorporated in this deed as if set out in full in this deed except that references to "this Agreement" are references to "this deed". Amending Deed to the Mortgage Origination and Management Agreement page 3 [FREEHILLS LOGO] SCHEDULES TABLE OF CONTENTS -------------------------------------------------------------------------- AMENDMENTS 5 REGULATION AB PROVISIONS 6 FORM OF ANNUAL CERTIFICATION 7 SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE 8 Amending Deed to the Mortgage Origination and Management Agreement page 4 [FREEHILLS LOGO] SCHEDULE 1 AMENDMENTS -------------------------------------------------------------------------- The Agreement is amended by:
Trustee Limitation of Liability. Any liability of the Trustee arising under or in connection with this Agreement is limited to the extent set forth on Schedule 10.
Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, National Association, not individually or personally but solely as the Trustee, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (b) the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trust are made and intended not as personal representations, undertakings and agreements by Xxxxx Fargo Bank, National Association but are made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on Xxxxx Fargo 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 who are signatories to this Agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall Xxxxx Fargo Bank, National Association be personally liable for the payment of any indemnity, indebtedness, fees or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement.
Trustee Limitation of Liability. (a) In this clause 12.13, the term Trust means each of the trusts established over the shares in the Company beneficially owned by the following funds, and Trustee means the trustee of such Trusts, in each case as indicated below: Trustee Trust Carp Advisory A Pty Ltd Carp Investment Trust No. 1 Carp Advisory B Pty Ltd Carp Investment Trust No. 2
