Common use of Trustee Limitation of Liability Clause in Contracts

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 The parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund SocietyTrust, FSB, d/b/a Christiana TrustNational Association, not individually or personally but solely as Trustee of the trustee for the SellerBorrower, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller are Trustee and the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund SocietyTrust, FSBNational Association, d/b/a Christiana Trust but are is made and intended for the purpose of binding only the SellerBorrower, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund SocietyTrust, FSB, d/b/a Christiana TrustNational Association, individually or personally, to perform any covenant either expressed or implied contained herein of the Trustee or therein, as applicablethe Borrower, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement hereto and by any person Person claiming by, through or under such the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trustee or the Borrower in this Agreement and (de) under no circumstances shall Wilmington Savings Fund SocietyTrust, FSB, d/b/a Christiana Trust National Association be personally liable for the payment of any indebtedness or expenses of the Seller Trustee or the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller Trustee or the Borrower under this Amendment and Agreement or any other agreement related heretodocuments.

Trustee Limitation of Liability. It is expressly understood and agreed by the The parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, FSB not individually or personally but solely as Trustee of the trustee for the SellerPurchaser, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller are Purchaser is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust but are is made and intended for the purpose of binding only the SellerPurchaser, in its capacity as such, (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 or obligation of the Purchaser, either expressed or implied contained herein or therein, as applicableherein, 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 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 the Purchaser or any other party in this Agreement and (de) under no circumstances shall Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust FSB be personally liable for the payment of any indebtedness or expenses of the Seller Purchaser or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Seller Purchaser under this Amendment and Agreement or any other agreement related heretodocuments.

Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana TrustNational Association, not individually or personally but solely as the trustee for the SellerTrustee, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (b) the representations, warranties, covenants, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller trust created pursuant to the Pooling and Servicing Agreement (the “Trust”) are made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana Trust National Association but are made and intended for the purpose of binding only the SellerTrust, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana TrustNational Association, individually or personally, to perform any covenant either expressed or implied contained herein or therein, as applicableherein, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement Agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana Trust National Association be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Seller Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller Trust under this Amendment and any other agreement related heretoAgreement.

Trustee Limitation of Liability. It is expressly understood and agreed by the The parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund Society|US-DOCS\130674191.18|| Trust, FSB, d/b/a Christiana TrustNational Association, not individually or personally but solely as Trustee of the trustee for the SellerBorrower, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller are Trustee and the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund SocietyTrust, FSBNational Association, d/b/a Christiana Trust but are is made and intended for the purpose of binding only the SellerBorrower, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund SocietyTrust, FSB, d/b/a Christiana TrustNational Association, individually or personally, to perform any covenant either expressed or implied contained herein of the Trustee or therein, as applicablethe Borrower, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement hereto and by any person Person claiming by, through or under such the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trustee or the Borrower in this Agreement and (de) under no circumstances shall Wilmington Savings Fund SocietyTrust, FSB, d/b/a Christiana Trust National Association be personally liable for the payment of any indebtedness or expenses of the Seller Trustee or the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller Trustee or the Borrower under this Amendment and Agreement or any other agreement related heretodocuments.

Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana TrustNational Association, not individually or personally but solely as the trustee for the SellerTrustee, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (b) the representations, warranties, covenants, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller trust created pursuant to the Pooling and Servicing Agreement (the “Trust”) are made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana Trust National Association but are made and intended for the purpose of binding only the Sellerthe, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana TrustNational Association, individually or personally, to perform any covenant either expressed or implied contained herein or therein, as applicableherein, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement Agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall Wilmington Savings Fund SocietyHSBC Bank USA, FSB, d/b/a Christiana Trust National Association be personally liable for the payment of any indebtedness indemnity, indebtedness, fees or expenses of the Seller Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller Trust under this Amendment and any other agreement related heretoAgreement.