Trustee Not Acting in Individual Capacity. Except as otherwise expressly provided herein, in accepting the trusts hereby created, the Trustee acts solely as trustee hereunder and not in its individual capacity, and all persons other than the Bank, as provided herein, having any claim against the Trustee by reason of the transactions contemplated hereby shall look only to the Trust Assets for payment or satisfaction thereof, but subject to the liens created pursuant to this Trust Agreement.
Trustee Not Acting in Individual Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by the Trustee (i) this Agreement is executed and delivered by Christiana Trust, a division of Wilmington Savings Fund Society, FSB (“Christiana Trust”) not in its individual capacity but solely as Trustee on behalf of Seller in the exercise of the powers and authority conferred upon and vested in it, (ii) each of the undertakings and agreements herein made on behalf of Seller is made and intended not as a personal undertaking or agreement of or by Christiana Trust but is made and intended for purposes of binding only the Seller, (iii) nothing herein contained shall be construed as creating any liability on the part of Christiana Trust, individually or personally, to perform any covenant either express or implied in this 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, and (iv) under no circumstances shall Christiana Trust in its individual capacity or in its capacity as Trustee be personally liable for the payment of any indebtedness, amounts or expenses owed by Seller (such indebtedness, expenses and other amounts being payable solely from and to the extent of funds of the Seller) or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made under this Agreement or any other related documents.
Trustee Not Acting in Individual Capacity. Each party hereto acknowledges that the Initial Trustee is entering into this Agreement solely as Owner Trustee and Lessor under the Secured Sale/Leaseback Documents and not, except as expressly provided herein, in its individual capacity, and in no case whatsoever shall it or any entity acting as successor Owner Trustee and Lessor under the Secured Sale/Leaseback Documents be personally liable for any loss in respect of any of the statements, representations, warranties, agreements or obligations of Trustee hereunder, except that each Trustee shall be severally liable, in its individual capacity, (a) for its own willful misconduct or gross negligence; (b) in the case of the inaccuracy of any of its representations or warranties contained in Section 7(a) of this Agreement; and (c) for the failure to use ordinary care in the receipt and disbursement of moneys actually received by it in accordance with the provisions hereof. [Signature Page Follows]
Trustee Not Acting in Individual Capacity. It is expressly understood by the parties hereto, and any person claiming by or through such parties, that the representations, warranties, covenants and obligations (including payment and indemnification obligations) of the Trust Subsidiary herein are solely the obligations of the Trust Subsidiary, for which recourse shall be limited solely to the assets of the Trust Subsidiary, and no recourse may be taken, directly or indirectly, with respect to such representations, warranties, covenants or obligations of the Trust Subsidiary set forth in this Agreement or any certificate or other writing delivered in connection herewith or therewith, against the Trustee or any of their respective officers, directors, employees, agents, successors or assigns. Pursuant to authority granted under the Trust Agreement, the rights, duties and obligations of the Trust Subsidiary hereunder may be exercised and performed by Administrator or other agents on behalf of the Trust Subsidiary and under no circumstances shall the Trustee have any duty or obligation to monitor, supervise, exercise or perform the rights, duties or obligations of the Trust Subsidiary or the Administrator or other agents hereunder or under any related agreement. With respect to any action to be taken by the Trust Subsidiary hereunder that is not specific with regards to which party shall act for the Trust, the Trustee shall not be required to take any action without its receipt of proper direction under the Trust Agreement, and if necessary, satisfactory indemnity. In executing the Agreement on behalf of the Trust and in taking any action hereunder, the Trustee shall be entitled to the rights, benefits, protections, indemnities and immunities afforded to it in the Trust Agreement.
