Common use of Duties of Trustee and Trust Administrator Clause in Contracts

Duties of Trustee and Trust Administrator. The Trustee and the Trust Administrator, prior to the occurrence of an Event of Default and after the curing of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured), the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs. The Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administrator, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in the form required by this Agreement; provided, however, that the Trustee and the Trust Administrator shall not be responsible for the accuracy or content of any certificate, statement, instrument, report, notice or other document furnished by the Master Servicer or the Servicers pursuant to Articles III, IV and IX. No provision of this Agreement shall be construed to relieve the Trustee and the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Each of the Trustee and the Trust Administrator, prior to the occurrence of an a Servicer Event of Default and after the curing of all Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an During a Servicer Event of Default has occurred (which has not been cured)Default, each of the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, Administrator shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investor's person’s own affairs. The Any permissive right of the Trustee or the Trust Administrator enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administratorit, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in conform to the form required by requirements of this Agreement; provided, however, that neither the Trustee and nor the Trust Administrator shall not will be responsible for the accuracy or content of any certificatesuch resolutions, statementcertificates, instrumentstatements, reportopinions, notice reports, documents or other document furnished by instruments. If any such instrument is found not to conform to the Master Servicer or requirements of this Agreement in a material manner, it shall take such action as it deems appropriate to have the Servicers pursuant instrument corrected, and if the instrument is not corrected to Articles IIIits satisfaction, IV and IXit will provide notice thereof to the Certificateholders. No provision of this Agreement shall be construed to relieve the Trustee and or the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Each of the Trustee and the Trust Administrator, prior to the occurrence of an a Servicer Event of Default and after the curing of all Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an During a Servicer Event of Default has occurred (which has not been cured)Default, each of the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, Administrator shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs. The Any permissive right of the Trustee or the Trust Administrator enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administratorit, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in conform to the form required by requirements of this Agreement; provided. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, howeverit shall take such action as it deems appropriate to have the instrument corrected, that and if the Trustee instrument is not corrected to its satisfaction, it will provide notice thereof to the Certificateholders and the Trust Administrator shall not be responsible for the accuracy or content of any certificate, statement, instrument, report, notice or other document furnished by the Master Servicer or the Servicers pursuant to Articles III, IV and IXCertificate Insurer. No provision of this Agreement shall be construed to relieve the Trustee and or the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Each of the Trustee and the Trust Administrator, prior to the occurrence of an a Master Servicer Event of Default and after the curing of all Master Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an During a Master Servicer Event of Default has occurred (which has not been cured)Default, each of the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, Administrator shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs. The Any permissive right of the Trustee or the Trust Administrator enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administratorit, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in conform to the form required by requirements of this Agreement; provided. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, howeverit shall take such action as it deems appropriate to have the instrument corrected, that and if the Trustee and instrument is not corrected to its satisfaction, it will provide notice thereof to the Trust Administrator shall not be responsible for the accuracy or content of any certificate, statement, instrument, report, notice or other document furnished by the Master Servicer or the Servicers pursuant to Articles III, IV and IXCertificateholders. No provision of this Agreement shall be construed to relieve the Trustee and or the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Trustee and the Trust Administrator, prior to the occurrence of an Event of Default and after the curing of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured), the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs. The Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administrator, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in the form required by this Agreement; provided, however, that the Trustee and the Trust Administrator shall not be responsible for the accuracy or content of any certificate, statement, instrument, report, notice or other document furnished by the Master Servicer or the Servicers pursuant to Articles III, IV and IX. No provision of this Agreement shall be construed to relieve the Trustee and the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Each of the Trustee and the Trust Administrator, prior to the occurrence of an a Servicer Event of Default and after the curing of all Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an During a Servicer Event of Default has occurred (which has not been cured)Default, each of the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, Administrator shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs. The Any permissive right of the Trustee or the Trust Administrator enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administratorit, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in conform to the form required by requirements of this Agreement; provided, however, that neither the Trustee and nor the Trust Administrator shall not will be responsible for the accuracy or content of any certificatesuch resolutions, statementcertificates, instrumentstatements, reportopinions, notice reports, documents or other document furnished by instruments. If any such instrument is found not to conform to the Master Servicer or requirements of this Agreement in a material manner, it shall take such action as it deems appropriate to have the Servicers pursuant instrument corrected, and if the instrument is not corrected to Articles IIIits satisfaction, IV and IXit will provide notice thereof to the Certificateholders. No provision of this Agreement shall be construed to relieve the Trustee and or the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of Trustee and Trust Administrator. The Each of the Trustee and the Trust Administrator, prior to the occurrence of an a Servicer Event of Default and after the curing of all Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an During a Servicer Event of Default has occurred (which has not been cured)Default, each of the Trustee and the Trust Administrator, subject to the provisions of Sections 7.01, 7.03, 7.04 and 7.05, Administrator shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs. The Any permissive right of the Trustee or the Trust Administrator enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Trust Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Trust Administratorit, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they are in conform to the form required by requirements of this Agreement; provided. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, howeverit shall take such action as it deems appropriate to have the instrument corrected, that and if the Trustee instrument is not corrected to its satisfaction, it will provide notice thereof to the Certificateholders and the Trust Administrator shall not be responsible for the accuracy or content of any certificate, statement, instrument, report, notice or other document furnished by the Master Servicer or the Servicers pursuant to Articles III, IV and IXCertificate Insurer. No provision of this Agreement shall be construed to relieve the Trustee and or the Trust Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; providedPROVIDED, howeverHOWEVER, that: