Execution by Trust Company Sample Clauses

Execution by Trust Company. It is expressly understood and agreed by the parties that (a) this Agreement is executed and delivered by the Trust Company not individually or personally but solely in its capacity as owner trustee, in the exercise of the powers and authority conferred on and invested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein on the part of the owner trustee, as Lessor, is made and intended not as personal representations, undertakings and agreements by the Trust Company, but is made and intended to be made for the purpose of binding only Lessor and its trust estate, (c) nothing in the Transaction Documents shall be construed as creating any liability on the Trust Company, individually or personally, to perform any covenant either expressed or implied, 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 (d) under no circumstances shall the Trust Company be personally liable for the payment of any indebtedness or expenses of the owner trustee or Lessor or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the owner trustee or Lessor under the Transaction Documents or any related documents.