Common use of Exemption from Individual Liability Clause in Contracts

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or coupon, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or any successor corporation thereof, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and that no personal liability whatever shall attach to, or is or shall be incurred by, any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or any successor corporation thereof, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Company, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. ARTICLE THIRTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponthe coupons, if any, appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareowner, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofPerson, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareowners, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofPerson, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons the coupons, if any, appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareowner, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons. This Indenture may be executed in any number of counterparts, each of which will be deemed to be an original, but all such counterparts together will constitute one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Issuers or the Guarantor or of any successor corporation thereofcorporation, either directly or through the Issuers or the Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder and the Guarantees are solely the corporate obligations of the Company Issuers and the Guarantor, as the case may be, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Issuers or the Guarantor or of any successor corporation, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsthe Securities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company each Issuer or any Guarantor or of any successor corporation thereofcorporation, either directly or through such Issuers or any Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of each Issuer and the Company Guarantors, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agent, officer directors or directoremployees, as such, pastof each Issuer, present the Guarantors or futureof any successor corporation, of the Company or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities Securities. This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and couponsthe same Indenture.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponthe coupons, if any, appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareowner, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareowners, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the 126 136 obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons the coupons, if any, appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareowner, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons. This Indenture may be executed in any number of counterparts, each of which will be deemed to be an original, but all such counterparts together will constitute one and the same instrument.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Company, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. 77 ARTICLE FIFTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponDebt Security, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Debt Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Debt Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsDebt Securities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company Issuer, the Guarantor or any of their respective Subsidiaries or Affiliates, or any successor corporation thereofto such parties, either directly or through the Issuer, the Guarantor or any other respective Subsidiaries or Affiliates, or any successor to such parties, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agent, officer directors or directoremployees, as such, past, present or future, of the Company Issuer, the Guarantor or any of their respective Subsidiaries or Affiliates, or any successor corporation thereofto such parties, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.Securities. ARTICLE SIXTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponCoupon, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Company, the Guarantor or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or through the Company, the Guarantor or the Trustee, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood and agreed that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and the Guarantor and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Company, the Guarantor or the Trustee or of any predecessor or successor corporation, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Guarantees or implied herefrom or therefrom; , and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Securities, Coupons, or coupons Guarantees or implied herefrom or therefrom, are hereby expressly waived and released as a 114 - 104 - condition of, and as a consideration for, the execution and delivery of this Indenture and the issue of such Securities and coupons.Securities. ARTICLE FOURTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponDebenture, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, as such, of the Company or of any predecessor or successor corporation thereofcorporation, either directly or through the Company or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or director, directors as such, past, present or future, of the Company or of any predecessor or successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom; and that any and all such personal liabilityliability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, director as such, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsDebentures.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or through the Company or the Trustee, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; : it being expressly understood and agreed that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; , and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Securities, or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution and delivery of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponthe coupons, if any, appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareowner, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareowners, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons the coupons, if any, appertaining thereto or implied herefrom or therefrom; and that any 126 136 and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareowner, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons. This Indenture may be executed in any number of counterparts, each of which will be deemed to be an original, but all such counterparts together will constitute one and the same instrument.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company or any Guarantor or of any successor corporation thereofcorporation, either directly or through the Company or any Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and the Guarantors, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agent, officer directors or directoremployees, as such, past, present or future, of the Company Company, the Guarantors or of any successor corporation, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, either directly or through the Issuer or any successor corporation thereofGuarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Issuer or any Guarantor, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or 57 agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. ARTICLE FIFTEEN MEETINGS OF HOLDERS OF SECURITIES

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponDebenture, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom; and that any . Any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsDebentures.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director, or employee, agent, officer or director, as such, past, present or future, of the Company, Guarantor or of any successor Person, either directly or through the Company or any successor corporation thereofthe Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and the Guarantor as the case may be, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agentdirectors, officer or directoremployees, as such, past, present or future, of the Company Company, the Guarantor or of any successor Person, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, 100 officer, director, or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.Securities. ARTICLE FIFTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponCoupon, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or through the Company or the Trustee, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood and agreed that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; , and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution and delivery of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, either directly or through the Issuer or any successor corporation thereofGuarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Issuer or any Guarantor, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness Indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness Indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsthe Securities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of the Company in this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporatororganizer, stockholderpromoter, shareholder, officer, trustee, or employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofentity, either directly or through the Company or any successor entity, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture, any supplemental indenture modifying this Indenture and the obligations issued hereunder are solely the corporate real estate investment trust obligations of the Company Company, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe organizers, stockholderpromoters, employeeshareholders, agentofficers, officer trustees, or directoremployees, as such, past, present or future, of the Company or of any successor corporation thereofentity, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture, in any supplemental indenture modifying this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporatororganizer, stockholderpromoter, shareholder, officer, trustee, or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture Indenture, in any supplemental indenture modifying this Indenture, or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture, any supplemental indenture modifying this Indenture and the issue of such Securities Securities. ***** This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and couponsthe same instrument.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponDebenture, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareholder, officer or director, as such, past, present or future, as such, of the Company or of any predecessor or successor corporation thereofcorporation, either directly or through the Company or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareholders, employee, agent, officer officers or director, directors as such, past, present or future, of the Company or of any predecessor or successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom; and that any and all such personal liabilityliability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons Debentures or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsDebentures.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company Issuer or any Guarantor or of any successor corporation thereofcorporation, either directly or through the Issuer or any such Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Issuer and the Guarantors, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agent, officer directors or directoremployees, as such, past, present or future, of the Company Issuer or any Guarantor or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholderstockholders, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company or any predecessor or successor corporation thereofor company, either directly or through the Company or any predecessor or successor corporation or company or any Successor Corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Company, and that no such personal liability whatever whatsoever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agentdirectors, officer or directoremployees, as such, past, present or future, of the Company or any predecessor or successor corporation thereofor company, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company or any predecessor or successor corporation thereofor company, either directly or through the Company or any predecessor or successor corporation or company or any Successor Corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Company, and that no such personal liability whatever whatsoever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agentdirectors, officer or directoremployees, as such, past, present or future, of the Company or any predecessor or successor corporation thereofor company, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, DC1 - 221297.15 every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security of any series or couponany Coupon appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any Coupon appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the such Securities or coupons any Coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.Coupons. ARTICLE FIFTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security of any series or couponany Coupon appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any Coupon appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the such Securities or coupons any Coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsCoupons.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, either directly or through the Issuer or any successor corporation thereofGuarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty 57 or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Issuer or any Guarantor, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Issuer, any Guarantor or of any successor Person, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. ARTICLE FIFTEEN MEETINGS OF HOLDERS OF SECURITIES

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director or employee, agent, officer or director, as such, past, present or future, of the Company Issuer, the Guarantor or any of their respective Subsidiaries or Affiliates, or any successor corporation thereofto such parties, either directly or through the Issuer, the Guarantor or any other respective Subsidiaries or Affiliates, or any successor to such parties, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agent, officer directors or directoremployees, as such, past, present or future, of the Company Issuer, the Guarantor or any of their respective Subsidiaries or Affiliates, or any successor corporation thereofto such parties, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director or employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. 105 No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponthe coupons, if any, appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareowner, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareowners, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons the coupons, if any, appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareowner, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons. This Indenture may be executed in any number of counterparts, each of which will be deemed to be an original, but all such counterparts together will constitute one and the same instrument.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, officer, director, or employee, agent, officer or director, as such, past, present or future, of the Company, Guarantor or of any successor Person, either directly or through the Company or any successor corporation thereofthe Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and the Guarantor as the case may be, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employeeofficers, agentdirectors, officer or directoremployees, as such, past, present or future, of the Company Company, the Guarantor or of any successor Person, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director, or employee, agent, officer or director, as such, because of the creation 100 of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.Securities. ARTICLE FIFTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponthe coupons, if any, appertaining thereto, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agentshareowner, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholdershareowners, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons the coupons, if any, appertaining thereto or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agentshareowner, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any Securities of the Securities any series or coupons any coupon appertaining thereto or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities and coupons.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company Issuer, a Guarantor or of any successor corporation thereofcorporation, either directly or through the Issuer or a Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Issuer or a Guarantor, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company Issuer, a Guarantor or of any successor corporation, or any successor corporation thereofof them, either directly or indirectly through the Company or any successor corporation thereof because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. ARTICLE FIFTEEN

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or through the Company or the Trustee, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood and agreed that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or the Trustee or of any predecessor or successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; , and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution and delivery of this Indenture and the issue of such Securities and couponsSecurities.

Exemption from Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security or couponSecurity, or for any claim based herein or thereon or otherwise in respect hereof or thereof, shall be had against any incorporator, stockholder, employee, agent, officer or director, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely the corporate obligations of the Company Company, and that no such personal liability whatever shall attach to, or is or shall be incurred by, any incorporatorthe incorporators, stockholderstockholders, employee, agent, officer officers or directordirectors, as such, past, present or future, of the Company or of any successor corporation thereofcorporation, either directly or indirectly through the Company or any successor corporation thereof of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, agent, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or coupons or implied herefrom or therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities and coupons.the Securities. ARTICLE THIRTEEN