Common use of LIMITATION OF LIABILITY OF INTERIM ELIGIBLE LENDER Clause in Contracts

LIMITATION OF LIABILITY OF INTERIM ELIGIBLE LENDER. Notwithstanding anything contained herein to the contrary, these Master Terms and the Initial Purchase Agreement has been, and any Additional Purchase Agreement will be, signed by The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., not in its individual capacity but solely in its capacity as the Town Center Funding Eligible Lender Trustee for Town Center Funding and the Interim Eligible Lender Trustee for Funding and in no event shall The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Town Center Funding Eligible Lender Trustee, the Interim Eligible Lender Trustee, Town Center Funding or Funding, under these Master Terms or any Purchase Agreements or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of Town Center Funding or Funding.

LIMITATION OF LIABILITY OF INTERIM ELIGIBLE LENDER. Notwithstanding anything contained herein to the contrary, these Master Terms and the Initial Purchase Agreement has been, and any Additional Purchase Agreement will be, signed by The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., not in its individual capacity but solely in its capacity as the Town Center Hall Funding Eligible Lender Trustee for Town Center Hall Funding and the Interim Eligible Lender Trustee for Funding and in no event shall The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Town Center Hall Funding Eligible Lender Trustee, the Interim Eligible Lender Trustee, Town Center Hall Funding or Funding, under these Master Terms or any Purchase Agreements or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of Town Center Hall Funding or Funding.

LIMITATION OF LIABILITY OF INTERIM ELIGIBLE LENDER. Notwithstanding anything contained herein to the contrary, these Master Terms and the Initial Purchase Agreement has been, and any Additional Purchase Agreement will be, signed by The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., not in its individual capacity but solely in its capacity as the Town Center Bluemont Funding Eligible Lender Trustee for Town Center Bluemont Funding and the Interim Eligible Lender Trustee for Funding and in no event shall The Bank of New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Town Center Bluemont Funding Eligible Lender Trustee, the Interim Eligible Lender Trustee, Town Center Bluemont Funding or Funding, under these Master Terms or any Purchase Agreements or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of Town Center Bluemont Funding or Funding.