Common use of Limitation of Liability of Trustees Clause in Contracts

Limitation of Liability of Trustees. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as owner trustee of each Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of such Trust is made and intended not as personal representations, covenants, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only such Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, (d) Wilmington Trust Company has made no investigation as to the accuracy or completeness of any representations or warranties made by such Trust in this Agreement and (e) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of such Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by such Trust under this Agreement or any other related documents. The Indenture Trustee has the same rights, protections and immunities hereunder as it has under the related Indentures as if such rights, protections and immunities were expressly set forth herein mutatis mutandis, which shall survive the satisfaction and discharge of the related Indentures and this Agreement.

Limitation of Liability of Trustees. It (a) Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (ai) this Agreement is executed and delivered by Wilmington Trust CompanyTrust, National Association, not individually or personally but solely as owner trustee of each TrustOwner Trustee, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, covenants, undertakings and agreements herein made on the part of such Trust the Issuer is made and intended not as a personal representationsrepresentation, covenants, undertakings and agreements undertaking or agreement by Wilmington Trust Company the Owner Trustee but is made and intended for the purpose of binding only such Trustthe Issuer, (ciii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Companythe Owner Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person Person claiming by, through or under the parties hereto, (div) Wilmington Trust Company the Owner Trustee has not verified and has made no investigation as to the accuracy or completeness of any representations or warranties made by such Trust in this Agreement the Issuer hereunder and (ev) under no circumstances shall Wilmington Trust Company the Owner Trustee be personally liable for the payment of any indebtedness or expenses of such Trust the Issuer or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by such Trust the Issuer under this Agreement or any other related documents. The Indenture Trustee has For all purposes of this Agreement, in the same rights, protections and immunities hereunder as it has under the related Indentures as if such rights, protections and immunities were expressly set forth herein mutatis mutandis, which shall survive the satisfaction and discharge performance of any duties or obligations of the related Indentures Issuer hereunder, the Owner Trustee shall be subject to, and this entitled to the benefits of, the terms and provisions of Articles Six, Seven and Eight of the Trust Agreement.

Limitation of Liability of Trustees. It is expressly understood The Trustees may serve without bond. Neither the Trustees, the Creditors' Committee nor any of the agents, representatives, employees or professionals of either the Trustees or the Creditors' Committee shall be liable to Radius or any Creditor for any delay in the distribution of the Stock to a Creditor, any change in the market price of said Stock occurring during such delay, or any error of judgment made in good faith other than as a result of gross negligence, willful misconduct, or fraud. The Trustees shall not be liable for any action taken or omitted in good faith and agreed believed by them to be authorized within the parties hereto that discretion or rights or powers conferred upon them by this Creditor Trust Agreement, or the Plan. The Trustees make no representations as to the value or condition of the Stock, trust assets or any part thereof, or as to the security or protection afforded by this Creditor Trust Agreement, or as to the validity, execution (a) except their own execution), enforceability, legality or sufficiency of this Agreement is executed Creditor Trust Agreement, and delivered the Trustees shall incur no liability or responsibility with respect to such matters. In performing their duties hereunder, the Trustees may consult with counsel selected by Wilmington Trust Companythem, not individually or personally but solely as owner trustee at the expense of each the Trust, and shall have no liability for any action taken upon the advice of such counsel. None of the provisions of this Creditor Trust Agreement shall require the Trustees to expend or risk their own funds or otherwise incur personal financial liability in the performance of any of their duties hereunder or in the exercise of any of their rights and powers. The Trustees may rely without inquiry upon any writing delivered to them hereunder which they believe in good faith to be genuine and to have been given by a proper person. Further, in accepting the Trust hereby created, the Trustees shall act solely as trustee hereunder, and all persons having any claim against the Trustees as allowed by this Section in connection with their performance of their rights, powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of duties as such Trust is made and intended not as personal representations, covenants, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding Trustees shall look only such Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, (d) Wilmington Trust Company has made no investigation as to the accuracy trust assets for payment or completeness of any representations or warranties made by such Trust in this Agreement and (e) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of such Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by such Trust under this Agreement or any other related documents. The Indenture Trustee has the same rights, protections and immunities hereunder as it has under the related Indentures as if such rights, protections and immunities were expressly set forth herein mutatis mutandis, which shall survive the satisfaction and discharge of the related Indentures and this Agreementthereof.