Common use of Limitation of Trustee Liability Clause in Contracts

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 Trust under this letter agreement or any other related documents.

Appears in 4 contracts

Samples: RALI Series 2006-Qs9 Trust, RALI Series 2006-Qs9 Trust, RALI Series 2006-Qs9 Trust

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Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche U.S. Bank Trust Company Americas National Association ("DBTCAU.S. Bank"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 2006-QS2 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QS2 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA U.S. Bank but is made and intended for the purpose of binding only the RALI Series 2006- QS9 2006-QS2 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA U.S. Bank, 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; provided that nothing in this paragraph shall relieve DBTCA U.S. Bank from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA U.S. Bank be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 2006-QS2 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 2006-QS2 Trust under this letter agreement or any other related documents.

Appears in 3 contracts

Samples: RALI Series 2006-Qs2 Trust, RALI Series 2006-Qs2 Trust, RALI Series 2006-Qs2 Trust

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it It is expressly understood and agreed by the parties hereto that (a) this letter agreement document is executed and delivered by Deutsche Bank Xxxxx Fargo Delaware Trust Company Americas ("DBTCA")Company, not individually or personally, but solely as Trustee of trustee (the RALI Series 2006- QS9 Trust“Trustee), in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, dated as February 21, 2008, among the Trustee, Nasdaq and Borse Dubai, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA Xxxxx Fargo Delaware Trust Company but is made and intended for the purpose of for binding only the RALI Series 2006- QS9 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA Xxxxx Fargo Delaware 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 person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA Xxxxx Fargo Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 Trust under this letter agreement Agreement or any other related documents.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nasdaq Omx Group, Inc.), Registration Rights Agreement (Borse Dubai LTD)

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 2006-QS4 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QS4 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 2006-QS4 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 2006-QS4 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 2006-QS4 Trust under this letter agreement or any other related documents.

Appears in 1 contract

Samples: RALI Series 2006-Qs4 Trust

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 QS6 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QS6 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 QS6 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 QS6 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 QS6 Trust under this letter agreement or any other related documents.

Appears in 1 contract

Samples: RALI Series 2006 QS6 Trust

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it It is expressly understood and agreed by the parties hereto that that, notwithstanding anything to the contrary set forth in this Agreement or in any document or instrument related hereto (a) this letter agreement Agreement and any related document, is executed and delivered on behalf of VICOF III Trust (“VICOF Trust”) by Deutsche Bank Trust Company Americas ("DBTCA")Xxxxx Fargo, not individually or personally, personally but solely as Trustee of the RALI Series 2006- QS9 VICOF Trust, in the exercise of the powers and authority conferred and vested in itit under the trust agreement of VICOF Trust, (b) each of the representations, undertakings and agreements herein and therein made on the part of the RALI Series 2006-QS9 by VICOF Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by DBTCA Xxxxx Fargo but is made and intended for the purpose of binding only the RALI Series 2006- QS9 VICOF Trust, (c) nothing herein or therein contained shall be construed as creating any liability on DBTCA Xxxxx Fargo, individually or personally, to perform on behalf of VICOF Trust any covenant either expressed or implied contained hereinherein or therein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve DBTCA from performing its duties , (d) Xxxxx Fargo has not verified or made any investigation as to the accuracy or completeness of any representations and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth thereinwarranties, if any, made by VICOF Trust, and (de) under no circumstances shall DBTCA Xxxxx Fargo be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 VICOF Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 VICOF Trust under this letter agreement Agreement or any such other related documents.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GWG Holdings, Inc.)

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Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 2006-QS6 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QS6 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 2006-QS6 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 2006-QS6 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 2006-QS6 Trust under this letter agreement or any other related documents.

Appears in 1 contract

Samples: RALI Series 2006 QS6 Trust

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 2006-QO5 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QO5 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 2006-QO5 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 2006-QO5 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 2006-QO5 Trust under this letter agreement or any other related documents.

Appears in 1 contract

Samples: RALI Series 2006-Qo5 Trust

Limitation of Trustee Liability. Notwithstanding anything herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this letter agreement is executed and delivered by Deutsche Bank Trust Company Americas ("DBTCA"), not individually or personally, but solely as Trustee of the RALI Series 2006- QS9 2006-QS4 Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the RALI Series 2006-QS9 QS4 Trust is made and intended not as personal representations, undertakings and agreements by DBTCA but is made and intended for the purpose of binding only the RALI Series 2006- QS9 2006-QS4 Trust, (c) nothing herein contained shall be construed as creating any liability on DBTCA DBTCA, 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; provided that nothing in this paragraph shall relieve DBTCA from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall DBTCA be personally liable for the payment of any indebtedness or expenses of the RALI Series 2006- QS9 2006-QS4 Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the RALI Series 2006- QS9 2006-QS4 Trust under this letter agreement or any other related documents.

Appears in 1 contract

Samples: RALI Series 2006-Qs4 Trust

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