Common use of Limitation on Liability of the Depositor and Others Clause in Contracts

Limitation on Liability of the Depositor and Others. Neither the Depositor nor any of the directors or officers or employees or agents of the Depositor shall be under any liability to the Trust Fund or the Certificateholders for any action taken or for refraining from the taking of any action by the Depositor pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or any such person against any liability which would otherwise be imposed by reason of willful misfeasance; bad faith or gross negligence in the performance of duties of the Depositor or by reason of reckless disregard of obligations and duties of the Depositor hereunder. The Depositor and any director or officer or employee or agent of the Depositor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 5 contracts

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC), Trust Agreement (GNMAG Asset Backed Securitizations, LLC), Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

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Limitation on Liability of the Depositor and Others. Neither the Depositor nor any of the directors or officers or its directors, officers, employees or agents of the Depositor shall be under any liability to the Trust Fund or the Certificateholders for any action taken taken, or for refraining from the taking of any action by the Depositor action, in good faith pursuant to this Trust Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or any other such person against any liability which would otherwise be imposed by reason of willful misfeasance; , bad faith or gross negligence in the performance of duties of the Depositor or by reason of reckless disregard of obligations and duties of the Depositor hereunder. The Depositor and any director its directors, officers, employees or officer or employee or agent of the Depositor agents may rely in good faith on any document of any kind prima facie properly executed and and/or submitted by any Person respecting any matters matter arising hereunder.

Appears in 4 contracts

Samples: Trust Agreement (Banc of America Funding 2008-R3 Trust), Trust Agreement (Banc of America Funding 2008-R3 Trust), Trust Agreement (Banc of America Funding Corp)

Limitation on Liability of the Depositor and Others. Neither the Depositor nor any of the directors or officers or its directors, officers, employees or agents of the Depositor shall be under any liability to the Trust Fund or the Certificateholders for any action taken taken, or for refraining from the taking of any action by the Depositor action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or any other such person against any liability which would otherwise be imposed by reason of willful misfeasance; , bad faith or gross negligence in the performance of duties of the Depositor or by reason of reckless disregard of obligations and duties of the Depositor hereunder. The Depositor and any director its directors, officers, employees or officer or employee or agent of the Depositor agents may rely in good faith on any document of any kind prima facie properly executed and and/or submitted by any Person respecting any matters matter arising hereunder.

Appears in 1 contract

Samples: Trust Agreement (Lehman Structured Securities Corp)

Limitation on Liability of the Depositor and Others. Neither the Depositor nor any of the directors or officers or its directors, officers, employees or agents of the Depositor shall be under any liability to the Trust Fund or the Certificateholders for any action taken taken, or for refraining from the taking of any action by the Depositor action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or any other such person against any liability which would otherwise be imposed by reason of willful misfeasance; , bad faith or gross negligence in the performance of duties of the Depositor or by reason of reckless negligent disregard of obligations and duties of the Depositor hereunder. The Depositor and any director its directors, officers, employees or officer or employee or agent of the Depositor agents may rely in good faith on any document of any kind prima facie properly executed and and/or submitted by any Person respecting any matters matter arising hereunder.

Appears in 1 contract

Samples: Trust Agreement (Lehman Structured Securities Corp)

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Limitation on Liability of the Depositor and Others. Neither the Depositor nor any of the directors or officers or directors, officers, employees or agents of the Depositor shall be under any liability to the Trust Fund or the Certificateholders for any action taken taken, or for refraining from the taking of any action by the Depositor in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor or any such person Person against any liability which would otherwise be imposed by reason of willful misfeasance; , bad faith or gross negligence in the performance of duties of the Depositor or by reason of reckless disregard of obligations and duties of the Depositor hereunder. The Depositor and any director or officer or employee or agent of the Depositor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Trust Agreement (Redwood Trust Inc)

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