Common use of Limitation on Liability of the Note Holders Clause in Contracts

Limitation on Liability of the Note Holders. Each Note Holder shall have no liability to any other Note Holder with respect to its Note except with respect to losses actually suffered due to the negligence, willful misconduct or breach of this Agreement on the part of such Note Holder. The Note Holders acknowledge that, subject to the obligation of the Lead Note Holder (including any Servicer and the Trustee) to comply with, and except as otherwise required by, the Servicing Standard, the Lead Note Holder (including any Servicer and the Trustee) may exercise, or omit to exercise, any rights that the Lead Note Holder may have under the Lead Securitization Servicing Agreement in a manner that may be adverse to the interests of any Non-Lead Note Holder and that the Lead Note Holder (including any Servicer and the Trustee) shall have no liability whatsoever to any Non-Lead Note Holder in connection with the Lead Note Holder’s exercise of rights or any omission by the Lead Note Holder to exercise such rights other than as described above; provided, however, that the Servicer must act in accordance with the Servicing Standard.

Limitation on Liability of the Note Holders. Each Note Holder shall have no liability to any other Note Holder with respect to its Note except with respect to losses actually suffered due to the negligence, willful misconduct or breach of this Agreement on the part of such Note Holder. The Note Holders acknowledge that, subject to the obligation of the Lead Securitization Note Holder (including any Servicer and the Trustee) to comply with, and except as otherwise required by, the Servicing Standard, the Lead Securitization Note Holder (including any Servicer and the Trustee) may exercise, or omit to exercise, any rights that the Lead Securitization Note Holder may have under the Lead Securitization Servicing Agreement in a manner that may be adverse to the interests of any Non-Lead Securitization Note Holder or any Note B Holder and that the Lead Securitization Note Holder (including any Servicer and the Trustee) shall have no liability whatsoever to any Non-Lead Securitization Note Holder or Note B Holder in connection with the Lead Securitization Note Holder’s exercise of rights or any omission by the Lead Securitization Note Holder to exercise such rights other than as described above; provided, however, that the Servicer must act in accordance with the Servicing Standard.

Limitation on Liability of the Note Holders. Each Note Holder shall have no liability to any other Note Holder with respect to its Note except with respect to losses actually suffered due to the negligence, willful misconduct or breach of this Agreement on the part of such Note Holder. The Note Holders acknowledge that, subject to the obligation of the Lead Note A-A Holder (including any Servicer and the Trustee) to comply with, and except as otherwise required by, the Servicing Standard, the Lead Note A-A Holder (including any Servicer and the Trustee) may exercise, or omit to exercise, any rights that the Lead Note A-A Holder may have under the Lead Securitization Servicing Agreement in a manner that may be adverse to the interests of any Non-Lead Note B Holder and that the Lead Note A-A Holder (including any Servicer and the Trustee) shall have no liability whatsoever to any Non-Lead Note B Holder in connection with the Lead Note A-A Holder’s exercise of rights or any omission by the Lead Note A-A Holder to exercise such rights other than as described above; provided, however, that the Servicer must act in accordance with the Servicing Standard.

Limitation on Liability of the Note Holders. Each Note Holder shall have no liability to any the other Note Holder Holders with respect to its Note except with respect to losses actually suffered due to the gross negligence, willful misconduct or breach of this Agreement on the part of such Note Holder. The Note Holders acknowledge that, subject to the obligation of the Lead that each Note Holder (including any Servicer and the Trustee) to comply withServicer, and except as otherwise required byany Non-Lead Servicer, the Servicing Standard, the Trustee and any Non-Lead Note Holder (including any Servicer and the Trustee) may exercise, or omit to exercise, any rights that the Lead such Note Holder may have under this Agreement and the Lead applicable Securitization Servicing Agreement in a manner that may be adverse to the interests of any Non-Lead the other Note Holder Holders and that the Lead no Note Holder (including any Servicer Servicer, any Non-Lead Servicer, the Trustee and the any Non-Lead Trustee) shall have no any liability whatsoever to any Non-Lead other Note Holder Holders in connection with the Lead such Note Holder’s exercise of rights or any omission by the Lead such Note Holder to exercise such rights other than rights, so long as described above; providedsuch Note Holder (including any Servicer, howeverany Non-Lead Servicer, that the Servicer must act in accordance Trustee and any Non-Lead Trustee) complies with the terms of this Agreement and the applicable Securitization Servicing Agreement (including, without limitation, the provisions of the applicable Securitization Servicing Agreement relating to the Servicing Standard).