Common use of Limitations on Liability of the Transferor Clause in Contracts

Limitations on Liability of the Transferor. Subject to Section 6.01, neither the Transferor nor any of the directors, officers, members, managers, employees, incorporators or agents of the Transferor acting in such capacities shall be under any liability to the Trust, the Owner Trustee, the Indenture Trustee, the Collateral Agent, the Noteholders or any other Person for any action taken, or for refraining from the taking of any action, in good faith in such capacities pursuant to this Agreement, it being expressly understood that all such liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement, the Indenture and any Indenture Supplement and the issuance of the Notes; provided, however, that this provision shall not protect the Transferor, any director, officer, employee, incorporator or agent of the Transferor or, if applicable, any manager or member of the Transferor against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Transferor and, any director, officer, employee, incorporator or agent of the Transferor and, if applicable, any member or manager of the Transferor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than the Transferor) respecting any matters arising hereunder. [END OF ARTICLE VI]

Limitations on Liability of the Transferor. Subject to Section 6.013.1, neither the no Transferor nor any of the directors, officers, employees, members, managers, employees, incorporators or agents of the Transferor acting in such capacities shall be under any liability to the Trust, the Owner Trustee, the Indenture Trustee, the Collateral AgentNoteholders, the Noteholders Servicer, any Supplemental Credit Enhancement Provider, or any other Person for any action taken, or for refraining from the taking of any action, in good faith in such capacities pursuant to this Agreement, it being expressly understood that all such liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement, the Servicing Agreement, the Indenture and any Indenture Supplement and the issuance of the Notes; provided, however, that this provision shall not protect the Transferor, Transferor or any director, officer, employee, member, incorporator or agent of the Transferor or, if applicable, any manager or member of the Transferor against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Transferor and, and any director, officer, employee, member, incorporator or agent of the Transferor and, if applicable, any member or manager of the Transferor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than the Transferor) respecting any matters arising hereunder. [END OF ARTICLE VI].

Limitations on Liability of the Transferor. Subject to Section 6.014.01, neither the Transferor nor any of the directors, officers, members, managers, employees, incorporators or agents of the Transferor acting in such capacities shall be under any liability to the Trust, the Owner Trustee, the Note Administrator, the Indenture Trustee, the Collateral AgentNoteholders, the Noteholders O/C Holder, any Series Enhancer or any other Person for any action taken, or for refraining from the taking of any action, in good faith in such capacities pursuant to this Agreement, it being expressly understood that all such liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement, the Indenture and any Indenture Supplement and the issuance of the Notes; provided, however, that this provision shall not protect the Transferor, any director, officer, employee, incorporator Transferor or agent of the Transferor or, if applicable, any manager or member of the Transferor 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 or by reason of reckless disregard of obligations and duties hereunder. The Transferor and, and any director, officer, employee, incorporator employee or agent of the Transferor and, if applicable, any member or manager of the Transferor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than the Transferor) respecting any matters arising hereunder. [END OF ARTICLE VIIV]

Limitations on Liability of the Transferor. Subject to Section 6.01, neither Neither the Transferor nor any of the directors, officers, members, managers, employees, incorporators or agents of the Transferor acting in such capacities shall be under any liability to the TrustIssuing Entity, the Owner Trustee, the Indenture Trustee, the Collateral Agent, the Noteholders or any other Person for any action taken, or for refraining from the taking of any action, in good faith in such capacities pursuant to this Agreement, it being expressly understood that all such liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement, the Indenture and any Indenture Supplement and the issuance of the Notes; provided, however, that this provision shall not protect the Transferor, any director, officer, employee, incorporator or agent of the Transferor or, if applicable, any manager or member of the Transferor against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Transferor and, any director, officer, employee, incorporator or agent of the Transferor and, if applicable, any member or manager of the Transferor may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than the Transferor) respecting any matters arising hereunder. [END OF ARTICLE VI]