Common use of No Assumption of Duties; Reasonable Care Clause in Contracts

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee Collateral Agent hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes Secured Parties in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties or obligations on the Trustee Collateral Agent in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee Collateral Agent accords similar property held by the Trustee Collateral Agent for its own account, it being understood that the Trustee Collateral Agent in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee Collateral Agent has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, matters or (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of Collateral. The Trustee shall be entitled to all the Collateral or any loss on any investmentrights, benefits, privileges and immunities accorded to it under the Indenture.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee for its benefit and the ratable benefit of the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties duty on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable lawto exercise any such powers. Except as provided for the safe custody of any Collateral in its possession and the accounting for moneys actually received by applicable law or by the Indentureit hereunder, the Trustee shall be deemed have no duty as to have exercised reasonable care in the custody and preservation of the any Collateral in its possession if the Collateral is accorded treatment substantially equal as to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (bii) taking of any necessary steps to preserve rights against any parties with respect or any other rights pertaining to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment. The Trustee shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which it accords its own property. The Trustee shall be entitled to all the rights, benefits, privileges and immunities accorded to it under the Indenture.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee Pledgee hereunder are solely being granted in order to preserve and protect the Pledgee's security interest of the Trustee and the Holders of the Notes in and to the Pledged Collateral granted hereby and and, except for the use of reasonable care in the custody of any Pledge Collateral in its possession, shall not be interpreted to, and shall not not, impose any duties on the Trustee Pledgee in connection therewith other than those expressly provided herein or imposed under applicable lawtherewith. Except as provided by applicable law or by the Indenture, the Trustee The Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Trustee Pledgee accords similar property held by the Trustee for its own accountproperty, it being understood that the Trustee in its capacity as such Pledgee shall not have any responsibility for for: (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Pledged Collateral, whether or not the Trustee has Pledgee have or is are deemed to have knowledge of such matters, matters or (bii) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentPledged Collateral. 10.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee Trustee's and the Holders Holders' of the Notes security interest in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenturelaw, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that that, except as expressly set forth herein, the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee and Escrow Agent hereunder are solely being granted in order to preserve and protect the Trustee's and the holders' of Notes security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Trustee and Escrow Agent in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee and Escrow Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that the Trustee in its capacity as such and Escrow Agent shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee or Escrow Agent has or is deemed to have knowledge of such matters, matters or (bii) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Trustee in connection therewith shall have no duty as to any Collateral, (a) as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other than those expressly provided herein matters relative to any Collateral, whether or imposed under applicable lawnot the Trustee or any Holder of the Notes has or is deemed to have knowledge of such matters, (b) as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral or (c) as to investing or reinvesting any of the Collateral or any loss on any investment. Except as provided by applicable law or by the Indenture, the The Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the any Collateral in its possession if the such Collateral is accorded treatment substantially equal to that which the Trustee it accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentproperty.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountsimilar accounts, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or Collateral, provided, however, that nothing contained in this Pledge Agreement shall relieve the Trustee of any loss on any investmentresponsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee for its benefit and the ratable benefit of the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties duty on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable lawto exercise any such powers. Except as provided for the safe custody of any Collateral in its possession and the accounting for moneys actually received by applicable law or by the Indentureit hereunder, the Trustee shall be deemed have no duty as to have exercised reasonable care in the custody and preservation of the any Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (bii) taking any necessary steps to preserve rights against any parties with respect or any other rights pertaining to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment. The Trustee shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which it accords its own property. The Trustee shall be entitled to all the rights, benefits, privileges and immunities accorded to it under the Indenture.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to establish, preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, to and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as expressly provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to establish, preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, to and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the granted to Trustee hereunder are solely being granted in order to preserve and protect Trustee's and the Holders' of Securities security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that the Trustee in its capacity as such shall not have any responsibility for (ai) ascertaining or taking action with respect to calls, 20 conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, matters or (bii) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting Collateral; provided, however, that nothing contained in this Agreement shall relieve Trustee of any of the Collateral or any loss on any investmentresponsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, matters or (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of Collateral. The Trustee shall be entitled to all the rights, benefits, privileges and immunities accorded to it under the Indenture solely as it relates to the Collateral or any loss on any investmentand subject to Section 25.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Senior Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountsimilar accounts, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) except as provided in Section 4 hereof, ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountsimilar accounts, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on on, the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountsimilar accounts, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or Collateral; provided, however, that nothing contained in this Pledge Agreement shall relieve the Trustee of any loss on any investmentresponsibilities as a securities intermediary under applicable law.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the security interest of the Trustee Trustee's and the Holders Holders' of the Notes security interest in and to the Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenturelaw, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. The ---------------------------------------- rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the Trustee's and the Holders' of Notes security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenturelaw, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, matters or (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.

No Assumption of Duties; Reasonable Care. {TC} The rights and powers conferred on the Trustee hereunder are solely to preserve and protect the security interest of the Trustee and the Holders of the Notes in and to the Cash Collateral granted hereby and shall not be interpreted to, and shall not impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenture, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Cash Collateral in its possession if the Cash Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own account, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities or other matters relative to any Cash Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, (b) taking any necessary steps to preserve rights against any parties with respect to any Cash Collateral or (c) investing or reinvesting any of the Cash Collateral or any loss on any investment.

No Assumption of Duties; Reasonable Care. The rights and powers conferred on granted to the Trustee hereunder are solely being granted in order to preserve and protect the Trustee's and the Holders' of Notes security interest of the Trustee and the Holders of the Notes in and to the Collateral granted hereby and shall not be interpreted to, and shall not not, impose any duties on the Trustee in connection therewith other than those expressly provided herein or imposed under applicable law. Except as provided by applicable law or by the Indenturelaw, the Trustee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Trustee accords similar property held by the Trustee for its own accountin similar situations, it being understood that the Trustee in its capacity as such shall not have any responsibility for (a) ascertaining or taking action with respect to calls, conversions, exchanges, maturities maturities, tenders or other matters relative to any Collateral, whether or not the Trustee has or is deemed to have knowledge of such matters, matters or (b) taking any necessary steps to preserve rights against any parties with respect to any Collateral or (c) investing or reinvesting any of the Collateral or any loss on any investmentCollateral.