Subject to Section. 11.1(a), no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own wilful misconduct; provided, however, that:
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CDF Funding, Inc.), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)
Subject to Section. 11.1(a)) of this Agreement, no provision of this Agreement or any Supplement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own wilful willful misconduct; provided, however, that:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Yamaha Motor Receivables Corp)
Subject to Section. 11.1(a), no provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own wilful misconduct; provided, however, provided that:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp)
