Common use of THE LESSOR Clause in Contracts

THE LESSOR. It is expressly understood and agreed by and among the parties hereto that, except as otherwise provided herein: (a) ▇▇▇▇▇ Fargo Bank Northwest, National Association ("▇▇▇▇▇ Fargo") is entering into this Lease solely in its capacity as Owner Trustee under the Trust Agreement dated October 18, 2002 between ▇▇▇▇▇ Fargo and UBICS Holding Company (the "Trust Agreement") and not in its individual capacity; (b) each and all of the undertakings and agreements herein made on the part of Lessee are all made and intended not as personal undertakings and agreements by ▇▇▇▇▇ Fargo in its individual capacity, or for the purpose or intention of binding ▇▇▇▇▇ Fargo in its individual capacity, but are made and intended for the purpose of binding only the Trust Estate (as defined in the Trust Agreement) unless expressly provided otherwise; (c) nothing contained in the Lease shall be construed as creating any personal liability on ▇▇▇▇▇ Fargo in its individual capacity to perform any covenants either express or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto, and (e) so far as ▇▇▇▇▇ Fargo in its individual capacity is concerned, the other parties hereto shall look solely to the Trust (as defined in the Trust Agreement) and the Trust Estate for the performance of any obligation under this Lease; provided, however, that nothing in this Clause 18 shall be construed to limit in scope or substance the general corporate liability of ▇▇▇▇▇ Fargo in its individual capacity in respect of its gross negligence or wilful misconduct or those representations, warranties and covenants of ▇▇▇▇▇ Fargo made in its individual capacity as contained herein.

THE LESSOR. It is expressly understood and agreed by and among the parties hereto that, except as otherwise provided herein: (a) ▇▇▇▇▇ Fargo Bank Northwest, National Association ("▇▇▇▇▇ Fargo") is entering into this Lease solely in its capacity as Owner Trustee under the Trust Agreement dated October 18, 2002 between ▇▇▇▇▇ Fargo and UBICS Holding Company (the "Trust Agreement") and not in its individual capacity; (b) each and all of the undertakings and agreements herein made on the part of Lessee are all made and intended not as personal undertakings and agreements by ▇▇▇▇▇ Fargo in its individual capacity, or for the purpose or intention of binding ▇▇▇▇▇ Fargo in its individual capacity, but are made and intended for the purpose of binding only the Trust Estate (as defined in the Trust Agreement) unless expressly provided otherwise; (c) nothing contained in the Lease shall be construed as creating any personal liability on ▇▇▇▇▇ Fargo in its individual capacity to perform any covenants either express or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto, and (e) so far as ▇▇▇▇▇ Fargo in its individual capacity is concerned, the other parties hereto shall look solely to the Trust (as defined in the Trust Agreement) and the Trust Estate for the performance of any obligation under this Lease; provided, however, that nothing in this Clause 18 shall be construed to limit in scope or substance the general corporate liability of ▇▇▇▇▇ Fargo in its individual capacity in respect of its gross negligence or wilful willful misconduct or those representations, warranties and covenants of ▇▇▇▇▇ Fargo made in its individual capacity as contained herein.