Trustee Liability Limitations Sample Clauses

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed by Deutsche Bank National Trust Company ("DBNTC") not in its individual capacity, but solely as Trustee under the Base Agreement in the exercise of the powers and authority conferred and invested in it thereunder; (b) DBNTC has been directed pursuant to the Base Agreement to enter into this Agreement and to perform its obligations hereunder; (c) each of the representations, undertakings and agreements herein made on behalf of the Trust is made and intended not as personal representations of DBNTC but is made and intended for the purpose of binding only the Trust; and (d) under no circumstances shall DBNTC in its individual capacity be personally liable for any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by The Bank of New York, not individually or personally but solely as Trustee of the Supplemental Interest Trust (as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of Party B are made and intended not as personal representations, undertakings and agreements by The Bank of New York but is made and intended for the purpose of binding only Party B, (c) nothing herein contained shall be construed as creating any liability on The Bank of New York individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve The Bank of New York from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall The Bank of New York be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents. Please confirm your agreement to the terms of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely as Trustee on behalf of the Supplemental Interest Trust created pursuant to the Pooling and Servicing Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”...

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by U.S. Bank National Association (“U.S. Bank”), not individually or personally but solely as Administrator, in the exercise of the powers and authority conferred and vested in it pursuant to the Administration Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by U.S. Bank but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on U.S. Bank, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve U.S. Bank from performing its duties and obligations under the Administration Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall U.S. Bank be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents. HomeBanc Mortgage Trust 2005-1 by, U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes February 23, 2005

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed by ▇▇▇▇▇ Fargo Bank, N.A. ("▇▇▇▇▇ Fargo") not in its individual capacity, but solely as Trustee under the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and invested in it thereunder; (b)▇▇▇▇▇ Fargo has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its obligations hereunder; (c) each of the representations, undertakings and agreements herein made on behalf of the ▇▇▇▇▇ Fargo is made and intended not as personal representations of ▇▇▇▇▇ Fargo but is made and intended for the purpose of binding only the Trust; and (d) under no circumstances shall ▇▇▇▇▇ Fargo in its individual capacity be personally liable for any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Deutsche Bank National Trust Company (DBNTC), not individually or personally but solely as Trustee of the Counterparty, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by DBNTC but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on DBNTC, individually or personally, to perform any covenant either express or implied contained herein, all such liability , if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall DBNTC be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warrany or covenant made or undertaken by the Counterparty under this Agreement or any other related documents.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed by Wilmington Trust Company (“X”) not in its individual capacity, but solely as Trustee under the Base Agreements in the exercise of the powers and authority conferred and invested in it thereunder; (b) X has been directed pursuant to the Base Agreements to enter into this Agreement and to perform its obligations hereunder; (c) each of the representations, undertakings and agreements herein made on behalf of the Trust is made and intended not as personal representations of the Trustee but is made and intended for the purpose of binding only the Trust; and (d) under no circumstances shall X in its individual capacity be personally liable for any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement, other than due to its negligence or willful misconduct in performing the obligations of the Trustee under the Base Agreements or this Agreement.

Trustee Liability Limitations. Party A and Party B agree to the following: (a) LaSalle Bank National Association ("LaSalle") is entering into this Agreement not in its individual or corporate capacity, but solely as Trustee for ML-CFC COMMERCIAL MORTGAGE TRUST 2006-4; (b) in no case shall LaSalle (or any person acting as successor Trustee for ML-CFC COMMERCIAL MORTGAGE TRUST 2006-4) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Party B under the terms of this Agreement, all such liability, if any, being expressly waived by Party A and any person claiming by, through or under Party A; and (c) recourse against Party B shall be limited to the assets available as set forth herein and under the Pooling and Servicing Agreement. This Part 5(n) shall survive the termination of this Agreement.

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by JPMorgan Chase Bank, N.A. ("JPMorgan"), not individually or personally but solely as Trustee of the Counterparty, in the exercise of the powers and authority conferred and vested in it and that JPMorgan shall perform its duties and obligations hereunder in accordance with the standard of care set forth in Article VIII of the Pooling and Servicing Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by JPMorgan but is made and intended for the purpose of binding only the Counterparty, (c) nothing herein contained shall be construed as creating any liability on JPMorgan, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve JPMorgan from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall JPMorgan be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents; provided, that nothing in this paragraph shall relieve JPMorgan from performing its duties and obligations hereunder and under the Pooling and Servicing Agreement in accordance with the standard of care set forth herein and therein .

Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed by U.S. Bank National Association not in its individual capacity, but solely as Trustee in the exercise of the powers and authority conferred and invested in it thereunder; (b) each of the representations, undertakings and agreements herein made on behalf of the Issuing Entity is made and intended not as personal representations of the Trustee but is made and intended for the purpose of binding only the Issuing Entity; and (c) under no circumstances shall U.S. Bank National Association in its individual capacity be personally liable for any payments hereunder or for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement. Nothing herein contained shall be construed as creating any liability on U.S. Bank National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties who are signatories to this Agreement and by any person claiming by, through or under such parties.