Common use of Trustee Liability Limitations Clause in Contracts

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.