Common use of Liability of the Bank Clause in Contracts

Liability of the Bank. Account Parties assume all risks of the acts or omissions of the Bond Trustee and any transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (d) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (e) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above to the extent, but only to the extent, of any direct, as opposed to indirect or special or consequential, damages, suffered by Account Parties which Account Parties proves were caused by: (i) the gross negligence or willful misconduct of the Bank, in determining whether a drawing made under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence or willful failure of the Bank to pay under the Letter of Credit after a drawing by the Bond Trustee strictly complying with the terms and conditions of the Letter of Credit; provided, however, that the maximum amount of damages recoverable by Account Parties as provided above is expressly limited to the Stated Amount of the Letter of Credit.

Liability of the Bank. Account Parties assume Between the Company and the Bank, the Company assumes all risks of the acts or omissions of the Bond Trustee and any transferee of the Letter of Credit with respect to its use of the Letter of CreditCredit or its proceeds. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or any of the proceeds thereof, or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, inaccuracy of any of the statements or representations contained therein or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not strictly comply with the terms of the Letter of Credit, including any failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Company shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Company, to the extent, but only to the extent, extent of any direct, as opposed to indirect or special or consequential, damages, damages suffered by Account Parties the Company which Account Parties the Company proves were caused by: by (i) the Bank's willful misconduct or gross negligence or willful misconduct of the Bank, in determining whether honoring a drawing made draft under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence or Bank's willful failure of the Bank to pay under the Letter of Credit after a drawing presentation to it by the Bond Trustee (or a successor trustee under the Indenture to whom the Letter of Credit has been transferred in accordance with its terms) of a sight draft and certificate strictly complying with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoing, the Bank may accept documents that appear on their face to be in order, and may assume the genuineness and rightfulness of any signature thereon, without responsibility for further investigation, regardless of any notice or information to the contrary unless actually received by the Bank; provided, however, that if the maximum amount of damages recoverable by Account Parties as provided above is expressly limited Bank shall receive written notification from both the Trustee and the Company that documents conforming to the Stated Amount terms of the Letter of CreditCredit to be presented to the Bank are not to be honored, the Bank agrees that it will not honor such documents and the Company shall indemnify and hold the Bank harmless from such failure to honor.

Liability of the Bank. Account Parties assume As to the Bank, the Company assumes all risks of the acts or omissions of the Bond Trustee and any transferee of the other Letter of Credit Beneficiary with respect to its use of the Letter of Credit; provided, however, this assumption is not intended to, and shall not, preclude the Company from pursuing such rights and remedies as it may have against the Trustee or any other Letter of Credit Beneficiary at law or under any other agreement. Neither the Bank nor any of its officers officers, directors, employees or directors agents shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and or any beneficiary or transferee in connection therewithLetter of Credit Beneficiary; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of any documents, or of any endorsement(s) thereonendorsements, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit; provided, however, the Company shall have a claim against the Bank, and the Bank shall be liable to the Company, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Company which the Company proves were caused by acts or omissions of the Bank described in clauses (c)(i) and (c)(ii) of Section 12. Without limiting the foregoingBy way of amplification, the Bank may accept any document documents that appears appear on its their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary. The Subject to the foregoing, the determination of whether a drawing draft has been made presented under the Letter of Credit prior to the Expiration Date or whether a drawing made draft drawn under the Letter of Credit or any accompanying document or instrument is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of the BankCompany. Account Parties The Company hereby waive waives any right to object to any payment made 41 47 under the Letter of Credit against a draft with regard to a drawing that is accompanying documents in the form forms provided for in the Letter of Credit, Credit but which varies with respect to varying in punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above to the extent, but only to the extent, of any direct, as opposed to indirect or special or consequential, damages, suffered by Account Parties which Account Parties proves were caused by: (i) the gross negligence or willful misconduct of the Bank, in determining whether a drawing made under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence or willful failure of the Bank to pay under the Letter of Credit after a drawing by the Bond Trustee strictly complying with the terms and conditions of the Letter of Credit; provided, however, that the maximum amount of damages recoverable by Account Parties as provided above is expressly limited to the Stated Amount of the Letter of Credit.

Liability of the Bank. Account Parties assume The Company assumes all risks of the acts or omissions of the Bond Trustee and any transferee of the Letter of Credit with respect to its use of the Letter of CreditCredit or proceeds of any draw thereunder. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or its proceeds or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, inaccuracy of any of the statements or representations contained in drafts or certificates relating to such Letter of Credit or of any endorsement(sindorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Creditintentionally left blank; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Company shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Company, to the extent, but only to the extent, of any direct, as opposed to indirect or special or consequential, damages, damages suffered by Account Parties the Company which Account Parties proves were caused by: by (i) the gross negligence or Bank's willful misconduct of the Bank, or negligence in determining whether honoring a drawing made draft under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence or willful Bank's failure of the Bank to pay under the Letter of Credit after a drawing the presentation to it by the Bond Trustee (or a successor trustee under the Indenture to whom the Letter of Credit has been transferred in accordance with its terms) of a sight draft and certificate strictly complying with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoing, the Bank may accept documents that appear on their face to be in order, and may assume the genuineness and rightfulness of any signature thereon, without responsibility for further investigation, regardless of any notice or information to the contrary; provided, howeverPROVIDED, that if the maximum amount International Division, Letter of damages recoverable by Account Parties as provided above is expressly limited Credit Section of the Bank shall receive written notification from the Trustee and the Company that documents conforming to the Stated Amount terms of the Letter of CreditCredit to be presented to the Bank are not to be honored, the Bank agrees that it will not honor such documents and the Company shall hold the Bank harmless from such failure to honor.

Liability of the Bank. Account Parties assume The Obligor assumes all risks of the acts or omissions of the Bond Trustee and any beneficiary or transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) thereonthereof, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank in good faith made against presentation of documents which do not comply fully with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except only that the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Obligor shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Obligor, to the extent, but only to the extent, of any direct, as opposed to indirect or special or consequential, damages, damages suffered by Account Parties the Obligor which Account Parties the Obligor proves were caused by: by (i) the gross negligence or Bank's willful misconduct of the Bankor gross negligence, in determining whether a drawing made under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence Bank's willful, grossly negligent or willful bad faith failure of the Bank to pay under the Letter of Credit after a drawing the presentation to it by the Bond Trustee or a successor trustee under the Indenture of a sight draft and certificate strictly complying with the terms and conditions of the Letter of Credit; provided, however, that Credit or (iii) the maximum amount Bank's bad faith payment under the Letter of damages recoverable Credit after presentation to it by Account Parties as provided above is expressly limited to the Stated Amount Trustee or a successor trustee under the Indenture of a sight draft and certificate which do not comply fully with the terms and conditions of the Letter of Credit. In furtherance and not in limitation of the foregoing, the Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary.

Liability of the Bank. Account Parties assume As between the Borrower, on the one hand and the Bank and the Bank Participants, on the other hand, the Borrower assumes all risks of the acts or omissions of the Bond Trustee and any transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither None of the Bank, the Bank Participants nor any of its their respective officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except only that the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Borrower shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Borrower, to the extent, but only to the extent, of any direct, as opposed to indirect consequential or special or consequentialpunitive, damages, damages suffered by Account Parties the Borrower to the extent to which Account Parties the Borrower proves were caused by: by (i) the Bank’s willful misconduct or gross negligence or willful misconduct of the Bank, in determining whether a drawing made documents presented under the Letter of Credit complies comply with the terms and conditions therefor stated in the Letter of Credit, thereof or (ii) the gross negligence Bank’s willful or willful grossly negligent failure of the Bank to pay under the Letter of Credit after a drawing the presentation to it by the Bond Trustee of a sight draft and certificate strictly complying with the terms and conditions of the Letter of Creditthereof; provided, however, provided that the maximum amount of damages recoverable by Account Parties the Borrower as provided above is expressly limited to the Stated Amount of the Letter of Credit. In furtherance and not in limitation of the foregoing, the Bank and the Bank Participants may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary. The Bank shall not be liable in any way for any failure on its part to honor any draft under the Letter of Credit as a result of any act or omission (whether rightful or wrongful) of any Governmental Authority or any other cause beyond the control of the Bank.

Liability of the Bank. Account Parties assume all risks of the acts or omissions of the Bond Trustee and any transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (d) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (e) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of the Bank. Ban; Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above to the extent, but only to the extent, of any direct, as opposed to indirect or special or consequential, damages, suffered by Account Parties which Account Parties proves were caused by: (i) the gross negligence or willful misconduct of the Bank, in determining whether a drawing made under the Letter of Credit complies with the terms and conditions therefor stated in the Letter of Credit, or (ii) the gross negligence or willful failure of the Bank to pay under the Letter of Credit after a drawing by the Bond Trustee strictly complying with the terms and conditions of the Letter of Credit; provided, however, that the maximum amount of damages recoverable by Account Parties as provided above is expressly limited to the Stated Amount of the Letter of Credit.

Liability of the Bank. Account Parties assume The Borrower assumes all risks of the acts or omissions of the Bond Trustee and any other beneficiary or transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any other beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) endorsement thereon, even if such documents document should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except that the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Borrower shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Borrower, to the extent, but only to the extent, extent of any direct, as opposed to indirect or special or consequential, damages, suffered by Account Parties the Borrower which Account Parties the Borrower proves were caused by: by the Bank’s (i) the gross negligence or willful misconduct of the Bank, in determining whether a drawing made documents presented under the Letter of Credit complies complied with the terms and conditions therefor stated in of the Letter of Credit, Credit or (ii) the gross negligence or willful wrongful failure of the Bank to pay make any lawful payment under the Letter of Credit after a drawing the presentation to it by the Bond Trustee of a draft and certificate strictly complying with the terms and conditions of the Letter of Credit; provided. In furtherance and not in limitation of the foregoing, howeverthe Bank may accept documents that appear on their face to be in order, that the maximum amount without responsibility for further investigation, regardless of damages recoverable by Account Parties as provided above is expressly limited any notice or information to the Stated Amount of the Letter of Creditcontrary.

Liability of the Bank. Account Parties assume The Company assumes all risks of the acts or omissions of the Bond Trustee and any other beneficiary or transferee of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (a) the use which may be made of the Letter of Credit or for any acts or omissions of the Bond Trustee and any other beneficiary or transferee in connection therewith; (b) any reference which may be made to this Reimbursement Agreement or the Letter of Credit in any agreements, instruments or other documents; (c) the validity, sufficiency or genuineness of documents, or of any endorsement(s) endorsement thereon, even if such documents document should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; (dc) payment by the Bank against presentation of documents which do not comply with the terms of the Letter of Credit, including failure of any documents to bear any reference or adequate reference to the Letter of Credit; or (ed) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit. Without limiting , except that the foregoing, the Bank may accept any document that appears on its face to be in order, without responsibility for further investigation. The determination of whether Company shall have a drawing has been made under the Letter of Credit prior to the Expiration Date or whether a drawing made under the Letter of Credit is in proper and sufficient form shall be made by the Bank in its sole discretion, which determination shall be conclusive and binding upon Account Parties to the extent permitted by law except to the extent Account Parties proves that such determination constituted gross negligence or willful misconduct of claim against the Bank. Account Parties hereby waive any right to object to any payment made under the Letter of Credit with regard to a drawing that is in the form provided in the Letter of Credit, but which varies with respect to punctuation, capitalization, spelling or similar matters of form. Notwithstanding the foregoing, and the Bank shall be liable to Account Parties for acts or events described in subsections (a) through (e) above the Company, to the extent, but only to the extent, extent of any direct, as opposed to indirect or special or consequential, damages, suffered by Account Parties the Company which Account Parties the Company proves were caused by: by the Bank's (i) the gross negligence or willful misconduct of the Bank, in determining whether a drawing made documents presented under the Letter of Credit complies complied with the terms and conditions therefor stated in of the Letter of Credit, Credit or (ii) the gross negligence or willful wrongful failure of the Bank to pay make lawful payment under the Letter of Credit after a drawing the presentation to it by the Bond Trustee of a draft and certificate strictly complying with the terms and conditions of the Letter of Credit; provided. In furtherance and not in limitation of the foregoing, howeverthe Bank may accept documents that reasonably appear on their face to be in order, that the maximum amount without responsibility for further investigation, regardless of damages recoverable by Account Parties as provided above is expressly limited any notice or information to the Stated Amount of the Letter of Creditcontrary.