Common use of Limitation on Liability of the Servicer and Others Clause in Contracts

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, provided that this provision notwithstanding anything to the contrary contained herein nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, each Purchaser Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, that this provision notwithstanding anything to the contrary contained herein nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, each Purchaser Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, provided that this provision notwithstanding anything to the contrary contained herein nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise expressly provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder. Section 7.12.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its the directors or officers or employees or agents of the Servicer shall be under any liability to the Secured PartiesDeal Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that which would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Servicer, the Image File Custodian or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, provided that this provision notwithstanding anything to the contrary contained herein nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.. 108

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its the directors or officers or employees or agents of the Servicer shall be under any liability to the Secured PartiesDeal Agent, the Backup Servicer Purchasers or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that which would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Servicer, the Collateral Custodian or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, that this provision notwithstanding anything to the contrary contained herein, nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.. 141

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability 130 LEGAL02/42338653v2 that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.. LEGAL02/42658427v2

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability 130 that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured PartiesAdministrative Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise expressly provided herein, neither the Servicer nor any of its directors or officers or employees 107 300213599v4 or agents shall be under any liability to the Secured Parties, the Backup Servicer Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise expressly provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunderduties.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither Neither the Servicer nor any of its directors or officers or directors, officers, employees or agents shall be under any liability to the Secured PartiesTrustee, the Backup Servicer Trust or any other Person the Certificateholders for any action taken or for refraining from the taking of any action by the Servicer pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such Person person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.the

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Administrative Agent, the Secured Parties, the Backup Servicer Servicer, the Collateral Custodian or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall not be under any liability to the Secured PartiesAdministrative Agent, the Backup Servicer Secured Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement whether arising from express or implied duties under this Agreement; provided, however, provided that this provision notwithstanding anything to the contrary contained herein nothing shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.. 106

Limitation on Liability of the Servicer and Others. Except as otherwise expressly provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision DB1/ 139452285.4144571789.3 109 shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder. Section 7.12.

Limitation on Liability of the Servicer and Others. Except as otherwise expressly provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer Parties or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability that would otherwise be imposed by reason of its willful misconductmisfeasance, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.

Limitation on Liability of the Servicer and Others. Except as otherwise provided herein, neither the Servicer nor any of its directors or officers or employees or agents shall be under any liability to the Secured Parties, the Backup Servicer or any other Person for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such Person against any liability LEGAL02/41783784v7 LEGAL02/42659596v2 that would otherwise be imposed by reason of its willful misconduct, bad faith or gross negligence in the performance of duties or by reason of its willful misconduct hereunder.