Common use of Xxxxx Fargo Clause in Contracts

Xxxxx Fargo. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association acting in the possible multiple capacities of the Collateral Custodian, and Account Bank and in the capacity as Administrative Agent. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of gross negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Xxxxx Fargo. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association acting in the possible multiple capacities of the Collateral Custodian, the Administrative Agent and the Account Bank and in the capacity as Administrative AgentBank. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of gross negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.