Common use of Liability of Indenture Trustee Clause in Contracts

Liability of Indenture Trustee. Notwithstanding anything in this Agreement or any Basic Document to the contrary, in no event shall the Indenture Trustee be liable, personally or in any capacity, for: (i) any Servicing Fee or for any amount necessary to induce any successor Servicer to act as such under this Agreement; (ii) any costs and expenses (including attorney's fees) to be expended in connection with the transition of the functions of the Servicer hereunder to a successor Servicer including, but not limited to, transferring the Receivable Files to any successor Servicer and amending this Agreement to reflect such succession; provided that if the Indenture Trustee is the predecessor Servicer, then the Indenture Trustee, as predecessor Servicer, shall be responsible for costs and expenses as set forth in Section 8.01; (iii) the acts or omissions of any predecessor Servicer, regardless of when such acts or omissions are discovered; or (iv) any obligation to advance funds or repurchase Receivables if the Indenture Trustee were Servicer hereunder. Notwithstanding anything in this Agreement or any Basic Document to the contrary, if the Indenture Trustee were to become successor Servicer hereunder, the Indenture Trustee in such capacity shall be obligated to provide only the indemnities expressly provided for herein, including, without limitation, Section 7.02 hereof.