Common use of Liability of the Evaluator Clause in Contracts

Liability of the Evaluator. The Trustee, the Depositor and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unitholders except for any liability to which it would be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.

Liability of the Evaluator. The Trustee, the Depositor and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unitholders except for any liability to which it would be subject by reason of willful wilful misfeasance, bad faith or negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.