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

Limitation on Liability of the Depositor, the Servicer and Others. None of the Depositor, the Servicer or any of the directors, officers, employees or agents of the Depositor or the Servicer shall be under any liability to the Trust Fund or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor, the Servicer or any such person against any breach of warranties, representations or covenants made herein, or against any specific liability imposed on the Servicer pursuant hereto, or against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Depositor, the Servicer and any director, officer, employee or agent of the Depositor or the Servicer may rely in good faith on any document of any kind which, PRIMA FACIE, is properly executed and submitted by any Person respecting any matters arising 112

Limitation on Liability of the Depositor, the Servicer and Others. None of Neither the Depositor, the Servicer, the Special Servicer or nor any of the directors, officers, employees or agents of the Depositor or the Servicer or the Special Servicer shall be under any liability to the Trust Fund or the Certificateholders for any action taken taken, or for refraining from the taking of any action action, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Depositor, Depositor or the Servicer or the Special Servicer or any such person Person against any breach of warranties, warranties or representations or covenants made herein, or against any specific liability imposed on the Servicer pursuant heretoor the Special Servicer, or against any liability which would otherwise be imposed by reason of willful misfeasancemisconduct, bad faith faith, fraud or negligence in the performance of duties or by reason of reckless disregard of obligations and or duties hereunder. The Depositor, the Servicer, the Special Servicer and any director, officer, employee or agent of the Depositor Depositor, the Servicer or the Special Servicer may rely in good faith on any document of any kind which, PRIMA FACIEprima facie, is properly executed and submitted by any appropriate Person respecting any matters arising 112hereunder. The Depositor,