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

Limitation on Liability of the Servicer. None of the directors, officers, employees or agents of the Servicer shall incur any liability to any noteholders, any Currency Hedge Counterparty, any Interest Rate Hedge Counterparty, the Indenture Trustee, any Subservicer, the Trustee, any Custodian or any of their respective parents, affiliates, subsidiaries, directors, officers, employees and agents, together with their successors and permitted assignees, for any action taken or not taken in good faith pursuant to the terms of this Agreement with respect to any Contract (including any Defaulted Contract), item of Equipment or other Serviced Asset; provided, however, that this provision shall not protect such persons for any liability which would otherwise be imposed (i) for any action or inaction resulting from willful misconduct, bad faith, negligence (including negligence with respect to the obligations hereunder) or reckless disregard in the performance of the duties hereunder or (ii) as the result of any violation of law by the Servicer in performing its duties hereunder.

Limitation on Liability of the Servicer. None of the directors, officers, employees or agents of the Servicer shall incur any liability to any noteholdersNoteholders, any Currency Hedge Counterparty, any Interest Rate Hedge Counterparty, the Indenture Trustee, any Subservicer, the Trustee, any the Delaware Trustee or the Custodian or any of their respective parents, affiliates, subsidiaries, directors, officers, employees and agents, together with their successors and permitted assignees, for any action taken or not taken in good faith pursuant to the terms of this Agreement with respect to any Contract (including any Defaulted Contract), item of Equipment or other Serviced Asset; provided, however, that this provision shall not protect such persons for any liability which would otherwise be imposed (i) for any action or inaction resulting from willful misconduct, bad faith, negligence (including negligence with respect to the obligations hereunder) or reckless disregard in the performance of the duties hereunder or (ii) as the result of any violation of law by the Servicer in performing its duties hereunder.

Limitation on Liability of the Servicer. None of the directors, officers, employees or agents of the Servicer shall incur any liability to any noteholders, any Currency Hedge Counterparty, any Interest Rate Hedge Counterparty, the any Indenture Trustee, any Subservicer, the Trustee, the Delaware Trustee, any Custodian or Lessor, any Custodian, any Control Party and each of their respective parents, affiliates, subsidiaries, directors, officers, employees and agents, together with their successors and permitted assignees, for any action taken or not taken in good faith pursuant to the terms of this Agreement with respect to any Contract (including any Defaulted Contract), item of Equipment or other Serviced Asset; provided, however, that this provision shall not protect such persons for any liability which would otherwise be imposed (i) for any action or inaction resulting from willful misconduct, bad faith, negligence (including negligence with respect to the obligations hereunder) or reckless disregard in the performance of the duties hereunder or (ii) as the result of any violation of law by the Servicer in performing its duties hereunder.