Common use of Limitation on Liability of Trustee Clause in Contracts

Limitation on Liability of Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Savings Fund Society, FSB, a federal savings bank, not individually or personally but solely as Trustee of the Trust Subsidiary, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Subsidiary is made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB but is made and intended for the purpose for binding only the trust estate, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, and (d) under no circumstances shall Wilmington Savings Fund Society, FSB be personally liable for the payment of any indebtedness or expenses of the Trust Subsidiary or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Subsidiary under this Agreement or the other related documents.

Limitation on Liability of Trustee. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Savings Fund Society, FSB, d/b/a federal savings bankChristiana Trust, not individually or personally but solely as Trustee of the Trust Subsidiarytrustee for the Purchaser, in the exercise of the powers and authority conferred and vested in it under the Trust Agreementit, (b) each of the representations, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Trust Subsidiary is Purchaser are made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB FSB, d/b/a Christiana Trust but is are made and intended for the purpose for of binding only the trust estatePurchaser, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, individually or personally, to perform any covenant either express expressed or implied contained hereinherein or therein, as applicable, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and any Person other related agreement and by any person claiming by, through or under the such parties hereto, and (d) under no circumstances shall Wilmington Savings Fund Society, FSB FSB, d/b/a Christiana Trust be personally liable for the payment of any indebtedness or expenses of the Trust Subsidiary Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Subsidiary Purchaser under this Agreement or the and any other agreement related documentshereto.