Limitation on Trustee’s Liability Clause Samples

Limitation on Trustee’s Liability. Except as provided in this Article 7, in accepting the trusts hereby created, the entities acting as Trustees are acting solely as Trustees hereunder and not in their individual capacity and, except as provided in this Article 7, all Persons having any claim against either of the Trustees by reason of the transactions contemplated by this Indenture or any Note shall look only to the Company for payment or satisfaction thereof.

Limitation on Trustee’s Liability. The Trustee enters into this Agreement only in its capacity as trustee of the Series Trust and in no other capacity. A liability incurred by the Trustee acting in its capacity as trustee of the Series Trust arising under or in connection with this Agreement is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of the Assets of the Series Trust out of which the Trustee is actually indemnified for the liability. This limitation of the Trustee's liability applies despite any other provision of this Agreement (other than clause 15.3) and extends to all liabilities and obligations of the Trustee in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this Agreement.

Limitation on Trustee’s Liability. The Trustee shall make no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the execution by the Trustee on behalf of the Trust of, or the certificate of authentication on, the Certificates), or of any Receivable or related document. The Trustee shall have no obligation to perform any of the duties of the Seller or the Servicer unless explicitly set forth in this Agreement. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any security interest in any Financed Vehicle or any Receivable, or the perfection and priority of such a security interest or the maintenance of any such perfection and priority, or for or with respect to the efficacy of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including without limitation, the existence, condition, location and ownership of any Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any Receivable or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Seller or the Servicer with any covenant or the breach by the Seller or the Servicer of any warranty or representation made under this Agreement or in any related document and the accuracy of any such warranty or representation prior to the Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; any investment of monies by the Servicer or any loss resulting therefrom (it being understood that the Trustee shall remain responsible as Trustee for any Trust property that it may hold); the acts or omissions of the Seller, the Servicer or any Obligor; any action of the Servicer taken in the name of or as the agent of the Trustee; or any action by the Trustee taken at the instruction of the Servicer; provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. Except with respect to a claim based on the failure of the Trustee to perform its duties under this Agreement or based on the Trustee's negligence or willful misconduct, bad faith or negligence, no recourse shall be had for any...

Limitation on Trustee’s Liability. The Trustee has no liability to any Unit Holder in respect of a Claim arising out of, or in any way related to, the Trust, or for any Loss (including Consequential Loss) or damage suffered in any way relating to the Trust, except: (a) as a result of, and to the extent of, the Trustee committing fraud, Gross Negligence, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, breach of trust or breach of this Deed or the Unit Holders Deed; or (b) for a Claim in respect of the non-payment by the Trustee of an amount that the Trustee is expressly required to pay under the terms of this Deed or the Unit Holders Deed.

Limitation on Trustee’s Liability. The Trustee enters into this Agreement only in its capacity as trustee of the Series Trust and in no other capacity. A liability incurred by the Trustee acting in its capacity as trustee of the Series Trust arising under or in connection with this Agreement is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of the Assets of the Series Trust out of which the Trustee is actually indemnified for the liability. This limitation of the Trustee's liability applies despite any other provision of this Agreement

Limitation on Trustee’s Liability. The Trustee shall not be liable for the disposition of Gold or moneys, or in respect of any evaluation which it makes under this Agreement or otherwise, or for any action taken or omitted or for any loss or injury resulting from its actions or its performance or lack of performance of its duties hereunder in the absence of gross negligence or willful misconduct on its part. In no event shall the Trustee be liable (i) for acting in accordance with or conclusively relying upon any instruction, notice, demand, certificate or document from the Sponsor, a Participant or any entity acting on behalf of the Sponsor or a Participant which the Trustee believes is given pursuant to or is authorized by this Agreement; (ii) for any indirect, consequential, punitive or special damages, regardless of the form of action and whether or not any such damages were foreseeable or contemplated; or (iii) for an amount in excess of the value of the assets of the Trust. Whenever in this Agreement it is stated that the Trustee is not or shall not be liable or shall have no liability (or words of like effect) for some matter or thing, such statement shall mean that the Trustee is not and shall not be liable to any person, including the Trust, the Depository, any Beneficial Owner, the Sponsor, a Participant or prospective Participant or a Custodian, with regard to that matter or thing, and in each such case, the Trustee shall be indemnified by the Trust against any loss, liability or expense in connection with the matter or thing for which it was stated the Trustee would not be liable. Such indemnity shall include payment by the Trust of the costs and expenses set forth in the second sentence of Section 8.05, and shall be considered amounts payable under Section 8.05. Such indemnity shall survive the resignation or removal of the Trustee and the termination of the Trust (but not the final distribution of the Trust assets), and shall inure to the benefit of any entity which is successor to the indemnified party as provided in 8.05.

Limitation on Trustee’s Liability. The Plan Administrator shall administer the Plan as provided therein, and the Trustee shall not be responsible in any aspect for administering the Plan nor shall the Trustee be responsible for the adequacy of contributions to the Trust Fund to meet or discharge any payments or liabilities under the Plan. The trustee shall be entitled conclusively to rely upon notice, instruction, direction or other communication of the Plan Administrator.

Limitation on Trustee’s Liability. The Trustee has no liability to any Unit Holder in respect of a Claim arising out of, or in any way related to, the Trust, or for any Loss (including Consequential Loss) or damage suffered in any way relating to the Trust, except: (a) (b)

Limitation on Trustee’s Liability. (a) The Trustee shall not be liable for any action taken or omitted by him in good faith or for the acts of the Company, or for any act of default not amounting to a wilful breach of trust, wilful neglect or wilful default. The Trustee shall not be liable for any act, omission, neglect or breach of trust of any other trustee. (b) The Trustee is not an agent or servant of the Company in respect of his functions as Trustee and the Company shall not be liable in damages or otherwise for any act or default of any trustee or for any debt or liability of the Trustee to any person in respect of the Company hereunder and the liability of the Company hereunder shall be limited to paying such contributions and performing such acts and duties as are required by this Agreement and the Plan to be paid and performed. (c) The Company and any person claiming by, through or under the Company shall have no right, title or interest in or to the assets of the Trust or any part hereof nor any claim against the Trustee in respect of the assets of the Trust, it being the intent that all contributions made by the Company or for which it is liable shall be free of any interest or claim whatsoever of or by the Company and no part of the contributions shall be returned to the Company or be subject to the debts, liabilities or obligations of the Company or be considered part of the assets or property of the Company. (d) No person shall have the right to benefit out of the assets of the Trust except to the extent provided by this Agreement and the Plan. (e) The Trustee shall not be held responsible for the failure to collect Employer Contributions and Participant Contributions from the Company. (f) The Trustee shall not be held responsible for any deficiency in the Trust should such assets be less than the amounts required to pay out to the Participants, or to creditors of the Trust. J;//reception/▇▇▇▇ ▇▇▇▇▇▇/ESOP/ESOP Employee Benefit Plan