Common use of Limitations on Liability Clause in Contracts

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on the Owner Trustee, individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators or agents shall have any liability with respect to this Indenture Supplement, and any recourse may be had solely to the Collateral.

Appears in 20 contracts

Sources: Indenture Supplement (American Express Receivables Financing Corp VIII LLC), Indenture Supplements (Barclays Dryrock Issuance Trust), Indenture Supplement (American Express Receivables Financing Corp VIII LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust AgreementTrustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the Servicerany Transferor, the Administrator, the Beneficiary or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators employees or agents shall will have any liability with respect to this Indenture SupplementIndenture, and recourse of any recourse Noteholder may be had solely to the CollateralCollateral designated for inclusion in the specific Asset Pool and pledged to secure the applicable Notes.

Appears in 4 contracts

Sources: Indenture (Capital One Master Trust), Indenture (Capital One Master Trust), Indenture (Capital One Master Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class D(2009-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Third Amended and Restated Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Class D(2009 1) Terms Document (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) the Owner Trustee has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trust in the Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2021-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2016-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-7) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2021-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Asset Pool One Supplement is executed and delivered by the Owner Trustee, each Transferor not individually or personally but solely as Owner Trustee Beneficiary under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee any Transferor but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, any Transferor individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee will any Transferor be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Asset Pool One Supplement or any related documents. (b) None of the Collateral Agent, the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary First USA or any other beneficiary Beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture Asset Pool One Supplement, and any recourse may be had solely to the CollateralCollateral pledged to secure the Asset Pool One Notes under this Asset Pool One Supplement.

Appears in 3 contracts

Sources: Asset Pool Supplement (First Usa Credit Card Master Trust), Indenture (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2016-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Omnibus Amendment to Specified Terms Documents (Discover Card Master Trust I), Class B(2020 2) Terms Document (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) the Owner Trustee has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trust in the Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2023-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2019-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement, Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2022-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, First USA not individually or personally but solely as Owner Trustee under the Trust AgreementBeneficiary, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee First USA but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, First USA individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee will First USA be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary First USA or any other beneficiary of the Issuer or any of their respective officers, directors, employees, members, incorporators employers or agents shall will have any liability with respect to this Indenture SupplementIndenture, and recourse of any recourse Noteholder may be had solely to the CollateralCollateral designated for inclusion in the specific Asset Pool and pledged to secure the applicable Notes.

Appears in 3 contracts

Sources: Indenture Agreement (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association), Indenture (First Usa Credit Card Master Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture Supplement and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture Supplement, and any recourse may be had solely to the CollateralCollateral pledged to secure the DiscoverSeries Notes under the Indenture and this Indenture Supplement.

Appears in 3 contracts

Sources: Third Amended and Restated Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2018-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2017-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 3 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement, Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2020-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2011-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Trust Agreement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B ( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2011-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Class C(2011 3) Terms Document (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class B(2012 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2012-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2013-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement is executed and delivered by the Owner Trustee, Chase USA not individually or personally but solely as Owner Trustee under the Trust AgreementBeneficiary, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer Issuing Entity is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee Chase USA but is made and intended for the purpose of binding only the IssuerIssuing Entity, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Chase USA individually or personally, to perform any covenant of the Issuer Issuing Entity either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the this Indenture and by any Person claiming by, through or under them and (iv) under no circumstances shall the Owner Trustee will Chase USA be personally liable for the payment of any indebtedness or expenses of the Issuer Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer Issuing Entity under this Indenture Supplement or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the Servicer, the Administrator, the Beneficiary Chase USA or any other beneficiary of the Issuer Issuing Entity or any of their respective officers, directors, employees, members, incorporators employers or agents shall will have any liability with respect to this Indenture SupplementIndenture, and recourse of any recourse Noteholder may be had solely to the CollateralCollateral designated for inclusion in the specific Asset Pool and pledged to secure the applicable Notes.

Appears in 2 contracts

Sources: Indenture (First Usa Credit Card Master Trust), Indenture (First Usa Credit Card Master Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class A(2015 2) Terms Document (Discover Bank), Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C(2007-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2011-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class A(2011 4) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-6) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2016-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2018-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2009-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2019-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement (Discover Funding LLC)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner TrusteeWilmington Trust Company (“WTC”), not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Owner Trustee and the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee WTC but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, WTC individually or personally, to perform any covenant of the Issuer either expressed or implied contained hereinherein of the Owner Trustee or the Issuer, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) WTC has made no investigation as to the accuracy or completeness of any representations and warranties made by the Owner Trustee or the Trust in this Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Owner Trustee or the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2023-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2017-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2012-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2011-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2013-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Class C(2013 1) Terms Document (Discover Bank)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2018-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2015-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerLIBOR Agent, the AdministratorCalculation Agent, the Beneficiary Beneficiary, the Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2020-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2007-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2017-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2011-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class C(2011 2) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2016-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2010-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class B(2010 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2010-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class C(2010 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2009-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2007-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2011-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class B(2011 2) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them them, (iv) the Owner Trustee has made no investigation as to the accuracy or completeness of any representations and warranties made by the Trust in the Agreement and (ivv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class C( - ) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Third Amended and Restated Indenture Supplement (Discover Card Master Trust I), Execution Note Trust (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2012-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class C(2012 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2011-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Class B(2011 1) Terms Document (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2017-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2008-4) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2012-3) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Execution Note Trust)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2013-5) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class B(2008-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Trust Agreement (Discover Card Master Trust I), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2014-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Class A(2014 2) Terms Document (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, the AdministratorBeneficiary, the Beneficiary Depositor, any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2017-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Trust Agreement (Discover Funding LLC), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class C(2014-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement, Indenture Supplement (Discover Card Master Trust I)

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure these Class A(2010-1) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Card Execution Note Trust), Indenture Supplement

Limitations on Liability. (a) It is expressly understood and agreed by the parties hereto that (i) this Indenture Supplement Terms Document is executed and delivered by the Owner Trustee, Trustee not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking or agreement by the Owner Trustee but is made and intended for the purpose of binding only the Issuer, (iii) nothing herein contained shall will be construed as creating any liability on the Owner Trustee, Trustee individually or personally, to perform any covenant of the Issuer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to the Indenture this Terms Document and by any Person claiming by, through or under them and (iv) under no circumstances shall will the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture Supplement Terms Document or any related documents. (b) None of the Indenture Trustee, the Owner Trustee, the ServicerCalculation Agent, any Beneficiary, the AdministratorDepositor, the Beneficiary any Master Servicer or any other beneficiary of the Issuer Servicer or any of their respective officers, directors, employees, members, incorporators or agents shall will have any liability with respect to this Indenture SupplementTerms Document, and any recourse may be had solely to the CollateralCollateral pledged to secure the Class B(2015-2) Notes under the Indenture, the Indenture Supplement and this Terms Document.

Appears in 2 contracts

Sources: Indenture Supplement (Discover Bank), Indenture Supplement