Delta Airlines 2012 Annual Report Download - page 311

perfecting or maintaining the perfection of any Liens on the Collateral. The Collateral Trustee will be deemed to have
exercised reasonable care in the custody of the Collateral in its possession if the Collateral is accorded treatment
substantially equal to that which it accords its own property, and the Collateral Trustee will not be liable or responsible for
any loss or diminution in the value of any of the Collateral by reason of the act or omission of any carrier, forwarding
agency or other agent or bailee selected by the Collateral Trustee in good faith.
(b) The Collateral Trustee will not be responsible for the existence, genuineness or value of any of the
Collateral or for the validity, perfection, priority or enforceability of the Liens in any of the Collateral, whether impaired by
operation of law or by reason of any action or omission to act on its part hereunder, except to the extent such action or
omission constitutes gross negligence, bad faith or willful misconduct on the part of the Collateral Trustee, for the validity
or sufficiency of the Collateral or any agreement or assignment contained therein, for the validity of the title of any Grantor
to the Collateral, for insuring the Collateral or for the payment of taxes, charges, assessments or Liens upon the Collateral or
otherwise as to the maintenance of the Collateral. The Collateral Trustee hereby disclaims any representation or warranty to
the present and future holders of the Secured Debt Obligations concerning the perfection of the Liens granted hereunder or
in the value of any of the Collateral.
SECTION 5.13 Assumption of Rights, Not Assumption of Duties . Notwithstanding anything to the contrary
contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this
Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the
same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release
such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the
parties thereunder other than those of the Collateral Trustee.
SECTION 5.14 No Liability for Clean Up of Hazardous Materials . In the event that the Collateral Trustee is
required to acquire title to an asset for any reason, or take any managerial action of any kind in regard thereto, in order to
carry out any fiduciary or trust obligation for the benefit of another, which in the Collateral Trustee's sole discretion may
cause the Collateral Trustee to be considered an “owner or operator” under any environmental laws or otherwise cause the
Collateral Trustee to incur, or be exposed to, any environmental liability or any liability under any other federal, state or
local law, the Collateral Trustee reserves the right, instead of taking such action, either to resign as Collateral Trustee or to
arrange for the transfer of the title or control of the asset to a court appointed receiver. The Collateral Trustee will not be
liable to any Person for any environmental liability or any environmental claims or contribution actions under any federal,
state or local law, rule or regulation by reason of the Collateral
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