Additional Trustee Provisions. (a) The permissive rights of the Trustee enumerated herein shall not be construed as duties.
Additional Trustee Provisions. (a) Delivery to the Trustee of any reports, information and documents pursuant to the Base Indenture is for informational purposes only and the Trustee’s receipt of such reports, information and documents shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the compliance of the Company with any of its covenants in the Base Indenture and this First Supplemental Indenture (as to which the Trustee is entitled to conclusively rely exclusively on Officers’ Certificates).
Additional Trustee Provisions. These additional provisions shall apply regarding Trustee:
Additional Trustee Provisions. In no event shall the Original Trustee or the Series Trustee be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if the Original Trustee or the Series Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action. For the avoidance of doubt, the Original Trustee shall have no liabilities, duties or obligations under or in respect of this Supplemental Indenture. Each of the Original Trustee and the Series Trustee shall not be responsible or liable for any failure or delay in the performance of its obligations under this Supplemental Indenture arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or military authority or governmental actions; it being understood that each of the Original Trustee and the Series Trustee shall use its best efforts to resume performance as soon as practicable under the circumstances. The permissive rights of each of the Original Trustee and the Series Trustee enumerated herein shall not be construed as duties.
Additional Trustee Provisions. In no event shall the Trustee be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profits), even if the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action. The Trustee shall not be responsible or liable for any failure or delay in the performance of its obligations under this Supplemental Indenture arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or military authority or governmental actions; it being understood that the Trustee shall use its best efforts to resume performance as soon as practicable under the circumstances. The permissive rights of the Trustee enumerated herein shall not be construed as duties.
Additional Trustee Provisions. (a) HVF hereby agrees to indemnify and hold harmless the Trustee from and against any and all losses, liabilities (including liabilities for penalties), claims, demands, actions, suits, judgments, reasonable out-of-pocket costs and expenses arising out of or resulting from the assignment granted by this Series Supplement or, solely with respect to the Series 2013-G1 HVF Segregated Vehicle Collateral, by the Collateral Agency Agreement, whether arising by virtue of any act or omission on the part of HVF or otherwise, including, without limitation, the reasonable out-of-pocket costs, expenses, and disbursements (including reasonable attorneys’ fees and expenses) incurred by the Trustee in enforcing this Series Supplement or the Segregated Series 2013-G1 Documents or preserving any of its rights to, or realizing upon, any of the Series 2013-G1 Collateral; provided, however, the foregoing indemnification shall not extend to any action by the Trustee which constitutes gross negligence or willful misconduct by the Trustee. The indemnification provided for in this Section 11.16(a) shall survive the removal of, or a resignation by, such Person as Trustee as well as the termination of this Series Supplement or any Segregated Series 2013-G1 Document.
Additional Trustee Provisions. (a) No provision of this New York Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this New York Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this New York Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought.
Additional Trustee Provisions. (a) No provision of this Reinsurance Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this Reinsurance Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this Reinsurance Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought.
Additional Trustee Provisions. (a) No provision of this Supplemental Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this Supplemental Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this Supplemental Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought.
Additional Trustee Provisions. Subject to Section 7.01 and 7.02 of the Indenture, the following provisions shall apply to the Indenture as applicable to the Notes, this Supplemental Indenture and the Notes:
