Benefit Plan Fiduciary. For purposes of this Section 7.7, (i) excise taxes assessed on an Indemnitee, of for which the Indemnitee is otherwise found liable, with respect to an ERISA Plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an ERISA Plan in the performance of its duties for a purpose reasonably believed by it to be in the interest of the participants and beneficiaries of such ERISA Plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 6 contracts
Samples: LaSalle Hotel Properties, Assignment and Assumption Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust)
Benefit Plan Fiduciary. For purposes of this Section 7.7, (i) excise taxes assessed on an Indemnitee, of or for which the Indemnitee is otherwise found liable, in connection with respect to an ERISA Plan Investor pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 and (iiiii) actions taken or omitted by the Indemnitee in connection with respect to an ERISA Plan Investor in the performance of its duties for a purpose reasonably believed by it to be in the interest of the participants and beneficiaries of such ERISA Plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 5 contracts
Samples: Host Hotels & Resorts L.P., Host Hotels & Resorts, Inc., Host Hotels & Resorts L.P.
Benefit Plan Fiduciary. For purposes of this Section 7.7, (i) excise taxes assessed on an Indemnitee, of for which the Indemnitee is otherwise found liable, with respect to an ERISA Plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 7.7, and (iii) actions taken or omitted by the Indemnitee with respect to an ERISA Plan in the performance of its duties for a purpose reasonably believed by it to be in the interest of the participants and beneficiaries of such ERISA Plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 3 contracts
Samples: Guaranty Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust), Equity Office Properties Trust
Benefit Plan Fiduciary. For purposes of this Section 7.7, (i) ---------------------- excise taxes assessed on an Indemnitee, of or for which the Indemnitee is otherwise found liable, in connection with respect to an ERISA Plan Investor pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 and (iiiii) actions taken or omitted by the Indemnitee in connection with respect to an ERISA Plan Investor in the performance of its duties for a purpose reasonably believed by it to be in the interest of the participants and beneficiaries of such ERISA Plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 2 contracts
Samples: Host Marriott L P, Host Marriott Trust
Benefit Plan Fiduciary. For purposes of this Section 7.74.4, (i) excise taxes assessed on an Indemnitee, of or for which the Indemnitee is otherwise found liable, with respect to an ERISA Plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 4.4 and (iii) actions taken or omitted by the Indemnitee with respect to an ERISA Plan in the performance of its duties for a purpose reasonably believed by it to be in the interest of the participants and beneficiaries of such ERISA Plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 1 contract
Samples: Limited Partnership Agreement (Equity Residential Properties Trust)