Capacity of DBCT Guarantor. (a) DBCT Guarantor enters into this Agreement as trustee of the DBCT Trust and in no other capacity.
(b) Any liability of DBCT Guarantor arising from this Agreement can be enforced against DBCT Guarantor only to the extent to which it can be satisfied out of the property of the DBCT Trust and out of which the DBCT Guarantor is actually indemnified for the liability. This provision applies despite any other provision of this Agreement.
(c) A person entitled to the benefit of this Agreement may not sue DBCT Guarantor personally or seek the appointment of a liquidator, administrator, receiver or similar person to DBCT Guarantor personally or prove any liquidation, administration or arrangement of or affecting DBCT Guarantor personally.
Capacity of DBCT Guarantor. (a) DBCT Guarantor enters into this Agreement as trustee of the DBCT Trust and in no other capacity.
(b) Any liability of DBCT Guarantor arising from this Agreement can be enforced against DBCT Guarantor only to the extent to which it can be satisfied out of the property of the DBCT Trust and out of which the DBCT Guarantor is actually indemnified for the liability. This provision applies despite any other provision of this Agreement.
(c) A person entitled to the benefit of this Agreement may not sue DBCT Guarantor personally or seek the appointment of a liquidator, administrator, receiver or similar person to DBCT Guarantor personally or prove any liquidation, administration or arrangement of or affecting DBCT Guarantor personally.
(d) The provisions of this clause 30.4 do not apply to any obligation or liability of DBCT Guarantor to the extent that it is not satisfied because under its constitution or deed of trust or by operation of law there is a reduction in the extent of DBCT Guarantor's indemnification over the assets of the DBCT Trust, as a result of DBCT Guarantor's fraud, negligence, breach of trust or breach of duty.
(e) All of the provisions of this clause 30 are subject to this clause 30.4.
Capacity of DBCT Guarantor. (a) DBCT Guarantor enters into this Agreement as trustee of the BBI (DBCT) Trust and in no other capacity.
(b) Any liability of DBCT Guarantor arising from this Agreement can be enforced against DBCT Guarantor only to the extent to which it can be satisfied out of the property of the BBI (DBCT) Trust and out of which the DBCT Guarantor is actually indemnified for the liability. This provision applies despite any other provision of this Agreement.
(c) A person entitled to the benefit of this Agreement may not sue DBCT Guarantor personally or seek the appointment of a liquidator, administrator, receiver or similar person to DBCT Guarantor personally or prove any liquidation, administration or arrangement of or affecting DBCT Guarantor personally.
(d) The provisions of this clause 30.4 do not apply to any obligation or liability of DBCT Guarantor to the extent that it is not satisfied because under its constitution or deed of trust or by operation of law there is a reduction in the extent of DBCT Guarantor’s indemnification over the assets of the BBI (DBCT) Trust, as a result of DBCT Guarantor’s fraud, negligence, breach of trust or breach of duty.
(e) All of the provisions of this clause 30 are subject to this clause 30.4. DBCT Management BBI (DBCT) Management Pty Limited ABN 16 097 698 916 DBCT Guarantor BBI (DBCT) Investor Services Pty Ltd ABN 97 699 483 672 as trustee for the BBI (DBCT) Trust User 4 Execution Date 5 Effective Date 6 Term [ ] years* (*note : if this Agreement provides for the Shipping of Coal for 10 years or more the Option in Clause 20 applies) 7 Annual Contract Tonnage Year Tonnage 200x AAA 200y BBB 200z etc CCC
1. Monthly Payment (MP) TIC is the Terminal Infrastructure Charge per tonne of Annual Contract Tonnage applicable for a relevant Financial Year as calculated under Schedule 2, Part A, Section 2; and
