Civil Code. To the fullest extent permitted by applicable law, the following provisions shall apply (and shall be binding on the Settlor, the Trustees and on all Unitholders), namely: 2.10.1 in the event of any inconsistency or contradiction between the provisions of this Contract of Trust and the Civil Code, the provisions of this Contract of Trust shall prevail; 2.10.2 the Settlor, having established the Trust, hereby waives any rights which it may have in its capacity as Settlor (but not in its capacity as a Unitholder during any period while he/she is a Unitholder) pursuant to Articles 1287 and 1297 of the Civil Code or any right which it may have (the existence of such right not being admitted by any party hereto) to be a party to or to participate in any amendment to this Contract of Trust; 2.10.3 any amendments to this Contract of Trust shall be made in accordance with ARTICLE 13, the whole without prejudice to the rights of any person pursuant to Article 1294 of the Civil Code and, except as provided in said ARTICLE 13, no Unitholder shall have any right to be a party to or to participate in any such amendment; 2.10.4 the following Articles of the Civil Code shall, to the extent in any way inconsistent with the provisions of this Contract of Trust, not apply to this Contract of Trust or to the Trustees, the Settlor, the Unitholders or the administration of the Trust or the Trust Property, namely: Articles 1275, 1301, 1302, 1303, 1304, 1305, 1306 (except that the Trustees shall have full administration of the Trust Property), 1310, 1311, 1312, 1321 (first paragraph), 1332, 1334, 1338, 1339 (it being specifically agreed that the investments of the Trust shall be made solely pursuant to this Contract of Trust), 1340, 1341, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355 (second paragraph), 1356, 1357, 1358, 1360, 1361, 1363, 1364, 1365, 1366, 1368, 1369 and 1370; 2.10.5 the provisions of this Contract of Trust shall apply notwithstanding the provisions of Article 1337 of the Civil Code; 2.10.6 notwithstanding anything in this Contract of Trust to the contrary, the second sentence of Article 1322 of the Civil Code shall apply to and enure to the benefit of the Settlor, the Trustees and the Unitholders; and 2.10.7 the Settlor particularly and specifically exempts the Trustees and the Unitholders from making any return of the Trust Property or any part thereof, whether capital or income, to the general mass of the estate and succession of the Settlor.
Appears in 2 contracts
Samples: Contract of Trust, Contract of Trust
Civil Code. To the fullest extent permitted by applicable law, the following provisions shall apply (and shall be binding on the Settlor, the Trustees and on all Unitholders), namely:
2.10.1 2.11.1 in the event of any conflict, inconsistency or contradiction between the provisions of this Contract of Trust and the Civil Code, the provisions of this Contract of Trust shall prevail;
2.10.2 2.11.2 the Settlor, having established the Trust, hereby waives waives:
(a) any rights right which it may have in its capacity as Settlor (but not in its capacity as a Unitholder during any period while he/she it is a Unitholder) ), including with respect to the administration of the Trust pursuant to Articles Article 1287 and of the Civil Code;
(b) any right to receive the Trust Property upon the termination of the Trust pursuant to Article 1297 of the Civil Code or Code; and
(c) any right which it may have in its capacity as Settlor (but not in its capacity as Unitholder during any period while it is a Unitholder), the existence of any such right not being admitted by any party hereto) , to be a party to or to participate in any amendment or supplement to or restatement of this Contract of Trust;
2.10.3 2.11.3 any amendments to this Contract of Trust shall be made in accordance with ARTICLE Article 13, the whole without prejudice to the rights of any person pursuant to Article 1294 of the Civil Code and, except as provided in said ARTICLE Article 13, no Unitholder shall have any right to be a party to or to participate in any such amendment;
2.10.4 2.11.4 the following Articles provisions of the Civil Code shallthat are not of public order, to the extent in any way inconsistent or conflicting with or contradictory to the provisions of this Contract of Trust, shall not apply to this Contract of Trust or to the Trustees, the Settlor, the Unitholders or the administration of the Trust or the Trust Property, namely: namely Articles 1266 (second paragraph), 1275, 1301, 1302, 1303, 1304, 1305, 1306 (except that the Trustees Trustee shall have full administration of the Trust Property), 1310, 1311, 1312, 1320, 1321 (first paragraph), 13321324, 1325, 1326, 1327, 1328, 1329, 1330, 1334, 1337, 1338, 1339 (it being specifically agreed that the investments of the Trust shall be made solely pursuant to this Contract of Trust), 1340, 1341, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355 (second paragraph), 1356, 1357, 1358, 13601359, 13611360,1361, 1363, 1364, 1365, 1366, 1368, 1369 and 1370;
2.10.5 2.11.5 notwithstanding Article 1324 of the Civil Code, the Trustees shall have no obligation to make an inventory or to furnish security to guarantee the performance of their obligations under this Contract of Trust or at law, except that the Trustees may be required by a Unitholder to make an inventory as contemplated by Article 1324 of the Civil Code or to render an account as contemplated by Article 1363 of the Civil Code following any sale of all or substantially all of the assets of the Trust and upon termination of the Trust;
2.11.6 the provisions of this Contract of Trust shall apply notwithstanding the provisions of Article 1337 of the Civil Code;
2.10.6 2.11.7 notwithstanding anything in this Contract of Trust to the contrary, the second sentence of Article 1322 of the Civil Code shall apply to and enure to the benefit of the Settlor, the Trustees and the Unitholders; and
2.10.7 2.11.8 the Settlor particularly and specifically exempts the Trustees and the Unitholders from making any return of the Trust Property or any part thereof, whether capital or income, to the general mass of the estate and succession of the Settlor.
Appears in 1 contract
Samples: Contract of Trust
Civil Code. To the fullest extent permitted by applicable law, the following provisions shall apply (and shall be binding on the Settlor, the Trustees and on all Unitholders), namely:
2.10.1 in the event of any inconsistency or contradiction between the provisions of this Contract of Trust and the Civil Code, the provisions of this Contract of Trust shall prevail;
2.10.2 the Settlor, having established the Trust, hereby waives any rights which it may have in its capacity as Settlor (but not in its capacity as a Unitholder during any period while he/she is a Unitholder) pursuant to Articles 1287 and 1297 of the Civil Code or any right which it may have (the existence of such right not being admitted by any party hereto) to be a party to or to participate in any amendment to this Contract of Trust;
2.10.3 any amendments to this Contract of Trust shall be made in accordance with ARTICLE 13Article 12, the whole without prejudice to the rights of any person pursuant to Article 1294 of the Civil Code and, except as provided in said ARTICLE 13Article 12, no Unitholder shall have any right to be a party to or to participate in any such amendment;
2.10.4 the following Articles of the Civil Code shall, to the extent in any way inconsistent with the provisions of this Contract of Trust, not apply to this Contract of Trust or to the Trustees, the Settlor, the Unitholders or the administration of the Trust or the Trust Property, namely: Articles 1275, 1301, 1302, 1303, 1304, 1305, 1306 (except that the Trustees shall have full administration of the Trust Property), 1310, 1311, 1312, 1321 (first paragraph), 1332, 1334, 1338, 1339 (it being specifically agreed that the investments of the Trust shall be made solely pursuant to this Contract of Trust), 1340, 1341, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355 (second paragraph), 1356, 1357, 1358, 1360, 1361, 1363, 1364, 1365, 1366, 1368, 1369 and 1370;
2.10.5 the provisions of this Contract of Trust shall apply notwithstanding the provisions of Article 1337 of the Civil Code;
2.10.6 notwithstanding anything in this Contract of Trust to the contrary, the second sentence of Article 1322 of the Civil Code shall apply to and enure to the benefit of the Settlor, the Trustees and the Unitholders; and
2.10.7 the Settlor particularly and specifically exempts the Trustees and the Unitholders from making any return of the Trust Property or any part thereof, whether capital or income, to the general mass of the estate and succession of the Settlor.
Appears in 1 contract
Samples: Trust Agreement
Civil Code. To the fullest extent permitted by applicable law, the following provisions shall apply (and shall be binding on the Settlor, the Trustees and on all Unitholders), namely:
2.10.1 2.12.1 in the event of any conflict, inconsistency or contradiction between the provisions of this Contract of Trust and the Civil Code, the provisions of this Contract of Trust shall prevail;
2.10.2 2.12.2 the Settlor, having established the Trust, hereby waives waives:
(a) any rights right which it may have in its capacity as Settlor (but not in its capacity as a Unitholder during any period while he/she it is a Unitholder) ), including with respect to the administration of the Trust pursuant to Articles Article 1287 and of the Civil Code;
(b) any right to receive the Trust Property upon the termination of the Trust pursuant to Article 1297 of the Civil Code or Code; and
(c) any right which it may have in its capacity as Settlor (but not in its capacity as Unitholder during any period while it is a Unitholder), the existence of any such right not being admitted by any party hereto) , to be a party to or to participate in any amendment or supplement to or restatement of this Contract of Trust;
2.10.3 2.12.3 any amendments to this Contract of Trust shall be made in accordance with ARTICLE 13, the whole without prejudice to the rights of any person pursuant to Article 1294 of the Civil Code and, except as provided in said ARTICLE 13, no Unitholder shall have any right to be a party to or to participate in any such amendment;
2.10.4 2.12.4 the following Articles provisions of the Civil Code shallthat are not of public order, to the extent in any way inconsistent or conflicting with or contradictory to the provisions of this Contract of Trust, shall not apply to this Contract of Trust or to the Trustees, the Settlor, the Unitholders or the administration of the Trust or the Trust Property, namely: namely Articles 1266 (second paragraph), 1275, 1301, 1302, 1303, 1304, 1305, 1306 (except that the Trustees Trustee shall have full administration of the Trust Property), 1310, 1311, 1312, 1320, 1321 (first paragraph), 13321324, 1325, 1326, 1327, 1328, 1329, 1330, 1334, 1337, 1338, 1339 (it being specifically agreed that the investments of the Trust shall be made solely pursuant to this Contract of Trust), 1340, 1341, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355 (second paragraph), 1356, 1357, 1358, 1359, 1360, 1361, 1363, 1364, 1365, 1366, 1368, 1369 and 1370;
2.10.5 2.12.5 notwithstanding Article 1324 of the Civil Code, the Trustees shall have no obligation to make an inventory or to furnish security to guarantee the performance of their obligations under this Contract of Trust or at law, except that the Trustees may be required by a Unitholder to make an inventory as contemplated by Article 1324 of the Civil Code or to render an account as contemplated by Article 1363 of the Civil Code following any sale of all or substantially all of the assets of the Trust and upon termination of the Trust;
2.12.6 the provisions of this Contract of Trust shall apply notwithstanding the provisions of Article 1337 of the Civil Code;
2.10.6 2.12.7 notwithstanding anything in this Contract of Trust to the contrary, the second sentence of Article 1322 of the Civil Code shall apply to and enure to the benefit of the Settlor, the Trustees and the Unitholders; and
2.10.7 2.12.8 the Settlor particularly and specifically exempts the Trustees and the Unitholders from making any return of the Trust Property or any part thereof, whether capital or income, to the general mass of the estate and succession of the Settlor.
Appears in 1 contract
Samples: Contract of Trust
