Contractual Duties Prevail. To the extent that, at law or in equity, a Member has duties (including fiduciary duties) and liabilities relating thereto to the Company or any Company Subsidiary or to the other Member, a Member acting pursuant to this Agreement shall not be liable to the Company or any Company Subsidiary or to any other Member except to the extent provided in Section 5.5. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Member otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of such Member.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Emeritus Corp\wa\), Limited Liability Company Agreement, Agreement of Purchase and Sale
Contractual Duties Prevail. To the extent that, at law or in equity, a Member has duties (including including, for the avoidance of doubt, fiduciary duties) and liabilities relating thereto to the Company or any Company Subsidiary or to the other MemberMembers, a Member acting pursuant to and in accordance with this Agreement shall not be liable to the Company or any Company Subsidiary or to any other Member except to the extent provided in Section 5.5this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Member otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of such Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (F45 Training Holdings Inc.)
