Common use of Costs of Suit Clause in Contracts

Costs of Suit. The costs and expenses (including counsel fees) of any action, suit or proceeding brought by or against the Trustees or any of them in respect of this Trust Agreement shall be paid from the Trust Fund, except to costs and expenses of any action in which it shall be adjudged in such action, suit or proceedings resulted from a Trustee or Trustees acting in bad faith or being grossly negligent or performing his or their duties hereunder with wilful misconduct, in which case such costs and expenses shall be the responsibility of such Trustee or Trustees.

Appears in 2 contracts

Samples: Collective Agreement Amendment, Collective Agreement Amendment

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Costs of Suit. The costs and expenses (including counsel fees) of any action, suit suit, or proceeding brought by or against the Board of Trustees or any of them in respect of this Trust Agreement Trustee or former Trustee (including counsel fees) shall be paid from the Trust Fund, except in relation to costs and expenses of any action in matters as to which it shall be adjudged in such action, suit suit, or proceedings resulted from a proceeding that the Board of Trustees or Trustee or Trustees former Trustee was acting in bad faith or being grossly negligent or performing his or their duties hereunder with wilful misconduct, misconduct in which case such costs and expenses shall be the responsibility performance of such Trustee or Trusteestheir dutieshereunder.

Appears in 1 contract

Samples: Agreement and Declaration of Trust

Costs of Suit. The To the extent allowed by law, the costs and expenses (including counsel fees) of any action, suit suit, or proceeding proceedings brought by or against the Trustees or any of them in respect of this Trust Agreement (including counsel fees) shall be paid from the Trust Fund, except in relation to costs and expenses of any action in matters as to which it shall be adjudged in such action, suit suit, or proceedings resulted from a proceeding that such Trustee or Trustees was acting in bad faith or being was grossly negligent or performing in the performance of his or their duties hereunder with wilful misconduct, in which case such costs and expenses shall be the responsibility of such Trustee or Trusteeshereunder.

Appears in 1 contract

Samples: Pension Trust Agreement

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Costs of Suit. The costs and expenses (including counsel fees) of any action, suit suit, or proceeding brought by or against the Board of Trustees or any of them in respect of this Trust Agreement Trustee or former Trustee (including counsel fees) shall be paid from the Trust Fund, except in relation to costs and expenses of any action in matters as to which it shall be adjudged in such action, suit suit, or proceedings resulted from a proceeding that the Board of Trustees or Trustee or Trustees former Trustee was acting in bad faith or being grossly negligent or performing his or with wilful misconduct in the performance of their duties hereunder with wilful misconduct, in which case such costs and expenses shall be the responsibility of such Trustee or Trusteeshereunder.

Appears in 1 contract

Samples: Agreement and Declaration of Trust

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