Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 19 contracts
Samples: Limited Liability Company Operating Agreement (Wendy's Restaurants, LLC), Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.), Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.)
Duties and Liabilities of Covered Persons. 1(i) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 15 contracts
Samples: Operating Agreement (Hughes Water & Sewer, LTD), Operating Agreement (HSI IP, Inc.), Operating Agreement (Hughes MRO, Ltd.)
Duties and Liabilities of Covered Persons. 1(a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member parties hereto to replace such other duties and liabilities of such Covered Person.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Tribune Co), Limited Liability Company Agreement (Tribune Co), Limited Liability (Simon Arnold H)
Duties and Liabilities of Covered Persons. 1(a) To the extent that, at law or in equity, a any Covered Person has duties (including fiduciary duties) and liabilities relating related thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member Members to replace such other duties and liabilities of such Covered Person.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Grove Investors Capital Inc), Limited Liability Company Agreement (Grove Holdings Capital Inc), Limited Liability Company Agreement (National Crane Corp)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company LLC or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company LLC or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Trestle Transport, Inc.), Limited Liability Company Agreement (Trestle Transport, Inc.), Limited Liability Company Agreement (Trestle Transport, Inc.)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they expand or restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member parties hereto to replace such other duties and liabilities of such Covered Person.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Ashland Inc), Limited Liability Company Agreement (Marathon Oil Corp), Limited Liability Company Agreement (Marathon Oil Corp)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 5 contracts
Samples: Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.), Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.), Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his his, her or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equityincluding, are agreed by the Member to replace such other duties and liabilities of such Covered Personbut not limited to, Section 7.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Alaska Merger Acquisition Corp.), Limited Liability Company Agreement (Spectrum Brands Pet Group Inc.), Limited Liability Company Agreement (Spectrum Brands Pet Group Inc.)
Duties and Liabilities of Covered Persons. 1(i) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict or eliminate the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Worldwide Auto Parts, Inc.), Limited Liability Company Agreement (Birds Eye Foods LLC), Limited Liability Company Agreement (Mascoma Corp)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a the Covered Person otherwise existing at law or in equity, are agreed by the Member parties hereto to replace such other duties and liabilities of such Covered Person.
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement (Rhythm Holding Company, LLC), Operating Agreement (Rhythm Holding Company, LLC)
Duties and Liabilities of Covered Persons. 1(i) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.the
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Molten Metal Technology Inc /De/), Limited Liability Company Agreement (Molten Metal Technology Inc /De/)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member Parties hereto to replace such other duties and liabilities of such Covered Person.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Duties and Liabilities of Covered Persons. 1(a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member Members to replace such other duties and liabilities of such Covered Person.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Cleco Corp), Limited Liability Company Agreement (Cleco Corp)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a any Covered Person has duties (including fiduciary duties) and liabilities relating related thereto to the Company Partnership or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company Partnership or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member Partners to replace such other duties and liabilities of such Covered Person.
Appears in 2 contracts
Samples: Limited Partnership (Time Warner Cable Inc.), Limited Partnership (Time Warner Cable Inc.)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member parties hereto to replace such other duties and liabilities of such Covered Person.
Appears in 1 contract
Duties and Liabilities of Covered Persons. 1) To the extent that, at law Jaw or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company LLC or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company LLC or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 1 contract
Samples: Liability Company Agreement (Trestle Transport, Inc.)
Duties and Liabilities of Covered Persons. 1) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Ordinary Member to replace such other duties and liabilities of such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Wendy's of Denver, Inc.)
Duties and Liabilities of Covered Persons. 1) 17.2.1 To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any other Covered Person for his or her its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of such Covered Person.
Appears in 1 contract
