Common use of EXPRESS EXCULPATORY CLAUSE IN INSTRUMENTS Clause in Contracts

EXPRESS EXCULPATORY CLAUSE IN INSTRUMENTS. As far as practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Trust Agreement to provide that neither the Holders nor the Trustee thereunder and that the other parties to such instrument shall look solely to the Trust Estate for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Unit Holders or any Trustee liable nor shall the Trustee be liable to anyone for such omission.