Common use of Express Exculpatory Clauses in Instruments Clause in Contracts

Express Exculpatory Clauses in Instruments. To the extent practicable, the Managing Trustees shall make reasonable efforts to cause any written instrument creating an obligation of the Trust to include a reference to this Agreement, and to provide that neither the Beneficiary nor the Trustees or the officers of the Trust shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Estate for the payment of any claim thereunder or for the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiary or any Trustee or officer of the Trust liable nor shall the Trustees or any officer of the Trust be liable to anyone for such omission.

Appears in 4 contracts

Samples: Trust Agreement (American Materials Transport, Inc.), Trust Agreement (Txi Transportation Co), Trust Agreement (Txi Transportation Co)

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Express Exculpatory Clauses in Instruments. To the extent practicable, the Managing Trustees Trustee shall make reasonable efforts to cause any written instrument creating an obligation of the Trust to include a reference to this Agreement, and to provide that neither the Beneficiary Beneficial Owner nor the Trustees Trustee or the officers of the Trust shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Estate Property for the payment of any claim thereunder or for the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiary Beneficial Owner or any Trustee or officer of the Trust liable nor shall the Trustees Trustee or any officer of the Trust be liable to anyone for such omission.

Appears in 2 contracts

Samples: Trust Agreement (OHI Asset (CT) Lender, LLC), Trust Agreement (OHI Asset (CT) Lender, LLC)

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Express Exculpatory Clauses in Instruments. To the extent As far as practicable, the Managing Trustees shall make reasonable efforts to cause any written instrument creating an obligation of the Trust to include a reference to this Agreement, Declaration and to provide that neither the Beneficiary Shareholders nor the Trustees or nor the officers of the Trust shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Estate for the payment of any claim thereunder or for the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiary Shareholders or any Trustee or officer of the Trust liable nor shall the Trustees or any officer of the Trust be liable to anyone for such omission.

Appears in 1 contract

Samples: Mortgage & Realty Trust

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