Common use of Fiduciary Duties; Discretion Clause in Contracts

Fiduciary Duties; Discretion. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the venture or to any Participant, such Covered Person acting under this Agreement is not liable to the venture or to any Participant for 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 parties hereto to replace such other duties and liabilities of such Covered Person.

Appears in 3 contracts

Samples: Agreement (Greenlight Capital Re, Ltd.), Amended and Restated Agreement (Greenlight Capital Re, Ltd.), Agreement (Greenlight Capital Re, Ltd.)

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Fiduciary Duties; Discretion. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the venture Venture or to any Participant, such Covered Person acting under this Agreement is not liable to the venture Venture or to any Participant for 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 parties hereto to replace such other duties and liabilities of such Covered Person.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Greenlight Capital Re, Ltd.), Investment Advisory Agreement (Greenlight Capital Re, Ltd.)

Fiduciary Duties; Discretion. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the venture Partnership or to any ParticipantPartner, such Covered Person acting under this Agreement is not liable to the venture Partnership or to any Participant Partner for 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 parties hereto to replace such other duties and liabilities of such Covered Person.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Greenlight Capital Re, Ltd.), Value Partners LTD /Tx/

Fiduciary Duties; Discretion. (ae) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the venture or to any Participant, such Covered Person acting under this Agreement is not liable to the venture or to any Participant for 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 parties hereto to replace such other duties and liabilities of such Covered Person.

Appears in 1 contract

Samples: Agreement (Greenlight Capital Re, Ltd.)

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Fiduciary Duties; Discretion. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the venture Client or to any Participantthe management of the Collateral Assets, such Covered Person acting under this Agreement is not liable to the venture or to any Participant Client for 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 parties hereto to replace such other duties and liabilities of such Covered Person.

Appears in 1 contract

Samples: Collateral Assets Investment Management Agreement (Greenlight Capital Re, Ltd.)

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