Indemnification of the Manager and the Members. The Manager or a Member shall not be subject to any liability to the Company for the doing of any act or the failure to do any act authorized herein, provided it was performed in good faith to promote the best interests of the Company, including any liability, without limitation, of any Manager, Member, officer, employee, or agent of the Company, against judgments, settlements, penalties, fines, or expenses of any kind (including attorneys’ fees and costs) incurred as a result of acting in that capacity. Nothing in this section shall be construed to affect the liability of a Member of the Company (1) to third parties for the Member's participation in tortious conduct, or (2) pursuant to the terms of a written guarantee or other contractual obligation entered into by the Member (such as a loan guarantee, etc.).
Appears in 34 contracts
Samples: Amended Operating Agreement (Holiday Lifestyle Fund I), Operating Agreement (Cardone Equity Fund IX, LLC), Operating Agreement (HIS Capital Fund III, LLC)
Indemnification of the Manager and the Members. The Manager or a Member shall not be subject to any liability to the Company for the doing of any such act or the failure to do any act authorized herein, provided it was performed in good faith to promote the best interests of the Company, including any liability, without limitation, of any Manager, Member, officer, employee, employee or agent of the Company, against judgments, settlements, penalties, fines, or expenses of any kind (including attorneys’ attorneys fees and costs) incurred as a result of acting in that capacity. Nothing in this section shall be construed to affect the liability of a Member of the Company (1) to third parties for the Member's Members participation in tortious conduct, or (2) pursuant to the terms of a written guarantee or other contractual obligation entered into by the Member (such as a loan guarantee, etc.).
Appears in 8 contracts
Samples: Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC), Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC), Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC)
Indemnification of the Manager and the Members. The Manager or a Member shall not be subject to any liability to the Company for the doing of any act or the failure to do any act authorized herein, provided it was performed in good faith to promote the best interests of the Company, including any liability, without limitation, of any Manager, Member, officer, employee, or agent of the Company, against judgments, settlements, penalties, fines, or expenses of any kind (including attorneys’ fees and costs) incurred as a result of acting in that capacity. Nothing in this section shall be construed to affect the liability of a Member of the Company (1) to third parties for the Member's ’s participation in tortious conduct, or (2) pursuant to the terms of a written guarantee or other contractual obligation entered into by the Member (such as a loan guarantee, etc.).
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Mission First Capital LLC), Limited Liabiltiy Company Agreement (Mission First Capital LLC), Limited Liabiltiy Company Agreement (Mission First Capital LLC)