Common use of Liabilities Held with Respect to a Particular Series Clause in Contracts

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to that Series and all expenses, costs, charges and reserves attributable to that Series, and any general liabilities of the Trust which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor in its sole discretion deems fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor in its sole discretion deems fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Sponsor shall be conclusive and binding upon the Unitholders of all Series for all purposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be required by contract to look, exclusively to the assets of that particular Series for payment of such credit, claim, or contract, and not any other Series or the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation. Subject to the right of the Sponsor in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets held with respect to such particular Series. Notice of this limitation on liabilities between and among Series is set forth in the Certificate of Trust, and by giving such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) are applicable to the Trust and each Series.

Liabilities Held with Respect to a Particular Series. The assets of the ----------------------------------------------------- Trust held with respect to each a particular Series shall be charged against the liabilities liabilities, debts, obligations, costs, charges, reserves and expenses of the Trust incurred, contracted for or otherwise existing with respect to such Series. Such liabilities, debts, obligations, costs, charges, reserves and expenses incurred, contracted for or otherwise existing with respect to a particular Series are herein referred to as "liabilities held with respect to to" that Series and all expensesSeries. Any liabilities, debts, obligations, costs, charges charges, reserves and reserves attributable to that Series, and any general liabilities expenses of the Trust which are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Sponsor Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Sponsor in its sole discretion deems fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves Board of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor Trustees in its sole discretion deems fair and equitable. Each allocation of liabilities, expensesdebts, obligations, costs, charges charges, reserves and reserves expenses by the Sponsor Board of Trustees shall be conclusive and binding upon the Unitholders Shareholders of all Series for all purposes. All Persons who have extended credit which that has been allocated to a particular Series, or who have a claim or contract which that has been allocated to any particular Series, shall look, and shall be required by contract to looklook exclusively, exclusively to the assets of that particular Series for payment of such credit, claim, or contract, and not any other Series or the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will shall be deemed nevertheless to have impliedly agreed to such limitation. Subject to the right of the Sponsor Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular that Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets held with respect to such particular Series. Notice of this limitation on liabilities between and among Series is shall be set forth in the Certificate of TrustTrust to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the DBTA, and by upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act DBTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) are shall become applicable to the Trust and each Series.

Liabilities Held with Respect to a Particular Series. The assets of All liabilities, expenses, costs, fees, charges and reserves incurred by or assumed by the Trust held with respect that are incurred on behalf of, or attributable to, a particular Series, and any interest, fees or penalties payable by the Trust due to each particular Series or arising from such liabilities, expenses, costs, fees, charges and reserves, in whatever form the same may be, shall irrevocably be charged against the liabilities of the Trust held with respect to that Series for all purposes and all shall be so recorded upon the books of account of the Trust. Such liabilities, expenses, costs, charges fees, charges, and reserves attributable to that Seriesreserves, and any general liabilities of interest, fees or penalties payable by the Trust which due to or arising from such liabilities, expenses, costs, fees, charges and reserves, in whatever form the same may be, so charged to a Series are herein referred to as "liabilities held with respect to" that Series. In the event that there are any liabilities, expenses, costs, fees, charges or reserves incurred by or assumed by the Trust, or interest, fees or penalties payable by the Trust due to or arising from such liabilities, expenses, costs, fees, charges or reserves, in whatever form the same may be, that are not readily identifiable as being liabilities held with respect to any particular Series (collectively, "General Liabilities"), the Trustees shall be allocated and charged by the Sponsor to and allocate such General Liabilities to, between or among any one or more of the Series in such manner and on such basis as the Sponsor Trustees, in its their sole discretion deems discretion, deem fair and equitable. The liabilities, expenses, costs, charges, and reserves any General Liabilities so charged allocated to a particular Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being shall thereupon be liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged that Series. Each such allocation by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor in its sole discretion deems fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Sponsor Trustees shall be conclusive and binding upon the Unitholders Holders of all Series for all purposespurposes in the absence of manifest error. All Persons who that have extended credit which that has been allocated to a particular Series, or who that have a claim or contract which that has been allocated to any particular Series, shall look, and shall be required by contract to looklook exclusively, exclusively to the assets of held with respect to that particular Series for payment of such credit, claim, or contract, and not any other Series or the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providerscontracting parties, each creditor, claimant and contract provider contracting party will be deemed nevertheless to have impliedly agreed to such limitationlimitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship. Subject to the right of the Sponsor Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets held with respect to such particular Series. Notice of this limitation on liabilities between and among Series is shall be set forth in the Certificate of TrustTrust of the Trust (whether originally or by amendment) as filed or to be filed in the office of the Secretary of State of the State of Delaware pursuant to the Act, and by upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) are shall become applicable to the Trust and each Series.

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to that Series and all expenses, costs, charges and reserves attributable to that Series, and any general liabilities of the Trust which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor in its sole discretion deems fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “"General Liabilities”") shall be allocated and charged by the Sponsor Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Sponsor Board of Trustees in its sole discretion deems fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Sponsor Trustees shall be conclusive and binding upon the Unitholders Shareholders of all Series for all purposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be required by contract to look, exclusively to the assets of that particular Series for payment of such credit, claim, or contract, and not any other Series or the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitationlimitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Sponsor Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets held with respect to such particular Series. Notice of this limitation on liabilities between and among Series is set forth in the Certificate of Trust, and by giving such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) are applicable to the Trust and each Series.