Common use of Liability for Actions Clause in Contracts

Liability for Actions. (a) No Member, Director/Manager or Officer/Manager shall be liable for any action taken on behalf of the Company or any failure to take any action if he performed the duties of his office in compliance with Section 1314 of the Act. A Member, Director/Manager or Officer/Manager shall account to the Company and hold as trustee for it any profit or benefit derived by him, without the informed consent of a majority of the uninterested Members in accordance with Section 1318(C) of the Act, from any transaction connected with the conduct or winding up of the Company or from any personal use by him of its property. (b) Notwithstanding the foregoing, no provision in this Operating Agreement or the Act shall limit or eliminate the liability of a Member, Director/Manager or Officer/Manager for the amount of a financial benefit received by such Member, Director/Manager or Officer/Manager to which he is not entitled or for an intentional violation of a criminal law.

Appears in 2 contracts

Samples: Operating Agreement and by Laws (Tidewater Marine Fleet, L.L.C.), Operating Agreement and by Laws (Tidewater Marine Fleet, L.L.C.)

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Liability for Actions. (a) No Member, Director/Manager or Officer/Manager shall be liable for any action taken on behalf of the Company or any failure to take any action if he performed the duties of his office in compliance with Section 1314 of the Act. A Member, Director/Manager or Officer/Manager shall account to the Company and hold as trustee for it any profit or benefit derived by him, without the informed consent of a majority of the uninterested Members in accordance with Section 1318(C131 8(C) of the Act, from any transaction connected with the conduct or winding up of the Company or from any personal use by him of its property. (b) Notwithstanding the foregoing, no provision in this Operating Agreement or the Act shall limit or eliminate the liability of a Member, Director/Manager or Officer/Manager for the amount of a financial benefit received by such Member, Director/Manager or Officer/Manager to which he is not entitled or for an intentional violation of a criminal law.

Appears in 1 contract

Samples: Operating Agreement (Tidewater Marine Fleet, L.L.C.)

Liability for Actions. (a) No Member, Director/Manager or Officer/Manager shall be liable for any action taken on behalf of the Company or any failure to take any action if he performed the duties of his office in compliance with Section 1314 of the Act. A Member, Director/Manager or Officer/Manager shall account to the Company and hold as trustee for it any profit or benefit derived by him, without the informed consent of a majority of the uninterested Members in accordance with Section 1318(C) of the Act, from any transaction connected with the conduct or winding up of the Company or from any personal use by him of its property. (b) Notwithstanding the foregoing, no provision in this Operating Agreement or the Act shall limit or or-eliminate the liability of a Member, Director/Manager or Officer/Manager for the amount of a financial benefit received by such Member, Director/Manager or Officer/Manager to which he is not entitled or for an intentional violation of a criminal law.

Appears in 1 contract

Samples: Operating Agreement (Tidewater Marine Fleet, L.L.C.)

Liability for Actions. (a) No Member, Director/Manager or Officer/Manager shall be liable for any action taken on behalf of the Company or any failure to take any action if he performed the duties of his office in compliance with Section 1314 of the Act. A Member, Director/Manager or Officer/Manager shall account to the Company and hold as trustee for it any profit or benefit derived by him, without the informed consent of a majority of the uninterested Members in accordance with Section 1318(C) of the Act, from any transaction connected with the conduct or winding up of the Company or from any personal use by him of its property. (b) Notwithstanding the β€˜foregoing, no provision in this Operating Agreement or the Act shall limit or eliminate the liability of a Member, Director/Manager or Officer/Manager for the amount of a financial benefit received by such Member, Director/Manager or Officer/Manager to which he is not entitled or for an intentional violation of a criminal law.

Appears in 1 contract

Samples: Operating Agreement (Tidewater Marine Fleet, L.L.C.)

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Liability for Actions. (a) No Member, Director/Manager or Officer/Manager shall be liable for any action taken on behalf of the Company or any failure to take any action if he performed the duties of his office in compliance with Section 1314 of the Act. A Member, Director/Manager or Officer/Manager shall account to the Company and and. hold as trustee for it any profit or benefit derived by him, without the informed consent of a majority of the uninterested Members in accordance with Section 1318(C) of the Act, from any transaction connected with the conduct or winding up of the Company or from any personal use by him of its property. (b) Notwithstanding the foregoing, no provision in this Operating Agreement or the Act shall limit or eliminate the liability of a Member, Director/Manager or Officer/Manager for the amount of a financial benefit received by such Member, Director/Manager or Officer/Manager to which he is not entitled or for an intentional violation of a criminal law.

Appears in 1 contract

Samples: Operating Agreement and by Laws (Tidewater Marine Fleet, L.L.C.)

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