Common use of Liability for Certain Acts Clause in Contracts

Liability for Certain Acts. The Administrator shall exercise its business judgment in managing the business operations and affairs of the Fund. Neither the Administrator nor the Organizer will be liable or obligated to the Members for any loss of investment or operations, or mistake of fact or judgement unless fraud, gross negligence, willful misconduct or a wrongful taking is proven by a court of competent jurisdiction. Neither the Administrator nor the Organizer guarantees, in any way, the return of any Member’s Capital Contribution or a profit for the Members from the operation of the Fund. Neither the Administrator nor the Organizer will incur any liability to the Fund or to any of the Members as a result of engaging in any other business or venture.

Appears in 5 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Liability for Certain Acts. The Administrator Manager shall exercise its business judgment in managing the business operations and affairs of the Fund. Neither the Administrator Manager nor the Organizer will be liable or obligated to the Members for any loss of investment or operations, or mistake of fact or judgement unless fraud, gross negligence, willful misconduct or a wrongful taking is proven by a court of competent jurisdiction. Neither the Administrator Manager nor the Organizer guarantees, in any way, the return of any Member’s Capital Contribution or a profit for the Members from the operation of the Fund. Neither the Administrator Manager nor the Organizer will incur any no liability to the Fund or to any of the Members as a result of engaging in any other business or venture.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

Liability for Certain Acts. The Administrator Manager shall exercise its business judgment in managing the business operations and affairs of the Fund. Neither the Administrator Manager nor the Organizer will be liable or obligated to the Members for any loss of investment or operations, or mistake of fact or judgement unless fraud, gross negligence, willful misconduct or a wrongful taking is proven by a court of competent jurisdiction. Neither the Administrator Manager nor the Organizer guarantees, in any way, the return of any Member’s 's Capital Contribution or a profit for the Members from the operation of the Fund. Neither the Administrator Manager nor the Organizer will incur any liability to the Fund or to any of the Members as a result of engaging in any other business or venture.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

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Liability for Certain Acts. The Administrator Manager shall exercise its business judgment in managing the business operations and affairs of the Fund. Neither the Administrator Manager nor the Organizer will be liable or obligated to the Members for any loss of investment or operations, or mistake of fact or judgement unless fraud, gross negligence, willful misconduct or a wrongful taking is proven by a court of competent jurisdiction. Neither the Administrator Manager nor the Organizer guarantees, in any way, the return of any Member’s 's Capital Contribution or a profit for the Members from the operation of the Fund. Neither the Administrator Manager nor the Organizer will incur any no liability to the Fund or to any of the Members as a result of engaging in any other business or venture.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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