LIABILITY FOR WILLFUL MISCONDUCT. The Trustee shall not be liable for any error of judgment or mistake of fact or law, or for any act or omission undertaken in good faith in connection with his powers and duties under this Agreement, except for his own willful misconduct or gross negligence. The Trustee shall not be liable for acts or omissions of any employee or agent of the Company. The Trustee shall not be liable for acting in reliance on any notice, request, consent, certificate, instruction, or other paper or document or signature believed to be genuine and to have been signed by the proper party or parties. The Trustee may consult with legal and other counsel of his choosing, and any act or omission undertaken by the Trustee in good faith in accordance with the opinion of legal or other counsel shall be binding and conclusive on the parties to this Agreement.
Appears in 13 contracts
Samples: Voting Trust Agreement (Kaplan Thomas Scott), Voting Trust Agreement (Apex Silver Mines LTD), Voting Trust Agreement (Ryan Michael P)