Common use of Liability of Depositor and Indemnification Clause in Contracts

Liability of Depositor and Indemnification. (a) The Depositor shall not be under any liability to any Trust Fund or the Unitholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any Bonds, provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty or obligation to any Unitholder, the Evaluator or the Trustee other than as expressly provided for herein.

Appears in 3 contracts

Samples: Voyageur Unit Investment Trust Series 10, Voyageur Tax Exempt Trust Series 10, Voyageur Tax Exempt Trust Series 5

AutoNDA by SimpleDocs

Liability of Depositor and Indemnification. (a) The Depositor shall not be under any liability to any Trust Fund or the Unitholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty or obligation to any Unitholder, the Evaluator or the Trustee other than as expressly provided for herein.

Appears in 2 contracts

Samples: Nuveen Unit Trusts Series 104, Nuveen Unit Trusts Series 103

Liability of Depositor and Indemnification. (a) The Depositor shall not be under any liability to any Trust Fund or the Unitholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, providedPROVIDED, howeverHOWEVER, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty or obligation to any Unitholder, the Evaluator or the Trustee other than as expressly provided for herein.

Appears in 2 contracts

Samples: Voyageur Unit Investment Trust Series 9, Voyageur Unit Investment Trust Series 4

Liability of Depositor and Indemnification. (a) The ------------------------------------------ Depositor shall not be under any no liability to any the Trust Fund or the Unitholders for any action taken or for refraining from the taking of any action in good faith pursuant to this AgreementIndenture, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator counsel or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty duty, or obligation to any Unitholder, the Evaluator Unitholder or the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Equity Securities Trust Series 26 Equits Ii)

Liability of Depositor and Indemnification. (a) The Depositor shall not be under any liability to any Trust Fund or the Unitholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty or obligation to any Unitholder, the Evaluator or the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 4

AutoNDA by SimpleDocs

Liability of Depositor and Indemnification. (a) The No Depositor shall not be under any liability to any other Depositor, the Trust Fund or the Unitholders Unit Holders for any action taken or for refraining from the taking of any action in good faith pursuant to this AgreementIndenture, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, provided, however, that this provision shall not protect the Depositor against any liability to which it they would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its their duties or by reason of its their reckless disregard of its their obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it them by the Trustee, the Trustee's counsel, the Evaluator counsel or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty duty, or obligation to any Unitholder, the Evaluator Unit Holder or the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Quilts Equity Strategic Ten Series 1)

Liability of Depositor and Indemnification. (a) The Depositor shall not be under any no liability to any the Trust Fund or the Unitholders Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this AgreementIndenture, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any BondsSecurities, provided, however, that this provision shall not protect the Depositor against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. The Depositor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel, the Evaluator counsel or any other person for any matters arising hereunder. The Depositor shall in no event be deemed to have assumed or incurred any liability, duty duty, or obligation to any Unitholder, the Evaluator Certificateholder or the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Indenture and Agreement (Equity Securities Trust Series 6)

Time is Money Join Law Insider Premium to draft better contracts faster.