Common use of Liability of Independent Committee Members Clause in Contracts

Liability of Independent Committee Members. Except as otherwise provided in this Article V, in being appointed an Independent Committee Member pursuant to the Manager LLC Agreement or Section 5.2, each Independent Committee Member acts solely as an Independent Committee Member hereunder and not in his or her individual capacity, and all Persons having any claim against an Independent Committee Member by reason of the transactions contemplated by this Trust Agreement and any other agreement to which the Trust is a party shall look only to the Trust Estate for payment or satisfaction thereof. An Independent Committee Member shall not be liable or accountable hereunder to the Trust or to any other Person or under any other agreement to which the Trust is a party, except for his or her own actual fraud or willful misconduct. In particular, but not by way of limitation:

Liability of Independent Committee Members. Except as otherwise provided in this Article V, in being appointed an Independent Committee Member pursuant to the Manager LLC Agreement Section 5.1 or Section 5.2, each Independent Committee Member acts solely as an Independent Committee Member hereunder and not in his or her individual capacity, and all Persons having any claim against an Independent Committee Member by reason of the transactions contemplated by this Trust Agreement and any other agreement to which the Trust is a party shall look only to the Trust Estate for payment or satisfaction thereof. An Independent Committee Member shall not be liable or accountable hereunder to the Trust or to any other Person or under any other agreement to which the Trust is a party, except for his or her own actual fraud or willful misconduct. In particular, but not by way of limitation: