Common use of Liability of Sponsor Clause in Contracts

Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s Sponsor in the exercise of the powers and authority conferred and vested in it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; and (d) under no circumstances shall the Sponsor be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Franklin Ethereum Trust)

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Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s 's Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) except for those obligations expressly assumed by the Sponsor, under no circumstances shall the Sponsor be personally liable for the payment of any the Trust's indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Franklin Templeton Digital Holdings Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s Sponsor in the exercise of the powers and authority conferred and vested in it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; and (d) except for those obligations expressly assumed by the Sponsor, under no circumstances shall the Sponsor be personally liable for the payment of any the Trust’s indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Franklin Ethereum Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) under no circumstances shall the Sponsor be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Franklin Templeton Holdings Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties Parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust Customer that (a) this Agreement is executed and delivered on behalf of the Trust Customer by the Sponsor, not individually or personally, but solely as the Trust’s Company's Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust Customer are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Customer; (c) except for those with the exception of the obligations expressly assumed by the SponsorSponsor in Section 10.1 hereof, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust Customer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties Parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) under no circumstances shall the Sponsor be personally liable for the payment of any the Customer's indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust Customer under this Agreement or any other related document.

Appears in 1 contract

Samples: Custody Agreement (Franklin Templeton Digital Holdings Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) except for those obligations expressly assumed by the Sponsor, under no circumstances shall the Sponsor be personally liable for the payment of any the Trust’s indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Franklin Templeton Holdings Trust)

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Liability of Sponsor. It is expressly understood and agreed by the parties Parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust Customer that (a) this Agreement is executed and delivered on behalf of the Trust Customer by the Sponsor, not individually or personally, but solely as the TrustCompany’s Sponsor in the exercise of the powers and authority conferred and vested in it; (b) the representations, covenants, undertakings and agreements herein made by the Trust Customer are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Customer; (c) except for those with the exception of the obligations expressly assumed by the SponsorSponsor in Section 10.1 hereof, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust Customer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties Parties hereto and by any person claiming by, through or under the parties hereto; and (d) under no circumstances shall the Sponsor be personally liable for the payment of any the Customer’s indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust Customer under this Agreement or any other related document.

Appears in 1 contract

Samples: Custody Agreement (Franklin Ethereum Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties Parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust Customer that (a) this Agreement is executed and delivered on behalf of the Trust Customer by the Sponsor, not individually or personally, but solely as the TrustCompany’s Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust Customer are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Customer; (c) except for those with the exception of the obligations expressly assumed by the SponsorSponsor in Section 10.1 hereof, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust Customer either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties Parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) under no circumstances shall the Sponsor be personally liable for the payment of any the Customer’s indebtedness or expenses or be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust Customer under this Agreement or any other related document.

Appears in 1 contract

Samples: Custody Agreement (Franklin Templeton Holdings Trust)

Liability of Sponsor. It is expressly understood and agreed by the parties that the to the extent that the Agreement has been executed by the Sponsor on behalf of the Trust that (a) this Agreement is executed and delivered on behalf of the Trust by the Sponsor, not individually or personally, but solely as the Trust’s 's Sponsor in the exercise of the powers and authority conferred and vested in it; it; (b) the representations, covenants, undertakings and agreements herein made by the Trust are made and intended not as personal representations, undertakings and agreements by the Sponsor but are made and intended for the purpose of binding only the Trust; Trust; (c) except for those obligations expressly assumed by the Sponsor, nothing herein contained shall be construed as creating any liability on the Sponsor, individually or personally, to perform any covenant of the Trust either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto; hereto; and (d) under no circumstances shall the Sponsor be liable for the breach or failure of any obligation, duty, representation, warranty or covenant made or undertaken by the Trust under this Agreement or any other related document.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Franklin Templeton Digital Holdings Trust)

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