Common use of Liability of Trustee Clause in Contracts

Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or the Trust under this Declaration of Trust, except as otherwise set forth herein. The Trustee shall not be liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust or its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 6 contracts

Samples: Agreement and Declaration, Agreement and Declaration (World Gold Trust), Agreement and Declaration (World Gold Trust)

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Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, the Transfer Agent, or any other person, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or Sponsor, the Transfer Agent, the Trust or any other person under this Declaration of Trust, except as otherwise set forth hereinAgreement. The Trustee shall not be personally liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust or its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 3 contracts

Samples: Declaration of Trust   and   Trust Agreement (VanEck Ethereum ETF), Trust and Trust Agreement (VanEck Bitcoin Trust), Trust   and   Trust Agreement (VanEck Bitcoin Trust)

Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or the Trust under this Declaration of Trust, except as otherwise set forth hereinTrust Agreement. The Trustee shall not be liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust Agreement or its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Franklin Ethereum Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust)

Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or the Trust under this Declaration of Trust, except as otherwise set forth hereinAgreement. The Trustee shall not be personally liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust or its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 3 contracts

Samples: Trust and Trust Agreement (Bitwise Ethereum ETF), Trust and Trust Agreement (Bitwise Bitcoin ETF), Agreement and Declaration of Trust (Global Currency Gold Trust)

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Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or the Trust under this Declaration of TrustTrust Agreement, except as otherwise set forth herein. The Trustee shall not be liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust Agreement or its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Franklin Templeton Holdings Trust)

Liability of Trustee. The Trustee shall not be liable for the acts or omissions of the Sponsor, nor shall the Trustee be liable for supervising or monitoring the performance and the duties and obligations of the Sponsor or the Trust under this Declaration of Trust, except as otherwise set forth herein. The Trustee shall not be liable under any circumstances, except for a breach of its obligations pursuant to this Declaration of Trust or Trust, its own willful misconduct, bad faith or gross negligence. In particular, but not by way of limitation:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global Currency Gold Trust)

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