Common use of Liability to Third Persons Clause in Contracts

Liability to Third Persons. No Beneficiary shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with the Trust Assets or the affairs of this Trust; and no Trustee, employee or agent of this Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with the Trust Assets or the affairs of this Trust, except for his own willful misconduct, knowingly and intentionally committed in bad faith; and all such other Persons shall look solely to the Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of this Trust. The Trustees shall, at all times, maintain insurance for the protection of the Trust Assets, its Beneficiaries, Trustees, employees and agents in such amount as the Trustees shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Microcap Liquidating Trust), Liquidating Trust Agreement (Microcap Fund Inc)

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Liability to Third Persons. No Neither any Beneficiary nor Toys shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with the Trust Assets or the affairs of this Trust; and no Trustee, employee or agent of this Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with the Trust Assets or the affairs of this Trust, except for his own willful misconduct, knowingly and intentionally committed in bad faith; and all such other Persons shall look solely to the Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of this Trust. The Trustees shall, at all times, maintain insurance for the protection of the Trust Assets, its Beneficiaries, Trustees, employees and agents in such amount as the Trustees shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Petrie Stores Corp)

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Liability to Third Persons. No Beneficiary shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person person in connection with the Trust Assets Estate or the affairs of this the Trust; , and no Trustee, employee Trustee or agent of this the Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person person in connection with the Trust Assets Estate or the affairs of this Trust, except for his its own recklessness or its own intentional or willful misconduct, knowingly and intentionally committed wanton misconduct resulting in bad faithpersonal gain; and all such other Persons persons shall look solely to the Trust Assets Estate for satisfaction of claims of any nature arising in connection with the affairs of this the Trust. The Trustees shallNotwithstanding the foregoing, at all times, maintain insurance for nothing contained herein shall in any way be deemed to limit or prejudice the protection of the Trust Assets, its Beneficiaries, Trustees, employees and agents in such amount as the Trustees shall deem adequate Trustee's right to cover all foreseeable liability to the extent available at reasonable ratespursue any Claim against any Beneficiary.

Appears in 1 contract

Samples: Litigation Trust Agreement (Ets Payphones Inc)

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