Common use of Limitation of Trustee's Liability Clause in Contracts

Limitation of Trustee's Liability. In no event shall the Trustee have any liability to the Company or any other Person for investing the funds from time to time in the Escrow Account in accordance with the provisions of this Article 2, regardless of whether greater income or a higher yield could have been obtained had the Trustee invested such funds in different Government Securities or for any loss (including breakage costs or loss of principal) associated with the sale or liquidation of Government Securities in accordance with the terms of this Agreement, in each case other than with respect to gross negligence or willful misconduct of the Trustee.

Appears in 2 contracts

Samples: Proceeds Pledge and Escrow Agreement (Iat Multimedia Inc), Proceeds Pledge and Escrow Agreement (Iat Multimedia Inc)

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Limitation of Trustee's Liability. In no event shall the Trustee have any liability to the Company or any other Person for investing the funds from time to time in the Escrow Restricted Cash Account in accordance with the provisions of this Article 2, regardless of whether greater income or a higher yield could have been obtained had the Trustee invested such funds in different Government Securities Securities, or for any loss (including breakage costs or loss of principal) associated with the sale or liquidation of Government Securities in accordance with the terms of this Agreement, in each case other than with respect to gross negligence or willful misconduct of the Trustee.

Appears in 1 contract

Samples: Escrow and Disbursement Agreement (Premier Parks Inc)

Limitation of Trustee's Liability. In no event shall the Trustee have any liability to the Company or any other Person for investing the funds from time to time in the Escrow Account in accordance with the provisions of this Article 2, regardless of whether greater income or a higher yield could have been obtained had the Trustee invested such funds in different Government Securities Allowable Investments, or for any loss (including breakage costs or loss of principal) associated with the sale or liquidation of Government Securities Allowable Investments in accordance with the terms of this Agreement, in each case other than with respect to gross negligence or willful misconduct of the Trustee.

Appears in 1 contract

Samples: Proceeds Pledge and Escrow Agreement (Interamericas Communications Corp)

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Limitation of Trustee's Liability. In no event shall the Trustee have any liability to the Company or any other Person for investing the funds from time to time in the Escrow Account in accordance with the provisions of this Article 2, regardless of whether greater income or a higher yield could have been obtained had the Trustee invested such funds in different Government Securities Securities, or for any loss (including breakage costs or loss of principal) associated with the sale or liquidation of Government Securities in accordance with the terms of this Agreement, in each case other than with respect to gross negligence or willful misconduct of the Trustee.

Appears in 1 contract

Samples: Escrow and Disbursement Agreement (Premier Parks Inc)

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