Common use of Limitation on Liability to Third Persons Clause in Contracts

Limitation on 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 the Trust; and neither the Managing Trustee nor any employee or agent of the Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with any Trust Assets or the affairs of the Trust, except for such Person’s own willful misconduct, knowingly and intentionally committed in bad faith; and all such other Persons shall look solely to any Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Managing Trustee shall purchase and maintain insurance as it deems reasonably necessary for the protection of all Trust Assets, its Beneficiaries, the Trustee and its employees and agents in such amount as the Managing Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 14 contracts

Samples: Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.), Liquidating Trust Agreement (ICON ECI Fund Sixteen), Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.)

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Limitation on 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 the this Trust; and neither the Managing Trustee nor any employee or agent of the this Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with any Trust Assets or the affairs of the this Trust, except for such Person’s own willful misconduct, knowingly and intentionally committed in bad faith; and all such other Persons shall look solely to any Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the this Trust. The Managing Trustee shall purchase and shall, at all times, maintain insurance as it deems reasonably necessary for the protection of all Trust Assets, its Beneficiaries, the Trustee and its employees and agents in such amount as the Managing Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 14 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund), Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iv)

Limitation on Liability to Third Persons. No Beneficiary shall be subject to any personal liability whatsoever, in tort, contract contract, or otherwise, to any Person in connection with the Trust Assets or the affairs of the Trust; , and neither the Managing Trustee Trustee, nor any employee or agent of the Trust shall be subject to any personal liability whatsoever, whatsoever in tort, contract contract, or otherwise, to any Beneficiary or any other Person in connection with any the Trust Assets or the affairs of the Trust, except for such Person’s own gross negligence, fraud or willful misconduct, misconduct knowingly and intentionally committed in bad faithfaith by such Trustee, employee or agent of the Trust; and all such other Persons shall look solely to any the Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Managing Trustee shall purchase and shall, at all times, at the expense of the Trust, maintain insurance as it deems reasonably necessary for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its Trustee, employees and agents in such amount as the Managing Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Amv Liquidating Trust), Liquidating Trust Agreement (Genaera Corp)

Limitation on Liability to Third Persons. No Beneficiary shall be subject to any personal liability whatsoever, in tort, contract contract, or otherwise, to any Person in connection with the Trust Assets or the affairs of the Trust; , and neither the Managing Trustee nor any no Trustee, employee or agent of the Trust shall be subject to any personal liability whatsoever, whatsoever in tort, contract contract, or otherwise, to any Beneficiary or any other Person in connection with any the Trust Assets or the affairs of the Trust, except for such Person’s own gross negligence, fraud or willful misconduct, misconduct knowingly and intentionally committed in bad faithfaith by such Trustee, employee or agent of the Trust; and all such other Persons shall look solely to any the Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Managing Trustee shall purchase and may, in his sole discretion, at the expense of the Trust, maintain insurance as it deems reasonably necessary for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its any employees and agents in such amount as the Managing Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Advanced Switching Communications Inc)

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Limitation on Liability to Third Persons. No Beneficiary shall be subject to any personal liability whatsoever, in tort, contract contract, or otherwise, to any Person in connection with the Trust Assets or the affairs of the Trust; , and neither the Managing Trustee nor any no Trustee, employee or agent of the Trust shall be subject to any personal liability whatsoever, whatsoever in tort, contract contract, or otherwise, to any Beneficiary or any other Person in connection with any the Trust Assets or the affairs of the Trust, except for such Person’s own gross negligence, fraud or willful misconduct, misconduct knowingly and intentionally committed in bad faithfaith by such Trustee, employee or agent of the Trust; and all such other Persons shall look solely to any the Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the Trust. The Managing Trustee shall purchase and Trustees shall, at all times, at the expense of the Trust, maintain insurance as it deems reasonably necessary for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its Trustees, employees and agents in such amount as the Managing Trustee Trustees shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 1 contract

Samples: Liquidating Trust Agreement (BPP Liquidating Trust)

Limitation on 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 the this Trust; and neither the Managing Trustee nor any employee or agent of the this Trust shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any Person in connection with any Trust Assets or the affairs of the this Trust, except for such Person’s 's own willful misconduct, knowingly and intentionally committed in bad faith; and all such other Persons shall look solely to any Trust Assets for satisfaction of claims of any nature arising in connection with the affairs of the this Trust. The Managing Trustee shall purchase and shall, at all times, maintain insurance as it deems reasonably necessary for the protection of all Trust Assets, its Beneficiaries, the Trustee and its employees and agents in such amount as the Managing Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.

Appears in 1 contract

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Iii)

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