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 this Trust; and neither the Trustee nor any 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 any Trust Assets or the affairs of 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 this Trust. The Trustee shall, at all times, maintain insurance for the protection of all Trust Assets, its Beneficiaries, the Trustee and its employees and agents in such amount as the Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.
Appears in 14 contracts
Samples: Liquidating Trust Agreement (Professional Lease Management Income Fund I LLC), Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Ii), Liquidating Trust Agreement (PLM Equipment Growth Fund Vi)
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 this the Trust; and neither the Managing Trustee nor any employee or agent of this 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 this 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 this the Trust. The Managing Trustee shall, at all times, 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 Equipment & Corporate Infrastructure Fund Fourteen, L.P.), Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.), Liquidating Trust Agreement (ICON ECI Fund Sixteen)
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 this the Trust; , and neither the Trustee Trustee, nor any employee or agent of this 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 this 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 this the Trust. The Trustee shall, at all times, at the expense of the Trust, maintain insurance for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its Trustee, employees and agents in such amount as the Trustee shall deem adequate to cover all foreseeable liability to the extent available at reasonable rates.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (Genaera Corp), Liquidating Trust Agreement (Amv 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 this Trust; and neither the Trustee nor any 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 any Trust Assets or the affairs of 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 this Trust. The Trustee shall, at all times, maintain insurance for the protection of all Trust Assets, its Beneficiaries, the Trustee and its employees and agents in such amount as the 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)
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 this the Trust; , and neither the Trustee nor any no Trustee, employee or agent of this 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 this 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 this the Trust. The Trustee shallmay, in his sole discretion, at all timesthe expense of the Trust, maintain insurance for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its any employees and agents in such amount as the 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)
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 this the Trust; , and neither the Trustee nor any no Trustee, employee or agent of this 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 this 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 this the Trust. The Trustee Trustees shall, at all times, at the expense of the Trust, maintain insurance for the protection of all the Trust Assets, its Beneficiaries, the Trustee and its Trustees, employees and agents in such amount as the 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)