Common use of Non-Liability of Trustees and Others Clause in Contracts

Non-Liability of Trustees and Others. No Trustee, officer or employee of the Trust shall be liable to the Trust or to any Shareholder, Trustee, officer, employee, or agent thereof for any action or failure to act (including without limitation the failure to compel in any way any former or acting Trustee to redress any breach of trust), or for any error of judgment or mistake of fact or law, except for his own bad faith, willful misfeasance, gross negligence or reckless disregard of his duties.

Non-Liability of Trustees and Others. No Except as otherwise assumed by written agreement, no Trustee, officer officer, employee or employee agent of the Trust shall be liable to the Trust Trust, to its members, or to any Shareholdermember, Trustee, officer, employee, or agent thereof for any action or failure to act (including without limitation the failure to compel in any way any former or acting Trustee to redress any breach of trust), or for any error of judgment or mistake of fact or law, ) except for its, his or her own bad faith, willful misfeasance, gross negligence or reckless disregard of his duties.