Common use of NONLIABILITY OF TRUSTEE FOR ACTS OF PREDECESSORS Clause in Contracts

NONLIABILITY OF TRUSTEE FOR ACTS OF PREDECESSORS. Any successor Trustee may accept and rely upon any accounting made by or on behalf of any predecessor Trustee hereunder, and any statement or representation made as to the assets comprising the Trust Fund or as to any other fact bearing upon the prior administration of the Trust. A Trustee shall not be liable for having accepted and relied upon such accounting, statement or representation if it is later proved to be incomplete, inaccurate or untrue. A Trustee or successor Trustee shall not be liable for any act or omission of any predecessor Trustee, nor have a duty to enforce any claims against any predecessor Trustee on account of any such act or omission.

Appears in 3 contracts

Samples: Trust Agreement (Rhythms Net Connections Inc), Trust Agreement (Rhythms Net Connections Inc), Indemnification Agreement (Loomis Fargo & Co)

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NONLIABILITY OF TRUSTEE FOR ACTS OF PREDECESSORS. Any successor Trustee may accept and rely upon any accounting made by or on behalf of any predecessor Trustee hereunder, and any statement or representation made as to the assets comprising the Trust Fund Assets or as to any other fact bearing upon the prior administration of the Trust, unless the successor Trustee believes such accounting, statement or representation to be untrue. A Trustee shall not be liable for having accepted and relied upon such accounting, statement or representation if it is later proved to be incomplete, inaccurate or untrue. A Trustee or successor Trustee shall not be liable for any act or omission of any predecessor Trustee, nor have a duty to enforce any claims against any predecessor Trustee on account of any such act or omission.

Appears in 2 contracts

Samples: Preferred Equity Trust Agreement (Enron Corp/Or/), Common Equity Trust Agreement (Enron Corp/Or/)

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