Common use of Obligations of the Depositary Clause in Contracts

Obligations of the Depositary. the Depositary’s Agents, the Registrar and the Company. Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company assumes any obligation or shall be subject to any liability under the Deposit Agreement or this Depositary Receipt to the holder hereof, other than for its gross negligence, willful misconduct or bad faith. Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to the Stock, the Depositary Shares or the Depositary Receipts that in its reasonable opinion may involve it in expense or liability, unless indemnity reasonably satisfactory to it against expense and liability be furnished as often as may be reasonably required. Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel, accountants, any holder of this Depositary Receipt or any other person believed by it in good faith to be competent to give such information.

Appears in 7 contracts

Samples: Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca)

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Obligations of the Depositary. the Depositary’s AgentsTHE DEPOSITARY'S AGENTS, the Registrar and the CompanyTHE REGISTRAR AND THE COMPANY. Neither the Depositary nor Depositary, any Depositary’s Agent nor the 's Agent, any Registrar nor the Company assumes any obligation or shall be subject to any liability under the this Deposit Agreement or this Depositary any Receipt to the holder hereof, holders of Receipts other than for its from acts or omissions arising out of conduct constituting bad faith, negligence (in the case of any action or inaction with respect to the voting of the deposited Preferred Shares), gross negligence, negligence or willful misconduct or bad faithin the performance of such duties as are specifically set forth in this Deposit Agreement. Neither the Depositary nor Depositary, any Depositary’s Agent nor the 's Agent, any Registrar nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with respect to the Stockdeposited Preferred Shares, the Depositary Shares or the Depositary Receipts that in its reasonable opinion may involve it in expense or liability, liability unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be reasonably required. Neither the Depositary nor any Depositary’s Agent nor the Registrar nor the Company will be liable for any action or failure to act by it in reliance upon the written advice of or information from legal counsel, accountants, any holder of this Depositary Receipt or any other person believed by it in good faith to be competent to give such information.

Appears in 1 contract

Samples: Deposit Agreement (Felcor Suite Hotels Inc)

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Obligations of the Depositary. the Depositary’s 's Agents, the Registrar Registrar, the Transfer Agent and the Company. Neither the Depositary nor any Depositary’s 's Agent nor the any Registrar nor any Transfer Agent nor the Company assumes any obligation or shall be subject to any liability under the this Deposit Agreement or this Depositary Receipt to the holder hereof, holders of Receipts other than for its gross negligence, negligence or willful misconduct or bad faithmisconduct. Neither the Depositary nor any Depositary’s 's Agent nor the any Registrar nor any Transfer Agent nor the Company shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding with in respect to of the Stock, the Depositary Shares or the Depositary Receipts that which in its reasonable opinion may involve it in expense or liability, liability unless indemnity reasonably satisfactory to it against all expense and liability be furnished as often as may be reasonably required. Neither the Depositary nor any Depositary’s 's Agent nor any Registrar nor any Transfer Agent nor the Registrar nor the Company will shall be liable for any action or any failure to act by it in reliance upon the written advice of or information from legal counsel, accountants, any holder of this Depositary Receipt or any other person believed by it in good faith to be competent to give such information.reliance

Appears in 1 contract

Samples: Deposit Agreement (Chase Manhattan Corp /De/)

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