Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner or Depositor (including, without limitation, liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence or bad faith.
Appears in 20 contracts
Samples: Depositary Trust Agreement (Ishares Gold Trust), Depositary Trust Agreement (iShares Silver Trust), Depositary Trust Agreement (Ishares Gold Trust)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner or Depositor (including, without limitation, liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence gross negligence, willful misconduct or bad faith.
Appears in 15 contracts
Samples: Statutory Trust Agreement (ETFS Physical Base Metals Trust), Depositary Trust Agreement (ETFS Asian Gold Trust), Depositary Trust Agreement (ETFS White Metals Basket Trust)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner Owner, Beneficial Owner, Authorized Participant or Beneficial Owner or Depositor other Person (including, without limitation, including liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence gross negligence, willful misconduct or bad faith.
Appears in 11 contracts
Samples: Depositary Trust Agreement (GraniteShares Gold MiniBAR Trust), Depositary Trust Agreement (GraniteShares Platinum Trust), Depositary Trust Agreement (GraniteShares Platinum Trust)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner Owner, Authorized Participant or Depositor (including, without limitation, including liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence or bad faith.
Appears in 5 contracts
Samples: Trust Agreement (iSHARES COMMODITY OPTIMIZED TRUST), Trust Agreement (iShares Dow Jones-Ubs Roll Select Commodity Index Trust), Trust Agreement (iShares Dow Jones-Ubs Roll Select Commodity Index Trust)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner Owner, Beneficial Owner, Authorized Participant or Beneficial Owner or Depositor any other Person (including, without limitation, liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence or bad faith.
Appears in 4 contracts
Samples: Depositary Trust Agreement (iShares Gold Trust Micro), Depositary Trust Agreement (iShares Gold Trust Micro), Depositary Trust Agreement (iShares Gold Trust Micro)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Trust Agreement to any Registered Owner or Beneficial Owner Owner, Authorized Participant or Depositor (including, without limitation, including liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Trust Agreement without negligence or bad faith.
Appears in 3 contracts
Samples: Trust Agreement (iShares Dow Jones-Ubs Roll Select Commodity Index Trust), Trust Agreement (Ishares Diversified Alternatives Trust), Trust Agreement (Ishares Diversified Alternatives Trust)
Obligations of the Sponsor and the Trustee. (a) Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Trust Agreement to any Registered Owner or Beneficial Owner Owner, Authorized Participant or Depositor (including, without limitation, including liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Trust Agreement without negligence gross negligence, bad faith violation of the implied covenant of good faith and fair dealing or bad faithwillful misconduct.
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Obligations of the Sponsor and the Trustee. (a) Neither a)Neither the Sponsor nor the Trustee assumes any obligation nor shall either of them be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner or Depositor (including, without limitation, liability with respect to the worth of the Trust Property), except that each of them agrees to perform its obligations specifically set forth in this Agreement without negligence gross negligence, willful misconduct or bad faith.
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