Common use of Party acting as trustee Clause in Contracts

Party acting as trustee. If a party enters into this Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deed: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed on behalf of the trust and that this Deed s being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. If a party enters into this Deed Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed agreement in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The , the party warrants that at the date of this Deedagreement: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms term of the deed establishing the trust to enter into and be bound by this Deed agreement on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be created crated or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. If a party enters into this Deed document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deeddocument: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed document on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of of, or lien over over, the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. If a party enters into this Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deed: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed on behalf of the trust and that this Deed s being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. (a) If a party enters into this Deed document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deeddocument: (ai) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (bii) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed document on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (ciii) no restriction on the party’s right of indemnity out of of, or lien over over, the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets; and (iv) nothing in the deed establishing the trust limits the trustee’s ability to perform its obligations under this Agreement or the trustee’s liability under this Agreement.

Party acting as trustee. If a party enters into this Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deed: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed on behalf of the trust and that this Deed s is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. If a party enters into this Deed document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deeddocument: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed document on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of of, or lien over over, the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets. (d) Where more than one person is bound by this Agreement as the Developer any right that is capable of being exercised by the Developer under this Agreement may only be exercised by those persons jointly and each person who is a Developer may, at its absolute discretion, decline to exercise such a right.

Party acting as trustee. If a party enters into this Deed Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed Agreement in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this DeedAgreement: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed Agreement on behalf of the trust and that this Deed s Agreement is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of of, or lien over over, the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Party acting as trustee. If a party enters into this Deed document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deeddocument: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed document on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and; (c) no restriction on the party’s right of indemnity out of of, or lien over over, the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.; and (d) nothing in this Agreement establishing the trust limits the trustee’s ability to perform its obligations under this Agreement or the trustee’s liability under this Agreement.

Party acting as trustee. If a party enters into this Deed document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deeddocument: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed document on behalf of the trust and that this Deed s document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s 's assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s 's assets.

Party acting as trustee. If a party enters into this Deed Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed Agreement in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this DeedAgreement: (a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; (b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed Agreement on behalf of the trust and that this Deed s Agreement is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and (c) no restriction on the party’s right of indemnity out of or lien over the trust’s 's assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s 's assets.