Common use of Party acting as trustee Clause in Contracts

Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this 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 agreement: (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 term of the deed establishing the trust to enter into and be bound by this agreement on behalf of the trust and that this 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; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be crated or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 3 contracts

Samples: Community Benefit Planning Agreement, Community Benefit Planning Agreement, Community Benefit Planning Agreement

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Party acting as trustee. If a party enters into this Agreement Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement Deed 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 agreementDeed: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement Deed on behalf of the trust and that this document is 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 crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 3 contracts

Samples: Planning Agreement, Planning Agreement, Planning Agreement

Party acting as trustee. (a) If a party enters into this Agreement document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement document 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 agreementdocument: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement document on behalf of the trust and that this 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 crated 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.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Party acting as trustee. If a party enters into this Agreement document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement document 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 agreementdocument: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement document on behalf of the trust and that this 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 crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Party acting as trustee. If a party enters into this Agreement Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement Deed 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 agreementDeed: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement Deed on behalf of the trust and that this document Deed 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 crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 2 contracts

Samples: Planning Agreement, Voluntary Planning Agreement

Party acting as trustee. If a party enters into this Agreement Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement Deed 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 agreementDeed: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement Deed on behalf of the trust and that this document is 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; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Party acting as trustee. If a party enters into this Agreement document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement document 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 agreementdocument: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement document on behalf of the trust and that this 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; (c) no restriction on the party’s right of indemnity out of or lien over the trust’s 's assets exists or will be crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s 's assets.

Appears in 1 contract

Samples: Works in Kind Agreement

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Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement 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 agreementAgreement: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement Agreement on behalf of the trust and that this document 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 crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement 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 agreementAgreement: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement Agreement on behalf of the trust and that this document 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 crated created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s 's assets.

Appears in 1 contract

Samples: Services Agreement

Party acting as trustee. If a party enters into this Agreement document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement document 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 agreementdocument: (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 term terms of the deed establishing the trust to enter into and be bound by this agreement document on behalf of the trust and that this 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; (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 crated 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.

Appears in 1 contract

Samples: Planning Agreement

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