Common use of Reliance by Trustee Clause in Contracts

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountants, auditors or other experts shall be full and complete protection to the Trustee, the employees and the agents of the Trustee in respect of any action taken or omitted or suffered by them in good faith and in reliance on, or in accordance with, such advice or opinion. (c) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this Trust, and the Trustee shall have no obligation to satisfy any such liability. (d) As far as practicable and except as expressly permitted above, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 14 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii), Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Ii), Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Ii)

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Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 4 contracts

Samples: Liquidating Trust Agreement (All American Group Inc), Liquidating Trust Agreement (Shelbourne Properties Iii Inc), Liquidating Trust Agreement (Shelbourne Properties I Inc)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust Assets to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their its agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their its agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Genaera Corp), Liquidating Trust Agreement (Amv Liquidating Trust)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Trust Agreement (Fab Industries Inc)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountants, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this Trust, the Trust and the Trustee shall have no personal or individual obligation whatsoever to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust Assets to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents its agents, representative, advisors nor employees shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the TrusteeTrustee or its agents, representatives, advisors or their agents employees liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Xcorporeal, Inc.)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, it and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (T Reit Liquidating Trust)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliatehim, and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Mission West Properties Inc)

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Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliatehim, and the advice or opinion of such counsel, accountantsauditors, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them the Trustee in good faith and in the reliance on, or in accordance with, such advice or opinion. (cb) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this the Trust, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (dc) As far as practicable and except as expressly permitted abovereasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their his agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, Trustee or their his agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Advanced Switching Communications Inc)

Reliance by Trustee. Except as --------------------- otherwise provided in Section 7.1: (a) The Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (b) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee may be an affiliate, and the advice or opinion of such counsel, accountants, auditors or other experts shall be full and complete protection to the Trustee, the employees and the agents of the Trustee in respect of any action taken or omitted or suffered by them in good faith and in reliance on, or in accordance with, such advice or opinion. (c) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this Trust, and the Trustee shall have no obligation to satisfy any such liability. (d) As far as practicable and except as expressly permitted above, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee, or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Iii)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The the Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, order or other paper or document reasonably believed by it the Trustee to be genuine and to have been signed or presented by the proper party or parties. (b) The the Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which and pay the Trustee may be an affiliatecost of such consultation from the Trust Assets, and the advice or opinion of such counsel, accountants, auditors or other experts shall be full and complete personal protection to the Trustee, the employees Trustee and the agents of the Trustee Trust in respect of any action taken or omitted or suffered by them it in good faith and in reliance on, or in accordance with, such advice or opinion. (c) Persons persons dealing with the Trustee Trust shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee Trust to such Person person in carrying out the terms of this TrustAgreement, and the Trustee shall have no personal or individual obligation to satisfy any such liability. (d) As far as practicable and except as expressly permitted aboveto the extent practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the BeneficiariesBeneficiary, the Trustee Trustee, nor their agents shall be liable thereunder thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the BeneficiariesBeneficiary, the Trustee, or their agents liable, nor shall the Trustee be liable to anyone for such omission.

Appears in 1 contract

Samples: Trust Agreement (Guilford Mills Inc)

Reliance by Trustee. Except as otherwise provided in Section 7.1: (a) The Trustee may rely upon any decision of the Plan Administrator purporting to be made pursuant to the terms of the Plan, and upon any information, statements, certifications or directions submitted by the Employer or the Plan Administrator (including statements concerning the entitlement of any Participant to benefits under the Plan or directions to make payments), and will not be bound to inquire as to the basis of any such decision or information or statements, and will incur no obligation or liability for any action taken or omitted by the Trustee in reliance thereon. (b) Whenever the Trustee is permitted or required to act upon the instructions or directions of the Employer or Plan Administrator, the Trustee will be fully protected in not acting in the absence hereof. (c) The Trustee may conclusively rely upon and shall be protected in acting in good faith upon any resolution, certificate, statement, instrument, opinion, report, written representation or order from the Employer or the Plan Administrator or any other notice, request, consent, order, certificate or other instrument or paper or document believed by it the Trustee to be genuine and properly executed, or any instrument or paper if the Trustee believes the signature thereon to have been signed or presented by the proper party or partiesbe genuine. (bd) The Trustee may consult with legal counsel, auditors or other experts to be selected by it, including firms with which the Trustee counsel (who may be an affiliateor may not be counsel for the Employer) concerning any questions which may arise with respect to its rights and duties hereunder, and the advice or opinion of such counsel, accountants, auditors or other experts shall counsel will be full and complete protection to the Trustee, the employees and the agents of the Trustee in respect of any action taken or omitted or suffered by them the Trustee hereunder in good faith and in reliance on, or in accordance with, such advice or opinion. (c) Persons dealing with the Trustee shall look only to the Trust Assets to satisfy any liability relating to the Trust Assets incurred by the Trustee to such Person in carrying out the terms of this Trust, and the Trustee shall have no obligation to satisfy any such liability. (d) As far as practicable and except as expressly permitted above, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission opinion of such provision from any such instrument shall not render the Beneficiaries, the Trustee, or their agents liable, nor shall the Trustee be liable to anyone for such omissioncounsel.

Appears in 1 contract

Samples: Trust Agreement (Agilysys Inc)

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