Common use of Shareholder Waiver, Release and Indemnity Clause in Contracts

Shareholder Waiver, Release and Indemnity. 3.8.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, and assigns from any liability whatsoever arising out of or in connection with the exercise of their powers or the performance of his or her duties hereunder including, without limitation, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee. 3.8.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 7 contracts

Samples: Trust Declaration and Voting Trust Agreement (Boxabl Inc.), Trust Declaration and Voting Trust Agreement, Trust Declaration and Voting Trust Agreement

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Shareholder Waiver, Release and Indemnity. 3.8.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, his or her successors and assigns from any liability whatsoever arising out of or in connection with the exercise of their his or her powers or the performance of his or her duties hereunder including, without limitationin particular, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee. 3.8.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, liability or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 3 contracts

Samples: Trust Declaration and Voting Trust Agreement, Trust Declaration and Voting Trust Agreement, Trust Declaration and Voting Trust Agreement

Shareholder Waiver, Release and Indemnity. 3.8.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, and assigns from any liability whatsoever arising out of or in connection with the exercise of their powers or the performance of his or her duties hereunder including, without limitation, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee.. FORM - DO NOT COPY 3.8.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 2 contracts

Samples: Voting Trust Agreement, Voting Trust Agreement

Shareholder Waiver, Release and Indemnity. 3.8.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding Shareholders and will have no fiduciary duty to any principle of law to the contrary, and each Shareholder. Each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, his or her successors and assigns from any liability whatsoever arising out of or in connection with the exercise of their his or her powers or the performance of his or her duties hereunder including, without limitationin particular, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee. 3.8.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, liability or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 1 contract

Samples: Trust Declaration and Voting Trust Agreement

Shareholder Waiver, Release and Indemnity. FOR REVIEW 3.8.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, and assigns from any liability whatsoever arising out of or in connection with the exercise of their powers or the performance of his or her duties hereunder including, without limitation, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee.. ONLY 3.8.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 1 contract

Samples: Voting Trust Agreement

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Shareholder Waiver, Release and Indemnity. 3.8.1 3.9.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, and assigns from any liability whatsoever arising out of or in connection with the exercise of their powers or the performance of his or her duties hereunder including, without limitation, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee. 3.8.2 3.9.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 1 contract

Samples: Trust Declaration and Voting Trust Agreement

Shareholder Waiver, Release and Indemnity. 3.8.1 REVIEW ONLY 3.9.1 The Shareholders acknowledge and agree that the Voting Trustee will have no obligation to act in the best interests of the Shareholders, notwithstanding any principle of law to the contrary, and each Shareholder waives any and all claims of every kind and nature which the Shareholder may have against the Voting Trustee in the capacity of trustee of the trust created by this Agreement, and releases and agrees to release the Voting Trustee and its successors, appointees, and assigns from any liability whatsoever arising out of or in connection with the exercise of their powers or the performance of his or her duties hereunder including, without limitation, voting the Deposited Shares as a class, except the wilful misconduct or gross negligence of the Voting Trustee. 3.8.2 3.9.2 Each Shareholder agrees to hold the Voting Trustee harmless and indemnify the Voting Trustee, with respect to any and all loss, claims, damage, liability, or expense (including reasonable legal fees) which the Voting Trustee may sustain as a result of any action taken in good faith by the Voting Trustee unless such loss resulted from the willful misconduct or gross negligence of the Voting Trustee in performing his or her obligations hereunder.

Appears in 1 contract

Samples: Voting Trust Agreement

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