Trustee Exculpation. When this Agreement is executed by the trustee of any trust, such execution is by the trustee, not individually but solely as trustee in the exercise of and under the power and authority conferred upon and invested in such trustee, and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on any such trustee personally to pay any amounts required to be paid hereunder or to perform any covenant, either express or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto by their execution hereof. Any liability of any party which is a trust under this Agreement shall be only that of such trust to the full extent of its trust estate and shall not be a personal liability of any trustee, grantor or beneficiary thereof.
Trustee Exculpation. Each trustee executing this Agreement is executing the same solely in his capacity as a trustee of one or more of the Hyatt Owning Trusts. All obligations and liabilities of any trustee executing this Agreement shall be satisfied solely out of the assets of the trust or trusts on whose behalf such trustee is executing this Agreement, and such trustee shall not be personally liable for the satisfaction of any of such obligations or liabilities as a result of his execution of this Agreement. [Signature Pages to Follow]
Trustee Exculpation. When this Agreement is executed on behalf of a member of the Family Group by the trustee of any trust, such execution is by the trustee, not individually but solely as trustee in the exercise of and under the power and authority conferred upon and invested in such trustee, and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on any such trustee personally to pay any amounts required to be paid hereunder, or to perform any covenant, either express or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto by their execution hereof. Any liability hereunder of any member of the Family Group which is a trust shall be only that of such trust to the full extent of its trust estate and shall not be a personal liability of any trustee, grantor or beneficiary thereof.
Trustee Exculpation. The execution of this Agreement by the trustees of the Gellein Trust, Xxxxx Trust and X. Xxxxxxx Trust is by such trustees, not individually, but solely in their capacities as trustees, and nothing contained herein shall be deemed to impose any personal liability on such trustees individually.
Trustee Exculpation. The execution of this Agreement by a trustee on behalf of a trust shall not create any liability of, or require performance of any covenant or agreement by the trustee individually, such liability being limited to the assets of the trust on behalf of which this Agreement is being executed by a trustee.
Trustee Exculpation. Notwithstanding any provision of this Agreement, the parties hereto acknowledge and agree that any Trustee who is a signatory to this Agreement is not acting in his, her or its individual capacity when signing on behalf of the Trust, but is acting solely as trustee of the Trust and any reference herein to Trustees shall be deemed to reference that Trustee solely in its capacity as trustee of the Trust and such Trustee shall not be liable personally to any other party for an actual or alleged breach of any provision contained this
Trustee Exculpation. This Mortgage is executed by LaSalle National Trust, N.A., not personally but as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee (and said LaSalle National Trust, N.A. hereby warrants that it possesses full power and authority to execute this instrument), and it is expressly understood and agreed that nothing herein or in the Secured Credit Documents contained shall be construed as creating any liability on LaSalle National Trust, N.A. personally to pay any amount due or to become due under any of the Secured Credit Documents, or to perform any covenant either express or implied therein or herein contained, all such personal liability, if any, being expressly waived by Mortgagee and by every person now or hereafter claiming any right or security hereunder, and that so far as LaSalle National Trust, N.A. personally is concerned, Mortgagee and the owner or owners of any indebtedness accruing hereunder or under the Secured Credit Documents shall look solely to the Collateral (including the Mortgage Estate, Rents and Personal Property described herein) and to other Persons liable for such indebtedness. [Remainder of page intentionally left blank.] 461 EXECUTED as of the day and year first above written. LASALLE NATIONAL TRUST, N.A., a national banking association, not personally but (1) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated JUNE 3, 1982 and known as TRUST NO. 104987, (2) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated FEBRUARY 15, 1983, and known as TRUST NO. 105958, (3) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated FEBRUARY 1, 1985 and known as TRUST NO. 108982, (4) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated DECEMBER 5, 1984 and known as TRUST NO. 109248, (5) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated MARCH 6, 1986 and known as TRUST NO. 110897, and (6) as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said bank in pursuance of a Trust Agreement dated FEBRUARY 15, 1985 and known...
Trustee Exculpation. The parties agree that except for fraudulent acts, willful misrepresentation or gross negligence, no trustee of Borrower shall have personal liability hereunder to Lender and any obligation of Borrower hereunder to Lender shall be satisfied solely from the assets of Borrower.
Trustee Exculpation. Buyer acknowledges that all trustees, co-trustees, special trustees (or their designees) (the “Trustees”) of the Sellers that are trusts (the “Seller Trusts”), are executing this Agreement on behalf of such trusts, (b) the Trustees have executed this Agreement solely as Trustees of the applicable Seller Trusts in the exercise of the power and authority conferred upon and vested in such Trustees pursuant to the applicable Seller Trusts, and (c) nothing in this Agreement shall be construed as creating any liability on any Trustee personally to perform or pay any express or implied covenant, condition or obligation of any Seller under this Agreement, including any indemnification obligation. Buyer, on its own behalf and on behalf of the Buyer Group (i) expressly waives all such personal liabilities of the Trustees, and (ii) affirms that it will not assert in any fashion any claim personally against any Trustee.
Trustee Exculpation. This Fourth Amendment is executed by American National Bank and Trust Company of Chicago, not personally but solely as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee (and American National Bank and Trust Company of Chicago hereby represents and warrants that it possesses full power and authority to execute this instrument). All the terms, provisions, stipulations, covenants and conditions to be performed hereunder (whether or not the same are expressed in terms of covenants, promises or agreements), are undertaken by it solely as Trustee, as aforesaid, and not individually, and no personal liability shall be asserted to be enforceable against Trustee by reason of any of the terms, provisions, stipulations, covenants and conditions contained herein.
