Trustee Liable for Negligence. Section 1 of the Trustee Act 2000 shall not apply to any function of the Trustee, provided that if the Trustee fails to show the degree of care and diligence required of it as trustee, nothing in this Trust Deed shall relieve or indemnify it from or against any liability which would otherwise attach to it in respect of any negligence, default, breach of duty or breach of trust of which it may be guilty.
Trustee Liable for Negligence. Subject to section 750 of the Companies Act 2006, nothing in this Trust Deed shall in any case in which the Trustee has failed to show the degree of care and diligence required of it as trustee, having regard to the provisions of this Trust Deed conferring on it any trusts, powers, authorities or discretions, relieve or indemnify it from or against any liability which would otherwise attach to it in respect of any negligence, default, breach of duty or breach of trust of which it may be guilty.
Trustee Liable for Negligence. Nothing in this Trust Deed shall in any case in which the Trustee has failed to show the degree of care and diligence required of it as trustee having regard to the provisions of this Trust Deed conferring on it any trusts, powers, authorities or discretions, relieve or indemnify it from or against any liability which by virtue of any rule of law would otherwise attach to it in respect of any gross negligence, bad faith or wilful default, of which it or its officers and employees may be guilty in relation to its duties under this Trust Deed.
Trustee Liable for Negligence. Section 1 of the Trustee Act 2000 shall not apply to any function of the Trustee, provided that if the Trustee fails to show the degree of care and diligence required of it as trustee, having regard to the provisions of this Trust Deed, nothing in this Trust Deed shall relieve or indemnify it from or against any liability that would otherwise attach to it in respect of any negligence, wilful default or fraud of which it may be guilty. Notwithstanding any other provision of this Trust Deed, under no circumstances will the Trustee be liable for any consequential loss (including, but not limited to, loss of profits) even if advised of the possibility of such loss or damage.
Trustee Liable for Negligence. If the Trustee fails to show the degree of care and diligence required of it as trustee, nothing in this Trust Deed shall relieve or indemnify it from or against any liability which would otherwise attach to it in respect of any gross negligence, wilful default or fraud of which it may be guilty in relation to its duties under this Trust Deed. The provisions of this Clause 10.5 shall survive the termination or expiry of this Trust Deed and the resignation or removal of the Trustee.
Trustee Liable for Negligence. None of the provisions of this Second Priority Funding Deed of Charge shall, in any case in which the Security Trustee has failed to show the degree of care and diligence required of it as security trustee under this Second Priority Funding Deed of Charge, having regard to the provisions of this Second Priority Funding Deed of Charge conferring on the Security Trustee any powers, authorities or discretions, relieve or indemnify the Security Trustee against any liabilities which by virtue of any rule of law would otherwise attach to it in respect of any gross negligence, default, breach of duty or breach of trust of which it may be guilty in relation to its duties under this Second Priority Funding Deed of Charge.
Trustee Liable for Negligence. Section 1 of the Trustee Act 2000 shall not apply to any function of the Trustee, provided that if the Trustee fails to show the degree of care and diligence required of it as trustee, having regard to the provisions of this Trust Deed, nothing in this Trust Deed shall relieve or indemnify it from or against any liability that would otherwise attach to it in respect of any gross negligence, wilful default or fraud of which it may be guilty. Notwithstanding any other provision of this Trust Deed, under no circumstances will the Trustee be liable for any consequential loss (being special damages, consequential damage, loss of business, goodwill, opportunity or profit) arising out of any breach by such Trustee of any of its obligations under this Trust Deed, whether or not foreseeable, even if the Trustee has been advised of the possibility of such loss or damage.
Trustee Liable for Negligence. Section 1 of the Trustee Act 2000 shall not apply to any action of the Trustee provided that nothing in this Trust Deed shall in any case in which the Trustee has failed to show the degree of care and diligence required of it as trustee having regard to the provisions of this Trust Deed relieve or indemnify it from or against any liability which by virtue of any rule of law would otherwise attach to it in respect of any negligence, default, breach of duty or breach of trust of which it or its officers and employees may be guilty in relation to its duties under this Trust Deed. Where there are any inconsistencies between the Trustee Xxx 0000, the Trustee Xxx 0000 and the provisions of this Trust Deed, the provisions of this Trust Deed shall, to the extent allowed by law, prevail and, in the case of any such inconsistency with the Trustee Xxx 0000, the provisions of this Trust Deed shall constitute a restriction or exclusion for the purposes of that Act.
Trustee Liable for Negligence. None of the provisions of this Funding Deed of Charge shall, in any case in which the Security Trustee has failed to show the degree of care and diligence required of it as security trustee under this Funding Deed of Charge, having regard to the provisions of this Funding Deed of Charge conferring on the Security Trustee any powers, authorities or discretions, relieve or indemnify the Security Trustee against any liabilities which by virtue of any rule of law would otherwise attach to it in respect of any gross negligence, default, breach of duty or breach of trust of which it may be guilty in relation to its duties under this Funding Deed of Charge.
Trustee Liable for Negligence. The duty of care that applies to a trustee under section 1 of the Trustee Act 2000 shall not apply to the Trustee and the Share Trustee-Custodian provided that, if the Trustee or the Share Trustee-Custodian, as applicable, fails to show the degree of care and diligence required of it as trustee having regard to the provisions hereof or indulges in gross negligence, fraud or wilful misconduct, nothing in this Trust Deed shall relieve or indemnify it from or against any liability which by any rule of law would otherwise attach to it in respect of any gross negligence, fraud or wilful default of which it may be guilty in relation to its duties under this Trust Deed.
