Trustee limitation of liability. (a) This clause 19.4 applies to LTES Operator as trustee of the Trust to the extent that LTES Operator is acting in that capacity.
(b) Subject to paragraphs (c), (d) and (e), LTES Operator’s liability to any person in connection with this agreement (or any transaction in connection with it) is limited to the extent to which the liability is or can be satisfied out of the Trust Property by LTES Operator exercising its right of indemnity out of the Trust Property.
(c) Subject to clauses 19.4(c)(i) and 19.4(c)(ii), SFV may not seek to recover any amounts owing to it under this agreement by bringing proceedings against LTES Operator in its personal capacity. However, SFV may:
(i) do anything necessary to enforce its rights in connection with the Trust Property; and
(ii) take proceedings to obtain either or both:
(A) an injunction or other order to restrain any breach of this agreement by LTES Operator; and
(B) declaratory relief or other similar judgment or order as to the obligations of LTES Operator under this agreement.
(d) The limitations and restrictions under paragraphs (b) and (c) do not apply to a liability to the extent that it is not satisfied because there is a reduction in the extent of LTES Operator’s indemnification out of the Trust Property either as a result of LTES Operator’s fraud, negligence or wilful default, or by operation of Law.
Trustee limitation of liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually or personally but solely as the trustee for the Seller, in the exercise of the powers and authority conferred and vested in it, (b) the representations, undertakings and agreements herein or in any other agreement related hereto, as applicable, made on the part of the Seller are made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust but are made and intended for the purpose of binding only the Seller, (c) nothing herein contained or in any other agreement related hereto shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, individually or personally, to perform any covenant either expressed or implied contained herein or therein, as applicable, all such liability, if any, being expressly waived by the parties who are signatories to this Amendment and any other related agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust be personally liable for the payment of any indebtedness or expenses of the Seller or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Seller under this Amendment and any other agreement related hereto.
Trustee limitation of liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by the Trustee, not individually or personally but solely as Trustee of the Trust under the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on the Trustee individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties to this Agreement and by any person claiming by, through or under them and (d) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking by the Trust under this Agreement or any related documents.
Trustee limitation of liability. (a) This clause 31.8 applies to the Operator as trustee of the Trust to the extent that the Operator is acting in that capacity.
(b) Subject to clause 31.8(c) to 31.8(e), the Operator’s Liability to any person in connection with this Agreement (or any transaction in connection with it) is limited to the extent to which the Liability is or can be satisfied out of the Trust Property by the Operator exercising its right of indemnity out of the Trust Property.
(c) Subject to clauses 31.8(c)(i) and 31.8(c)(ii), the Commonwealth may not seek to recover any amounts owing to it under this Agreement by bringing proceedings against the Operator in its personal capacity. However, the Commonwealth may:
(i) do anything necessary to enforce its rights in connection with the Trust Property; and
(ii) take proceedings to obtain either or both:
(A) an injunction or other order to restrain any breach of this Agreement by the Operator; and
(B) declaratory relief or other similar judgment or order as to the obligations of the Operator under this Agreement.
(d) The limitations and restrictions under clauses 31.8(b) and 31.8(c) do not apply to a Liability to the extent that it is not satisfied because there is a reduction in the extent of the Operator’s indemnification out of the Trust Property either as a result of the Operator’s fraud, negligence or wilful default, or by operation of Law.
(e) The limitation of the Operator’s Liability under clause 31.8(b) is to be disregarded for the purposes of determining whether the Operator has failed to comply with or perform any obligation under this Agreement because of a failure by the Operator to pay an amount payable by it under this Agreement.]
Trustee limitation of liability. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by HSBC Bank USA, National Association, not individually or personally but solely as the Trustee, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (b) the representations, warranties, covenants, undertakings and agreements herein made on the part of the trust created pursuant to the Pooling and Servicing Agreement (the “Trust”) are made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but are made and intended for the purpose of binding only the, (c) nothing herein contained shall be construed as creating any liability on HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties who are signatories to this Agreement and by any person claiming by, through or under such parties and (d) under no circumstances shall HSBC Bank USA, National Association be personally liable for the payment of any indemnity, indebtedness, fees or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement.
Trustee limitation of liability. 5.1 QBF No.1 Pty Ltd (Trustee) enters into this Amendment Letter in its capacity as trustee of QIC Critical Minerals and Battery Technology Fund (the Trust) and is bound by Amendment Letter only in that capacity and in no other capacity.
5.2 Subject to clause 5.3 below:
(a) any obligation or liability owed by the Trustee arising under or in connection with this Amendment Letter is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of property of the Trust out of which the Trustee is actually indemnified for liability;
(b) this limitation of the Trustee's liability applies despite any other provision of this Amendment Letter and extends to all obligations and liabilities of the Trustee in any way connected with this Amendment Letter; and
(c) no party or person may sue the Trustee in any capacity other than as trustee of the Trust, including seeking the appointment of a receiver, a liquidator, an administrator or any similar person to the Trustee, or prove in any liquidation, administration or arrangement of or affecting the Trustee (except in relation to property of Trust).
5.3 The provisions of this clause will not apply to any obligation or liability of the Trustee to the extent that it is not satisfied because under the trust deed establishing the Trust or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the assets of the Trust as a result of the Trustee's fraud, gross negligence or breach of trust.
Trustee limitation of liability. (a) In this clause 12.13, the term Trust means each of the trusts established over the shares in the Company beneficially owned by the following funds, and Trustee means the trustee of such Trusts, in each case as indicated below: Carp Advisory A Pty Ltd Carp Investment Trust No. 1 Carp Advisory B Pty Ltd Carp Investment Trust No. 2
(b) The Trustee enters into this Agreement only in its capacity as trustee of the Trusts and in no other capacity. A liability arising under or in connection with this Agreement, except a liability arising under this clause 12.13, is limited, and can only be enforced against the Trustee to the extent to which it can be satisfied out of the assets of the Trust out of which the Trustee is actually indemnified for the liability. The limitation of the Trustee's liability applies despite any other provision of this Agreement.
(c) No party may sue the Trustee in any capacity other than as trustee of the Trust, including seeking the appointment of a receiver (except in relation to property of the Trust), a liquidator, an administrator, or any similar person to the Trustee or prove in any liquidation, administration or arrangement of or affecting the Trustee (except in relation to property of the Trust).
(d) The provisions of this clause 12.13 do not apply to any obligation or liability of the Trustee to the extent that they are not satisfied because under the deed governing the Trust or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the assets of the Trust, as a result of the Trustee's fraud, negligence or breach of trust.
(e) The Trustee warrants to each other party that it has a right of indemnification as referred to in clause 12.13(b) and undertakes that it will notify each of such parties as soon as it is reasonably practicable on such right being reduced, qualified or limited in any material respect.
Trustee limitation of liability. (a) In this clause, "Trustee" means CPE Barangaroo Pty Limited in its capacity as trustee for the CPE Barangaroo Trust constituted by a deed entered into by CPE (as trustee) dated 14 May 2015 (Trust).
Trustee limitation of liability. (a) Project Co enters into this document and each other Project Document to which it is expressed to be a party only in its capacity as trustee of the Capella Parking Unit Trust and in no other capacity.
(b) A liability arising under or in connection with this document and each other Project Document to which it is expressed to be a party (whether that liability arises under a specific provision of this document or any other Project Document which is expressed to be a party, for breach of contract or otherwise) can be enforced against Project Co only to the extent to which it can be satisfied out of the property of the Capella Parking Unit Trust out of which Project Co is entitled to be indemnified for the liability.
(c) The limitation of Project Co’s liability under this Clause 21.17 applies despite any other provision of this document or any other Project Document to which it is expressed to be a party (other than Clause 21.18(b)) and extends to all liabilities and obligations of Project Co in relation to any representation, warranty, conduct, omission, agreement or transaction relating to this document or any other Project Document which is expressed to be a party.
Trustee limitation of liability. (a) Subject to clause 25.21(g), the Trustee enters into this Agreement only in its capacity as trustee of the Trust and in no other capacity.
(b) A Liability arising under or in connection with this Agreement (whether that liability arises under a specific provision of this Agreement, for breach of contract or otherwise) can be enforced against the Trustee only to the extent to which it can be satisfied out of the assets of the Trust for which the Trustee is actually indemnified for the Liability.
(c) The Seller must not:
(i) sue or otherwise commence proceedings against the Trustee personally or in any capacity other than in the Trustee’s capacity as trustee of the Trust;
(ii) seek the appointment of a liquidator, administrator, receiver or similar person to the Trustee; or
(iii) prove in any liquidation, administration or arrangement of or affecting the Trustee, provided that this clause 25.21(c) does not prevent the Seller taking proceedings to obtain:
(iv) an injunction or other order to restrain any breach of this Agreement (or any transaction in connection with such breach); or
(v) declaratory relief or other similar judgment or order as to the obligations of the Trustee under this Agreement (or any transaction in connection with it).
(d) Subject to clauses 25.21(e), 25.21(g) and 25.22, the limitation of the Trustee’s liability under this clause 25.21 applies despite any other provision of this Agreement and extends to all liabilities and obligations of the Trustee in relation to any representation, warranty, conduct, omission, agreement or transaction related to this Agreement.
(e) Clauses 25.21(b), 25.21(c)(i), 25.21(c)(ii), 25.21(c)(iii) and 25.21(d) do not apply to any obligation or Liability of the Trustee to the extent to which there is, whether under the Trust Deed or by operation of law, a reduction in the extent, or an extinguishment, of the Trustee’s indemnification or in respect of which the Trustee is not entitled to be indemnified, out of the assets or property of the Trust, as a result of the Trustee’s fraud, negligence, wilful default, breach of trust or breach of clauses 25.22 or 25.23.
(f) The Trustee is not under any obligation to do or not do anything in connection with this Agreement (or any transaction in connection with it) (including enter into any transaction or incur any liability) unless the Trustee’s liability is limited in a manner which is consistent with this clause 25.21.
(g) The Trustee gives the representations and wa...
