Common use of Trustee Protection Clause in Contracts

Trustee Protection. The Trustee shall have no obligation hereunder except to receive the contributions of Trust Shares or funds referred to herein and to make transfers or distributions of said Trust Shares and funds in accordance with the provisions hereof. The Trustee shall be protected and held harmless in acting upon any written notice, certificate, waiver, consent or other instrument or document which he believes to be genuine. The Trustee shall not be liable for any error of judgment or for any act or omission other than his own gross negligence or willful misconduct. In no event shall the Trustee be required to account for any funds or securities subsequent to the distribution thereof in accordance with this Agreement. The Trustee's duties shall be determined only with reference to this Agreement and applicable laws. The Trustee is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. The Grantor and the Beneficiary represents and warrants to the Trustee that each of them has the full and complete power to transfer the Trust Shares in trust to the Trustee, that there are no claims or encumbrances on any of the Trust Shares and that none of them shall have any claim against the Trustee pertaining to the appropriateness or the prudence of any manner of holding or in vesting any securities or funds under this agreement. Beneficiary understands that (i) The Trustee is acting solely as Trustee pursuant to the terms of this Agreement, (ii) the Trust Shares will be received and held in trust by the Trustee for the benefit of the Beneficiary, to be used for those purposes set forth in this Agreement and (iii) no Beneficiary may construe the contents of any oral or written communication with the Trustee or the Grantor as legal, tax or investment advice. The Grantor and the Beneficiary shall indemnify and hold harmless the Trustee from and against all loss, liability, claim or expense to which the Trustee may become subject, including reasonable attorneys fees, arising out of or connected with the performance by the Trustee of the duties set forth In this Agreement, except for claims arising from the Trustee's failure to abide by the terms of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Film & Music Entertainment, Inc.), Agreement (Film & Music Entertainment, Inc.)

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Trustee Protection. The Trustee shall have no obligation hereunder except to receive the contributions of Trust Shares or funds referred to herein and to make transfers or distributions of said Trust Shares and funds in accordance with the provisions hereof. The Trustee shall be protected and held harmless in acting upon any written notice, certificate, waiver, consent or other instrument or document which he believes to be genuine. The Trustee shall not be liable for any error of judgment or for any act or omission other than his own gross negligence or willful misconduct. In no event shall the Trustee be required to account for any funds or securities subsequent to the distribution thereof in accordance with this Agreement. The Trustee's duties shall be determined only with reference to this Agreement and applicable laws. The Trustee is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. The Grantor and the Beneficiary represents and warrants to the Trustee that each of them has the full and complete power to transfer the Trust Shares in trust to the Trustee, that there are no claims or encumbrances on any of the Trust Shares and that none of them shall have any claim against the Trustee pertaining to the appropriateness or the prudence of any manner of holding or in vesting any securities or funds under this agreement. Beneficiary understands that (i) The Trustee is acting solely as Trustee Trustee. pursuant to the terms of this Agreement, (ii) the Trust Shares will be received and held in trust by the Trustee for the benefit of the Beneficiary, to be used for those purposes set forth in this Agreement and (iii) no Beneficiary may construe the contents of any oral or written communication with the Trustee or the Grantor as legal, tax or investment advice. The Grantor and the Beneficiary shall indemnify and hold harmless the Trustee from and against all loss, liability, claim or expense to which the Trustee may become subject, including reasonable attorneys fees, arising out of or connected with the performance by the Trustee of the duties set forth In this Agreement, except for claims arising from the Trustee's failure to abide by the terms of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Film & Music Entertainment, Inc.)

Trustee Protection. The Trustee shall have no obligation hereunder except to receive the contributions of Trust Shares or funds referred to herein and to make transfers or distributions of said Trust saidTrust Shares and funds in accordance with the provisions hereof. The Trustee shall be protected and held harmless in acting upon any written notice, certificate, waiver, consent or other instrument or document which he believes to be genuine. The Trustee shall not be liable for any error of judgment or for any act or omission other than his own gross negligence or willful misconduct. In no event shall the Trustee be required to account for any funds or securities subsequent to the distribution thereof in accordance with this Agreement. The Trustee's duties shall be determined only with reference to this Agreement and applicable laws. The Trustee is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. The Grantor and the Beneficiary represents and warrants to the Trustee that each of them has the full and complete power to transfer the transferthe Trust Shares in trust to the Trustee, that there are no claims or encumbrances on any of the Trust Shares and that none of them shall have any claim against the Trustee pertaining to the appropriateness or the prudence of any manner of holding or in vesting any securities or funds under this agreement. Beneficiary understands that (i) The Trustee is acting solely as Trustee pursuant to the terms of this Agreement, (ii) the Trust Shares will be received and held in trust by the Trustee for the benefit of the Beneficiary, to be used for those purposes set forth in this Agreement and (iii) no Beneficiary may construe the contents of any oral or written communication with the Trustee or the Grantor as legal, tax or investment advice. The Grantor and the Beneficiary shall indemnify and hold harmless the Trustee from and against all loss, liability, claim or expense to which the Trustee may become subject, including reasonable attorneys fees, arising out of or connected with the performance by the Trustee of the duties set forth In this Agreement, except for claims arising from the Trustee's failure to abide by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement (Film & Music Entertainment, Inc.)

Trustee Protection. The Trustee shall have no obligation hereunder except to receive the contributions of Trust Shares or funds referred to herein and to make ..transfers or distributions of said Trust Shares and funds in accordance with the provisions hereof. The Trustee shall be protected and held harmless in acting upon any written notice, certificate, waiver, consent or other instrument or document which he believes to be genuine. The Trustee shall not be liable for any error of judgment or for any act or omission other than his own gross negligence or willful misconduct. In no event shall the Trustee be required to account for any funds or securities subsequent to the distribution thereof in accordance with this Agreement. The Trustee's duties shall be determined only with reference to this Agreement and applicable laws. The Trustee is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. The Grantor and the Beneficiary represents and warrants to the Trustee that each of them has the full and complete power to transfer the Trust Shares in trust to the Trustee, that there are no claims or encumbrances on any of the Trust Shares and that none of them shall have any claim against the Trustee pertaining to the appropriateness or the prudence of any manner of holding or in vesting any securities or funds under this agreement. Beneficiary understands that (i) The Trustee is acting solely as Trustee pursuant to the terms of this Agreement, (ii) the Trust Shares will be received and held in trust by the Trustee for the benefit of the Beneficiary, to be used for those purposes set forth in this Agreement and (iii) no Beneficiary may construe the contents of any oral or written communication with the Trustee or the Grantor as legal, tax or investment advice. The Grantor and the Beneficiary shall indemnify and hold harmless the Trustee from and against all loss, liability, claim or expense to which the Trustee may become subject, including reasonable attorneys fees, arising out of or connected with the performance by the Trustee of the duties set forth In this Agreement, except for claims arising from the Trustee's failure to abide by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement (Film & Music Entertainment, Inc.)

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Trustee Protection. The Trustee shall have no obligation hereunder except to receive the contributions of Trust Shares or funds referred to herein and to make transfers or distributions of said Trust Shares and funds in accordance with the provisions hereof. The Trustee shall be protected and held harmless in acting upon any written notice, certificate, waiver, consent or other instrument or document which he believes to be genuine. The Trustee shall not be liable for any error of judgment or for any act or omission other than his own gross negligence or willful misconduct. In no event shall the Trustee be required to account for any funds or securities subsequent to the distribution thereof in accordance with this Agreement. The Trustee's duties shall be determined only with reference to this Agreement and applicable laws. The Trustee is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. The Grantor and the Beneficiary represents and warrants to the Trustee that each of them has the full and complete power to transfer the Trust Shares in trust to the Trustee, that there are no claims or encumbrances on any of the Trust Shares and that none of them shall have any claim against the Trustee pertaining to the appropriateness or the prudence of any manner of holding or in vesting any securities or funds under this agreement. Beneficiary understands that (i) The Trustee is acting solely as Trustee pursuant to the terms of this Agreement, (ii) the Trust Shares will be received and held in trust by the Trustee for the benefit of the Beneficiary, to be used for those purposes set forth in this Agreement and (iii) no Beneficiary may construe the contents of any oral or written communication with the Trustee or the Grantor as legal, tax or investment advice. The Grantor and the Beneficiary shall indemnify and hold harmless the Trustee from and against all loss, liability, claim or expense to which the Trustee may become subject, including reasonable attorneys fees, arising out of or connected with the performance by the Trustee of the duties set forth In this Agreement, except for claims arising from the Trustee's failure to abide by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement (Film & Music Entertainment, Inc.)

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