Common use of Trustee's Liability Clause in Contracts

Trustee's Liability. (a) The Trustee shall not be liable for any error of judgment nor for any act done or omitted, nor for any mistake of fact or law nor for anything which the Trustee may do or refrain from doing in good faith, nor shall the Trustee have any accountability hereunder, except for its own bad faith, gross negligence or willful misconduct. Furthermore, upon any judicial or other inquiry or investigation of or concerning the Trustee's acts pursuant to its rights and powers as Trustee, such acts shall be deemed reasonable unless proved to the contrary by clear and convincing evidence.

Appears in 7 contracts

Samples: Voting Trust Agreement, Voting Trust Agreement, Trust Agreement (Molson Coors Brewing Co)

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Trustee's Liability. (a) The Trustee shall not be liable for any error of judgment nor for any act done or omitted, nor for any mistake of fact or law nor for anything which the Trustee it may do or refrain from doing in good faith, nor generally shall the Trustee have any accountability hereunder, except for its own bad faith, willful default or gross negligence or willful misconductnegligence. Furthermore, upon any judicial or other inquiry or investigation of or concerning the Trustee's acts pursuant to its rights and powers as Trustee, such acts shall be deemed reasonable unless proved to the contrary by clear and convincing evidence.

Appears in 6 contracts

Samples: Voting Trust Agreement (Surgilight Inc), Voting Trust Agreement (Surgilight Inc), Voting Trust Agreement (Logisticare Inc)

Trustee's Liability. (a) The Trustee shall not be liable for any error of judgment nor for any act done or omitted, nor for any mistake of fact or law nor for anything which the Trustee may do or refrain from doing in good faith, nor generally shall the Trustee have any accountability hereunder, except for its own bad faith, gross negligence or willful misconduct. Furthermore, upon any judicial or other inquiry or investigation of or concerning the Trustee's acts pursuant to its rights and powers as Trustee, such acts shall be deemed reasonable unless proved to the contrary by clear and convincing evidence.

Appears in 3 contracts

Samples: Combination Agreement (Coors Adolph Co), Combination Agreement (Coors Adolph Co), Combination Agreement (Coors Adolph Co)

Trustee's Liability. (a) The Trustee shall not be liable for any error of judgment nor for any act done or omitted, nor for any mistake of fact or law nor for anything which the Trustee it may do or refrain from doing in good faith, nor generally shall the Trustee have any accountability hereunder, except for its own bad faith, willful default or gross negligence or willful misconductnegligence. Furthermore, upon any judicial or other inquiry or investigation of or concerning the Trustee's Trustee`s acts pursuant to its rights and powers as Trustee, such acts shall be deemed reasonable unless proved to the contrary by clear and convincing evidence.

Appears in 1 contract

Samples: Voting Trust Agreement (Surgilight Inc)

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Trustee's Liability. (a) The Trustee shall not be liable for any error of judgment nor for any act done or omitted, nor for any mistake of fact or law nor for anything which the Trustee he or she may do or refrain from doing in good faith, nor generally shall the Trustee have any accountability hereunder, except for its own bad faithhis or her individual willful default, deceit, fraud, or gross negligence or willful misconductnegligence. Furthermore, upon any judicial or other inquiry or investigation of or concerning the Trustee's acts pursuant to its his or her rights and powers as Trustee, such acts shall be deemed reasonable unless proved to the contrary by clear and convincing evidence.

Appears in 1 contract

Samples: Employment Agreement (Mdi Technologies Inc)

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