Trustee’s limitation of liability. (a) The Landholder acknowledges that the Trustee enters into this Agreement only as trustee of the Trust, and in no other capacity (other than in respect of the warranties in relation to trustee capacity in clause [13.2] of the Extension Project Agreement which are given by the Trustee in its personal capacity).
(b) A liability of the Trustee arising under or in connection with this Agreement is limited to and can be enforced against the Trustee only to the extent to which the Trustee is entitled to be indemnified out of the Trust for the liability and the liability can be satisfied out of property of the Trust.
(c) The limitation of liability in this clause 9.1 will not apply to any liability of the Trustee to the extent that the liability is not satisfied out of the property of the Trust because there is a reduction in the Trustee’s right of indemnity as a result of, and to the extent of, the Trustee committing fraud, Gross Negligence, Wilful Default, breach of trust or breach of the Trust Deed or the Unit Holders Deed.
Trustee’s limitation of liability. Clause 17 of the Series Supplement is incorporated into this Agreement as if set out here in full with any necessary changes to clause references and document references.
Trustee’s limitation of liability. (a) The Trustee enters into this Agreement only in its capacity as trustee of WAT and in no other capacity. Any liability arising under or in connection with this Agreement will be limited to, and can be enforced against the Trustee only to the extent to which such liability can be satisfied out of, the property or assets of WAT from which the Trustee is actually indemnified for such liability. This limitation of the Trustee's liability under this Agreement will apply despite any other provision of this Agreement and extends to all liabilities and obligations of the Trustee in any way related to any representation, warranty, conduct, omission, agreement or transaction related to this Agreement, subject to paragraph (c)(i) of this Section 10.
(b) Neither the Company nor the Manager may xxx the Trustee in any capacity other than as trustee of WAT, including to seek the appointment of a receiver (except in relation to the property or assets of WAT), a liquidator, an administrator or any similar person with respect to the Trustee or to prove in any liquidation, administration or arrangement of or affecting the Trustee (except in relation to the property or assets of WAT), subject to paragraph (c)(i) of this Section 10.
(c) Notwithstanding the foregoing paragraphs (a) and (b), the provisions of this Section 10 shall not: (i) apply to any obligation or liability of the Trustee to the extent that it is not satisfied because under the Trust Deed establishing WAT or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the property or assets of WAT as a result of the Trustee's fraud, negligence or breach of trust; or (ii) in any way limit the right of the Company to bring any action or proceeding for the performance by the Trustee (in its capacity as trustee of WAT) or the Manager of any of their respective obligations under this Agreement or the Company's right to recover damages from the property or assets of WAT.
Trustee’s limitation of liability. (a) Aurizon Network, each Unit Holder and each Access Seeker acknowledges that the Trustee enters into this Agreement only as trustee of the Trust, and in no other capacity (other than in respect of the warranties in relation to trustee capacity in clause 13.2 which are given by the Trustee in its personal capacity).
(b) A liability of the Trustee arising under, or in connection with, this Agreement is limited to and can be enforced against the Trustee only to the extent to which the Trustee is entitled to be indemnified out of the Trust for the liability and the liability can be satisfied out of property of the Trust.
(c) The limitation of liability in this clause 7.3 will not apply to any liability of the Trustee to the extent that the liability is not satisfied out of the property of the Trust because there is a reduction in the Trustee’s right of indemnity as a result of the Trustee committing fraud, Gross Negligence, Xxxxxx Xxxxxxx, breach of trust or breach of the Trust Deed or the Unit Holders Deed.
(d) Without limitation to, or derogating from, the other provisions of this clause 7.3, the Access Seekers acknowledge the provisions of the Construction Agreement and agree that the Trustee's liability for breach of the warranty under clause 14 is limited to the net liquidated damages under clause [33.7] of the Construction Agreement which are actually recovered by the Trustee.
Trustee’s limitation of liability. Notwithstanding anything else contained or implied in this Agreement, the Independent Trustee enters into and executes this Agreement in their capacity as trustee only and not in any personal capacity and with the intent that their liability under this Agreement shall be limited to the assets of the relevant trust from time to time, except in the case where they are in breach of trust or have acted dishonestly or have breached their obligations to the beneficiaries of the trust causing their right of indemnity under the trust to be lost.
Trustee’s limitation of liability. (a) The Landholder acknowledges that the Trustee enters into this Agreement only as trustee of the Trust, and in no other capacity (other than in respect of the warranties in relation to trustee capacity in
(b) A liability of the Trustee arising under or in connection with this Agreement is limited to and can be enforced against the Trustee only to the extent to which the Trustee is entitled to be indemnified out of the Trust for the liability and the liability can be satisfied out of property of the Trust.
(c) The limitation of liability in this clause 17.3 will not apply to any liability of the Trustee to the extent that the liability is not satisfied out of the property of the Trust because there is a reduction in the Trustee’s right of indemnity as a result of the Trustee committing fraud, “Gross Negligence” or “Wilful Default” (each as defined in the Trust Deed).
Trustee’s limitation of liability. The names “Schwab Strategic Trust” and “Trustees of Schwab Strategic Trust” refer respectively to the Delaware statutory trust created (the “Trust”) and the Trustees, as trustees but not individually or personally, acting from time to time under a Declaration of Trust dated as of January 26, 2009 to which reference is hereby made and a certificate of the Trust is on file at the office of the Secretary of State of Delaware and elsewhere as required by law, and to any and all amendments thereto. The obligations of “Schwab Strategic Trust” entered into in the name or on behalf thereof by any of the Trustees, representatives or agents are made not individually, but in such capacities, and are not binding upon any of the Trustees, shareholders or representatives of the Trust personally, but bind only the assets of the Trust, and all persons dealing with any series of shares of the Trust must look solely to the assets of the Trust belonging to such series for the enforcement of any claims against the Trust.
Trustee’s limitation of liability. (a) The Project Manager acknowledges that the Trustee enters into this Agreement only as trustee of the Trust, and in no other capacity (other than in respect of the warranties in relation to trustee capacity in clause 27.2 which are given by the Trustee in its personal capacity).
(b) A liability of the Trustee arising under, or in connection with, this Agreement is limited to and can be enforced against the Trustee only to the extent to which the Trustee is entitled to be indemnified out of the Trust for the liability and the liability can be satisfied out of property of the Trust.
(c) The limitation of liability in this clause 18.8 will not apply to any liability of the Trustee to the extent that the liability is not satisfied out of the property of the Trust because there is a reduction in the Trustee’s right of indemnity as a result of the Trustee committing fraud, “Gross Negligence” or “Wilful Default” (each as defined in the Trust Deed).
Trustee’s limitation of liability. Each Subscriber:
(a) acknowledges that the Trustee enters into this Deed in its capacity as trustee of the Trust and not in any other capacity; and
(b) agrees that the liability of the Trustee to the Subscriber under, or arising out of, this Deed is limited to the amount that the Trustee is properly entitled to receive in the exercise of its rights of indemnity from the Trust, except where:
(c) this Deed or the Trust Deed expressly provides that an obligation or liability is an obligation or liability of the Trustee personally; or
(d) this Deed or the Trust Deed expressly provides that the Trustee is not entitled to an indemnity or reimbursement out of the Assets in respect of that obligation or liability.
Trustee’s limitation of liability. LIMITATION ON TRUSTEE'S LIABILITY 16.1 The Trustee enters into agreement only in its capacity as trustee of the Trust and in no other capacity. A liability incurred by the Trustee arising under or in connection with agreement or the Trust is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of Assets of the Trust out of which the Trustee is actually indemnified for the liability. This limitation of the Trustee's liability applies despite any other provision of agreement (other than clause 16.3) and extends to all liabilities and obligations of the Trustee in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this agreement or the Trust.
