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.
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Samples: Wat Subscription Agreement (Cordera Holding Pty LTD), Wat Subscription Agreement (Westfield America Inc), Wat Subscription Agreement (Westfield America Inc)
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 agreement will be limited to, and can be enforced against the Trustee 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 provisions 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 109.
Appears in 1 contract
Samples: Stock Subscription Agreement (Westfield America Management LTD)
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)(ic) (i) of this Section 109.
Appears in 1 contract
Samples: Stock Subscription Agreement (Westfield America Inc)