Common use of Waiver of Fiduciary Duties Clause in Contracts

Waiver of Fiduciary Duties. To the maximum extent permitted by law, each Member absolutely and irrevocably waives any and all claims, actions, causes of action, loss, damage and expense including any and all attorneys’ fees and other costs of enforcement arising out of or in connection with any breach or alleged breach of any fiduciary duty by any other Member or the Manager or any of their Affiliates in the nature of actions taken or omitted by any such other Persons, which actions or omissions would otherwise constitute the breach of any fiduciary duty owed to the Members (or any of them). It is the express intent of the Members that each Member and the Manager and each and all of their Affiliates shall be and hereby are relieved of any and all fiduciary duties which might otherwise arise out of or in connection with this Agreement to the Members or any of them.

Waiver of Fiduciary Duties. To the maximum extent permitted by law, each Member and each Series Member absolutely and irrevocably waives any and all claims, actions, causes of action, loss, damage and expense including any and all attorneys’ fees and other costs of enforcement Claims arising out of or in connection with any breach or alleged breach of any fiduciary duty by any other Member or Member, Series Member, the Manager or any of their Affiliates in its Affiliates, or the nature of Series Manager, with respect to actions taken or omitted by any such other Personsthem, which actions or omissions would otherwise constitute the breach of any fiduciary duty owed to the Members or the Series Members (or any of them), except a breach of any specific term of this Agreement or a Supplement. It is the express intent of the Members that each Member and the Member, Manager, Series Manager and each and all of their Affiliates shall be and hereby are relieved of any and all fiduciary duties which might otherwise arise out of or in connection with this Agreement to the Members Members, the Series Members, or any of them.