Xxxxxxxxxx of Liability. The Distributor is expressly put on notice of the limitation of shareholder liability as set forth in the Declaration of Trust of the Issuer and agrees that the obligations assumed by the Issuer under this contract shall be limited in all cases to the Issuer and its assets. The Distributor shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Issuer. Nor shall the Distributor seek satisfaction of any such obligation from the Trustees or any individual Trustee of the Issuer. The Distributor understands that the rights and obligations of each series of shares of the Issuer under the Issuer's Declaration of Trust are separate and distinct from those of any and all other series.
Xxxxxxxxxx of Liability. The Article and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Xxxxxxxxxx of Liability. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of the State of Delaware, and notice is hereby given that this Agreement is executed on behalf of the Trustees of the Trust as Trustees and not individually and that the obligations of this instrument are not binding upon any of the Trustees, officers or shareholders of the Trust individually but binding only upon the assets and property of the Trust.
Xxxxxxxxxx of Liability. A copy of the Declaration of Trust of the Fund is on file with the Secretary of State of the Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of the Trustees of the Fund as Trustees and not individually and that the obligations of this instrument are not binding upon any of the Trustees, officers or Shareholders of the Fund individually but binding only upon the assets and property of the Fund.
Xxxxxxxxxx of Liability. 5.1 Except as provided in Article 5.2, all warranties, guarantees and liabilities of CONTRACTOR with respect to or in connection with the Preliminary Engineering provided by CONTRACTOR under this Preliminary Engineering Agreement shall only come into existence upon the EPC Agreement or the detailed engineering agreement having become effective and then shall be limited as agreed therein, and nothing in this Preliminary Engineering Agreement shall be construed as expressing or implying the contrary.
5.2 ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE FOR THE PURPOSE INTENDED, ARE EXPRESSLY EXCLUDED. THE LIABILITY OF CONTRACTOR UNDER AND IN CONNECTION WITH THE PRELIMINARY ENGINEERING IS LIMITED TO THE CORRECTION OF ANY DEFECTS IN THE ENGINEERING SERVICES OR DOCUMENTS DELIVERED TO OWNER UNDER THIS PRELIMINARY ENGINEERING AGREEMENT, PROVIDED NOTICE OF ANY DEFECTS IS GIVEN TO CONTRACTOR WITHIN 180 DAYS FROM PERFORMANCE OF SUCH SERVICES OR DELIVERY OF SUCH DOCUMENTS.
5.3 CONTRACTOR's total cumulative liability to OWNER under or relating to this Preliminary Engineering Agreement shall in no event exceed the total amount of insurance proceeds obtained under the insurance policies required under Article 6 of this Preliminary Engineering Agreement, exclusive of CONTRACTOR's obligations under Article 5.2.
5.4 Notwithstanding any other provision of this Agreement, neither OWNER nor CONTRACTOR shall have any liability whatsoever for loss of production, loss of income, loss of profit, loss caused by plant shutdown, delayed opening, business interruption or other delay or for any other special, indirect, incidental or consequential loss or damage, or for any exemplary or punitive damages.
5.5 The limitations on and exclusions of damages set forth in this Article 5 shall apply under any theory of law including breach of contract or warranty, tort (including negligence of any nature, whether sole or concurrent), strict liability or otherwise.
5.6 Any set-off against CONTRACTOR's claims for payment of the T&M Price under Article 4.1 is excluded. OWNER waives any right of retention of any portion of the T&M Price payable hereunder.
Xxxxxxxxxx of Liability. In no event shall TXXX xx xxxxxx to GEER for any damages whatever resulting from (a) death or bodily injxxx, or (b) any special, exemplary, consequential, or incidental damages, including but not limited to lost profits, whether arising out of contract, tort, strict liability, or otherwise, resulting from or relating to this Agreement. This section will apply notwithstanding any other provisions of this Agreement.
Xxxxxxxxxx of Liability. In no event shall TRXX xx xxxxxx xx DynEco for any damages whatever resulting from (a) death or bodily injury, or (b) any special, exemplary, consequential, or incidental damages, including but not limited to lost profits, whether arising out of contract, tort, strict liability, or otherwise, resulting from or relating to this Agreement. This section will apply notwithstanding any other provisions of this Agreement.
Xxxxxxxxxx of Liability. E.1 For the purposes of this Annex 1, delete Clause 13.2 of the TLA and replace with the following:
Xxxxxxxxxx of Liability. The Distributor is expressly put on notice of the limitation of shareholder liability as set forth in the Declaration of Trust of the Issuer and agrees that the obligations assumed by the Issuer under this contract shall be limited in all cases to the Issuer and its assets. The Distributor shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Issuer. Nor shall the Distributor seek satisfaction of any such obligation from the Trustees or any individual Trustee of the Issuer.
Xxxxxxxxxx of Liability. The Distributor is expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Issuer and agrees that the obligations assumed by the Issuer under this contract shall be limited in all cases to the Issuer and its assets. The Distributor shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Issuer. Nor shall the Distributor seek satisfaction of any such obligation from the Trustees or any individual Trustee of the Issuer. The Distributor understands that the rights and obligations of each series of shares of the Issuer under the Issuer's Trust Instrument are separate and distinct from those of any and all other series.
