Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund (the Fund), for the benefit of the Agency. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as a standby to receive payments and shall not consist of any property. Payments made by the Grantor pursuant to the Agency’s instructions are transferred to the Trustee and referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST for the benefit of the Agency, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency.
Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter the "FUND," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies:
(A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert GRANTOR];
(2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises;
(3) Property loaned by [insert GRANTOR];
(4) Personal property in the care, custody or control of [insert GRANTOR];
(5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be c...
Establishment of Fund. The grantor and the trustee hereby establish a trust fund, the "fund," for the benefit of the Ohio EPA. The grantor and the trustee intend that no third party have access to the fund except as herein provided. The fund is established initially as consisting of the property, which is acceptable to the trustee, described in schedule B attached hereto. Such property and any other property subsequently transferred to the trustee is referred to as the fund, together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this agreement. The fund will be held by the trustee, in trust, as hereinafter provided. The trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the Ohio EPA.
Establishment of Fund. The grantor and the trustee hereby establish a trust fund, the "fund", for the benefit of the licensing authority. The grantor and the trustee intend that no third party have access to the fund except as herein provided. The fund is established initially as consisting of the property, which is acceptable to the trustee, described in schedule B attached hereto. Such property and any other property subsequently transferred to the trustee is referred to as the fund, together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this agreement. The fund will be held by the trustee, in trust, as hereinafter provided. The trustee shall not be responsible nor shall itthe trustee undertake any responsibility for the amount or adequacy of, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the licensing authority.
Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund (the Fund), for the benefit of the Agency (hereafter sometimes referred to as the “Beneficiary”). The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is
Establishment of Fund. The Fund hereby created shall be known as the <name> Charitable Fund (“Fund”) and, as a component fund of the Foundation, shall be established for the purpose and subject to the terms and conditions herein set forth. All money and property transferred to the Fund shall be an irrevocable gift to the Foundation.
Establishment of Fund. A Scholarship Fund shall be established as a fund on the books of BCF and known as the (the “Fund”). [OPTIONAL LANGUAGE FOR PAYMENT OVER FIVE YEARS OF GIFTS TO ESTABLISH MINIMUM BALANCE OF NAMED FUNDS: Donor understands and agrees that s/he has five (5) years from the date of the Agreement to raise the minimum balance of $25,000 required to establish the Fund. All gifts (or the net sales process of the gifts) received for this purpose shall be irrevocable and will be held in a temporarily restricted account until the minimum balance is achieved. Fees shall be deducted monthly from the temporarily restricted account as set forth in Paragraph 3. In the event that total gifts are less than $5,000 on the 1st anniversary of the date of this Agreement; $10,000 on the 2nd anniversary of the date of this Agreement; $15,000 on the 3rd anniversary of the date of this Agreement; $20,000 on the 4th anniversary of this Agreement; or $25,000 on the 5th anniversary of this Agreement, the account may be closed and the gifts to the account will be treated as unrestricted gifts for use as determined by BCF’s Board of Directors. If circumstances so warrant, BCF staff will work with Donor to ensure that Donor has reasonable time to achieve each financial benchmark prior to account closure. No distributions shall be made from the account until the principal balance of the Fund is at least twenty-five thousand dollars ($25,000). Once the minimum balance is achieved, a Scholarship Fund shall be established as a fund on the books of BCF and known as the (name of fund) (the “Fund”). The Fund shall be held, managed and maintained by BCF as a (permanently restricted endowment or temporarily restricted fund.) The Fund shall include the property transferred with this Agreement and any other gift that the Donor or others may later transfer to BCF for inclusion in the Fund subject to acceptance by BCF board. All gifts (or the net sales proceeds of the gifts) to the Fund shall be irrevocable. Assets of the Fund may be commingled for purposes of investment with other assets of BCF. BCF has the sole responsibility to manage and invest the funds and may retain firms or individuals to assist in this responsibility.
Establishment of Fund. The Grantor and the Trustee hereby establish a standby trust fund (the Fund) for the benefit of the NRC. The Grantor and the Trustee intend that no third party have access to the Fund except as provided herein.
Establishment of Fund. The Grantor and the Escrow Agent hereby establish the Fund for the use and benefit of the MDEQ with the intent to assure the effectiveness and integrity of the remedial action as described in the NFA Report. The Fund is established initially as consisting of the Escrow Assets described in Exhibit A of this Escrow Agreement, all of which are acceptable to the Escrow Agent. Such Escrow Assets or any other assets subsequently transferred to the Escrow Agent are collectively referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Escrow Agent pursuant to this Escrow Agreement. The Escrow will be held by the Escrow Agent, as hereinafter provided. The Escrow Agent undertakes no responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments required to be made by the Grantor to the Escrow Agent or for payments required of the Grantor. The Escrow Agent shall notify the Beneficiary in writing of contributions made to the Escrow by the Grantor.
Establishment of Fund. The Grantor and the Trustee hereby establish a Standby Trust Fund (the “Fund”) for the benefit of the State of Oregon acting by and through its Department of Environmental Quality. The Grantor and Trustee intend that no third party have access to the Fund, except as herein provided. The Fund will remain empty until (and if), the proceeds of the [insert Surety Bond or Irrevocable Letter of Credit] are deposited into the Fund. The Fund will consist of such proceeds transferred to the Trustee, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor shall the Trustee have any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by DEQ.
