Common use of DEUTSCHE Clause in Contracts

DEUTSCHE. (i) Deutsche Asset Management (Australia) Limited as responsible entity of the Ericsson-Deutsche Technology Fund ("DEUTSCHE") is bound by this Agreement only in its capacity as responsible entity of the Ericsson-Deutsche Technology Fund (the "DEUTSCHE TRUST") and in no other capacity. A liability arising under or in connection with this Agreement is limited to, and can be enforced against Deutsche only to, the extent to which it can be satisfied out of the assets of the Deutsche Trust out of which Deutsche is actually indemnified for the liability. This limitation of Deutsche's liability applies despite any other provision of this Agreement and extends to all liabilities and obligations of Deutsche in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this Agreement. (ii) No party may ▇▇▇ Deutsche in any capacity other than as responsible entity of the Deutsche Trust, including seeking the appointment of a receiver (except in relation to property of the Deutsche Trust), a liquidator, an administrator, or any similar person to Deutsche or prove in any liquidation, administration or arrangement of or affecting Deutsche (except in relation to property of the Deutsche Trust). (iii) The provisions of this SECTION 14 do not apply to any obligation or liability of Deutsche to the extent that it is not satisfied because under the deed governing the Deutsche Trust or by operation of law there is a reduction in the extent of Deutsche's indemnification out of the assets of the Deutsche Trust, as a result of Deutsche's fraud, negligence or breach of trust. (iv) No attorney, agent, receiver or receiver and manager appointed in accordance with this Agreement has authority to act on behalf of Deutsche in a way which exposes Deutsche to any personal liability, and no act or omission of any such person will be considered fraud, negligence or breach of trust of Deutsche for the purpose of SECTION 14(a)(iii) above. (v) Notwithstanding any other provision of this Agreement, Deutsche: (A) is a funds management company which is part of Deutsche Bank AG (the "DEUTSCHE GROUP"); (B) is the responsible entity and manager of a number of managed funds and trusts and has obligations and duties in relation to each of those managed funds and trusts that are similar to its obligations and duties in relation to the Deutsche Trust; (C) may, and other entities in the Deutsche Group may, invest funds in companies or other entities that may compete with the Company or Engana Pty Ltd; and (D) cannot ▇▇▇▇▇▇ and promote the business of the Optium or the Company where such conduct would breach its obligations to, or adversely impact on, the shareholding of Deutsche or other entities in the Deutsche Group in any such competing company or entity in which funds managed by Deutsche have been invested. (vi) Deutsche warrants that, in respect of the Deutsche Trust, as at the date of this Agreement: (A) it is the only responsible entity of the Deutsche Trust; (B) no action is proposed to remove it as responsible entity of the Deutsche Trust; (C) there is no default under the terms of the constitution of the Deutsche Trust; and (D) it has the power to enter into and perform this Agreement; and (E) Deutsche as responsible entity, has a right of indemnity out of the trust assets of the Deutsche Trust for all liabilities incurred by it under this Agreement in accordance with the terms of the trust.

DEUTSCHE. (i) Deutsche Asset Management (Australia) Limited as responsible entity of the Ericsson-Deutsche Technology Fund ("DEUTSCHE") is bound by this Agreement only in its capacity as responsible entity of the Ericsson-Deutsche Technology Fund (the "DEUTSCHE TRUST") and in no other capacity. A liability arising under or in connection with this Agreement is limited to, and can be enforced against Deutsche only to, the extent to which it can be satisfied out of the assets of the Deutsche Trust out of which Deutsche is actually indemnified for the liability. This limitation of Deutsche's liability applies despite any other provision of this Agreement and extends to all liabilities and obligations of Deutsche in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this Agreement. (ii) No party may ▇▇▇ Deutsche in any capacity other than as responsible entity of the Deutsche Trust, including seeking the appointment of a receiver (except in relation to property of the Deutsche Trust), a liquidator, an administrator, or any similar person to Deutsche or prove in any liquidation, administration or arrangement of or affecting Deutsche (except in relation to property of the Deutsche Trust). (iii) The provisions of this SECTION 14 clause 10.08 do not apply to any obligation or liability of Deutsche to the extent that it is not satisfied because under the deed governing the Deutsche Trust or by operation of law there is a reduction in the extent of Deutsche's indemnification out of the assets of the Deutsche Trust, as a result of Deutsche's fraud, negligence or breach of trust. (iv) No attorney, agent, receiver or receiver and manager appointed in accordance with this Agreement agreement has authority to act on behalf of Deutsche in a way which exposes Deutsche to any personal liability, and no act or omission of any such person will be considered fraud, negligence or breach of trust of Deutsche for the purpose of SECTION 14(a)(iii) aboveclause 10.08(a)(iii). (v) Notwithstanding any other provision of this Agreementagreement, Deutsche: (A) is a funds management company which is part of Deutsche Bank AG (the "DEUTSCHE GROUP"); (B) is the responsible entity and manager of a number of managed funds and trusts and has obligations and duties in relation to each of those managed funds and trusts that are similar to its obligations and duties in relation to the Deutsche Trust; (C) may, and other entities in the Deutsche Group may, invest funds in companies or other entities that may compete with Optium or the Company or Engana Pty LtdCompany; and (D) cannot ▇▇▇▇▇▇ and promote the business of the Optium or the Company where such conduct would breach its obligations to, or adversely impact on, the shareholding of Deutsche or other entities in the Deutsche Group in any such competing company or entity in which funds managed by Deutsche have been invested. (vi) Deutsche warrants that, in respect of the Deutsche Trust, as at the date of this Agreement: (A) it is the only responsible entity of the Deutsche Trust; (B) no action is proposed to remove it as responsible entity of the Deutsche Trust; (C) there is no default under the terms of the constitution of the Deutsche Trust; and (D) it has the power to enter into and perform this Agreement; and (E) Deutsche as responsible entity, has a right of indemnity out of the trust assets of the Deutsche Trust for all liabilities incurred by it under this Agreement in accordance with the terms of the trust.