Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, to the fullest extent permitted by applicable law, the Covered Person acting under this Agreement shall not be liable to the Company or the Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, replace such other duties and liabilities of the Covered Person.
Appears in 35 contracts
Samples: Limited Liability Company Agreement (Ace Gaming LLC), Operating Agreement (Wynn Las Vegas Capital Corp), Operating Agreement (Wynn Las Vegas Capital Corp)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, to the fullest extent permitted by applicable law, the Covered Person acting under this Agreement shall not be liable to the Company or the Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, shall replace such other duties and liabilities of the Covered Person.
Appears in 12 contracts
Samples: Operating Agreement (Ace Gaming LLC), Limited Liability Company Agreement (Aquarius Gaming LLC), Operating Agreement (New Gaming Capital Partnership)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Warner Music Group Corp.), Limited Liability Company Agreement (Warner Music Group Corp.), Limited Liability Company Agreement (Warner Music Group Corp.)
Fiduciary Duty. (i) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (DB Online, LLC), Limited Liability Company Agreement (Wells Fargo Student Loans Receivables I LLC), Limited Liability Company Agreement (Rialto Commercial Mortgage Securities, LLC)
Fiduciary Duty. 13.4.1 To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyLLC or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company LLC or the Member to any other covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, replace such other duties and liabilities of the Covered Person.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Tarrant Apparel Group), Limited Liability Company Operating Agreement (Tarrant Apparel Group), Limited Liability Company Operating Agreement (Tarrant Apparel Group)
Fiduciary Duty. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyPartnership or to any Partner, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company Partnership or the Member to any Partner for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Affiliated Managers Group Inc), Limited Partnership Agreement (Affiliated Managers Group Inc), Limited Partnership Agreement (Affiliated Managers Group Inc)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Company or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person's good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Remington Arms Co Inc/), Limited Liability Company Agreement (Montrone Paul M), Limited Liability (Montrone Paul M)
Fiduciary Duty. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Allegheny Energy Inc), Limited Liability Company Agreement (Plymouth Opportunity REIT Inc.), Limited Liability Company Agreement (MBW Foods Inc)
Fiduciary Duty. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other person or entity bound by this Agreement for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Cascades Enviropac HPM LLC), Cascades USA Inc.
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Company or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person’s good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 2 contracts
Samples: Limited Liability Company Operarting Agreement (Gold Merger Sub, LLC), Limited Liability Company Agreement (St Jude Medical, LLC)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Com pany or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person's good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Montrone Paul M), Limited Liability Company Agreement (Montrone Paul M)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyPartnership, then, to the fullest extent permitted by applicable law, the Covered Person acting under this Agreement shall not be liable to the Company Partnership or the Member any partner for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, replace such other duties and liabilities of the Covered Person.
Appears in 2 contracts
Samples: Rouge) Partnership Agreement (St Louis Casino Corp), Partnership Agreement (St Louis Casino Corp)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions , provided that nothing in this Agreement shall limit the duties or obligations of this Agreement, any Covered Person to the extent that they restrict the duties and liabilities of a Company or any other Covered Person otherwise existing set forth in any other agreement or at law or in equity, replace such other duties and liabilities of the Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cb Richard Ellis Realty Trust)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company Company, its Subsidiaries or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions , provided that nothing in this Agreement shall limit the duties or obligations of this Agreement, any Covered Person to the extent that they restrict the duties and liabilities of a Company, its Subsidiaries or any other Covered Person otherwise existing set forth in any other agreement or at law or in equity, replace such other duties and liabilities of the Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cb Richard Ellis Realty Trust)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Company or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person's good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, to the fullest extent permitted by applicable law, the Covered Person acting under this Agreement shall not be liable to the Company or the Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, replace such other duties and liabilities of the Covered Person.this
Appears in 1 contract
Samples: World Travel LLC
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to such duties to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the to any Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this LLC Agreement shall not be liable to the Company or the to any Member for its good faith acts or omissions in reliance on the provisions of this LLC Agreement. The provisions of this LLC Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Laredo Oil, Inc.)
Fiduciary Duty. To the extent that, that at law or in equity, equity a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to the Members, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member Members for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, equity shall replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member for its such Covered Person’s good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, shall replace such other duties and liabilities of the Covered Person.
Appears in 1 contract
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this AgreementAgreement or any approval or authorization granted by the Company. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (American Realty Capital New York Recovery Reit Inc)
Fiduciary Duty. (87) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Ects a Scenic Technology Co Inc
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the to any Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Centennial Cellular Operating Co LLC)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to the Member, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, shall replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Operating Agreement (Majestic Investor Capital Corp)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any Member or Manager, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any Person bound by this Agreement for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (MAAX Holding Co.)
Fiduciary Duty. To the extent that, at law or in equity, a -------------- Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Company or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person's good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Dynatech Corp)
Fiduciary Duty. (a) To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member for its such Covered Person’s good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (US Power Generating CO)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and related liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the to any Member for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the parties to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to any other Covered Person, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or the Member to any other Covered Person for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, replace such other duties and liabilities of the Covered Person.this
Appears in 1 contract
Samples: Limited Liability Company Agreement (Eagle Bulk Shipping Inc.)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company, then, Company or to the fullest extent permitted by applicable lawMember, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member for its such Covered Person’s good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (FNP Holdings, LLC)
Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the CompanyCompany or to the Members, then, to the fullest extent permitted by applicable law, the a Covered Person acting under this Agreement shall not be liable to the Company or to the Member Members for its good faith acts or omissions in reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, shall replace such other duties and liabilities of the such Covered Person.
Appears in 1 contract
