Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this Declaration. The provisions of this Declaration, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the Indemnified Person.
Appears in 24 contracts
Samples: State National Bancshares, Inc., Coast Bancorp/Ca, First Community Bancorp /Ca/
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this Declaration. The provisions of this Declaration, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.;
Appears in 6 contracts
Samples: Trust Agreement (SFS Capital Trust Ii), Trust Agreement (Bancorp Hawaii Capital Trust I), Trust Agreement (KBK Capital Trust I)
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust Partnership or to any other Covered Person, an Indemnified Person acting under this Declaration Agreement shall not be liable to the Trust Partnership or to any other Covered Person for its good faith reliance on the provisions of this DeclarationAgreement or the advice of counsel selected by the Indemnified Person in good faith. The provisions of this DeclarationAgreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 4 contracts
Samples: Met Ed Capital Trust, Penelec Capital Trust, Metropolitan Edison Co
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration Agreement shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this DeclarationAgreement. The provisions of this DeclarationAgreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 4 contracts
Samples: Trust Agreement (Deutsche Bank Capital Funding LLC IX), Trust Agreement (Deutsche Bank Capital Funding Trust VIII), Trust Agreement (Deutsche Bank Capital Funding Trust XII)
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust Partnership or to any other Covered Person, an Indemnified Person acting under this Declaration Agreement shall not be liable to the Trust Partnership or to any other Covered Person for its good faith reliance on the provisions of this DeclarationAgreement. The provisions of this DeclarationAgreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 3 contracts
Samples: Entergy Power Uk PLC, Entergy London Capital Lp, Textron Inc
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration Trust Agreement shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this DeclarationTrust Agreement. The provisions of this DeclarationTrust Agreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person; provided, however, nothing herein shall be construed to limit the implied duty of good faith and fair dealing.
Appears in 2 contracts
Samples: Trust Agreement (Nexity Financial Corp), Trust Agreement (Waccamaw Bankshares Inc)
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration Trust Agreement shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this DeclarationTrust Agreement. The provisions of this DeclarationTrust Agreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 1 contract
Samples: Voting Agreement and Irrevocable Proxy (HMP Equity Holdings CORP)
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust or to any other Covered Person, an Indemnified Person acting under this Declaration shall not be liable to the Trust or to any other Covered Person for its good faith reliance on the provisions of this Declaration. The provisions of this Declaration, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 1 contract
Fiduciary Duty. (a) To the extent that, at law or in equity, an Indemnified Person has duties (including fiduciary duties) and liabilities relating thereto to the Trust LLC or to any other Covered Person, an Indemnified Person acting under this Declaration Agreement shall not be liable to the Trust LLC or to any other Covered Person for its good faith reliance on the provisions of this DeclarationAgreement. The provisions of this DeclarationAgreement, to the extent that they restrict the duties and liabilities of an Indemnified Person otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the such Indemnified Person.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Lehman Brothers Holdings E-Capital Trust I)
