Common use of Liability of Sponsor and Indemnification Clause in Contracts

Liability of Sponsor and Indemnification. (a) The Sponsor shall not be under any liability to the Trustee or any Beneficial Owner for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the sale of any Gold or other assets held in trust hereunder; provided, however, that this provision shall not protect the Sponsor against any liability to which it would otherwise be subject by reason of its own gross negligence, bad faith, willful misconduct or willful malfeasance in the performance of its duties hereunder or reckless disregard of its obligations and duties hereunder. The Sponsor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel or by any other person for any matters arising hereunder. The Sponsor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation to any Beneficial Owner or to the Trustee other than as expressly provided for herein.

Appears in 5 contracts

Samples: Agreement (Equity Gold Trust), Agreement (Equity Gold Trust), Agreement (Equity Gold Trust)

AutoNDA by SimpleDocs

Liability of Sponsor and Indemnification. (a) The Sponsor shall not be under any liability to the Trustee or any Beneficial Owner Unitholder for any action taken or for refraining from the taking of any action in good faith pursuant to this AgreementDeclaration of Trust, or for errors in judgment or for depreciation or loss incurred by reason of the sale of any Gold or other assets held in trust hereunder; provided, however, that this provision shall not protect the Sponsor against any liability to which it would otherwise be subject by reason of its own gross negligence, bad faith, willful misconduct or willful malfeasance in the performance of its duties hereunder or reckless disregard of its obligations and duties hereunder. The Sponsor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's ’s counsel or by any other person for any matters arising hereunder. The Sponsor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation to any Beneficial Owner Unitholder or to the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global Currency Gold Trust)

Liability of Sponsor and Indemnification. (a) The Sponsor shall not be under any liability to the Trustee Trust, the Trustee, or any Beneficial Owner for any action taken or for refraining from the taking of any action in good faith pursuant and believed by it to be authorized or within its discretion, rights, or powers conferred upon it by this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any Gold or other assets held in trust hereunderSecurities; provided, however, that this provision shall not protect the Sponsor against any liability to which it would otherwise be subject by reason of its own gross negligence, bad faith, willful misconduct wilful misconduct, or willful wilful malfeasance in the performance of its duties hereunder or the reckless disregard of its obligations and duties hereunder. The Sponsor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft draft, or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel counsel, or by any other person for any matters arising hereunder. The Sponsor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation obligation, to any Beneficial Owner or to the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Nasdaq 100 Trust Series 1

Liability of Sponsor and Indemnification. (a) The Sponsor shall not be under any liability to the Trustee or any Beneficial Owner Shareholder for any action taken or for refraining from the taking of any action in good faith pursuant to this AgreementDeclaration of Trust, or for errors in judgment or for depreciation or loss incurred by reason of the sale of any Gold or other assets held in trust hereunder; provided, however, that this provision shall not protect the Sponsor against any liability to which it would otherwise be subject by reason of its own gross negligence, bad faith, willful misconduct or willful malfeasance in the performance of its duties hereunder or reckless disregard of its obligations and duties hereunder. The Sponsor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's ’s counsel or by any other person for any matters arising hereunder. The Sponsor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation to any Beneficial Owner Shareholder or to the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global Currency Gold Trust)

AutoNDA by SimpleDocs

Liability of Sponsor and Indemnification. (a) The ---------------------------------------- Sponsor shall not be under any liability to the Trustee Trust, the Trustee, or any Beneficial Owner for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment or for depreciation or loss incurred by reason of the purchase or sale of any Gold or other assets held in trust hereunderSecurities; provided, however, that this provision shall not protect the Sponsor against any liability to which it would otherwise be subject by reason of its own gross negligence, bad faith, willful wilful misconduct or willful wilful malfeasance in the performance of its duties hereunder or reckless disregard of its obligations and duties hereunder. The Sponsor may rely in good faith on any paper, order, notice, list, affidavit, receipt, evaluation, opinion, endorsement, assignment, draft or any other document of any kind prima facie properly executed and submitted to it by the Trustee, the Trustee's counsel or by any other person for any matters arising hereunder. The Sponsor shall in no event be deemed to have assumed or incurred any liability, duty, or obligation to any Beneficial Owner or to the Trustee other than as expressly provided for herein.

Appears in 1 contract

Samples: Diamonds Trust Series I

Time is Money Join Law Insider Premium to draft better contracts faster.