Liability of the Evaluator Clause Samples
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Liability of the Evaluator. The Trustee, the Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.
Liability of the Evaluator. The Trustee, the Depositor and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unitholders except for any liability to which it would be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.
Liability of the Evaluator. The Trustee, the Depositor (if separate from the Evaluator) and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The Trustee, the Depositor (if separate from the Evaluator) and the Unitholders may rely on any evaluation furnished by the Depositor and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator and the Depositor hereunder shall be made in good faith. The Evaluator and the Depositor shall be under no liability to the Trustee, the Depositor or the Unitholders except for any liability to which it would be subject by reason of wilful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.