Liability of Trustees. A copy of the Declaration of Trust of the Fund is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the trustees of the Fund as trustees and not individually and that the obligations of this instrument are not binding upon any of the trustees or shareholders individually but are binding only upon the assets and property of the Fund. No provision of this Agreement shall be construed to protect any trustee or officer of the Fund or director or officer of the Aetna, from liability in violation of Section 17(h) and (i) of the 1940 Act.
Liability of Trustees. 10.1 A Trustee shall only be liable for losses attributable to his or her dishonesty or to his or her wilful commission or omission of an act which he or she knows or should have known to be a breach of this Trust Deed. In particular, no Trustee shall be bound to take, or be liable for failing to take, any proceedings against another Trustee for any such breach or alleged breach.
Liability of Trustees. The Trustees shall not be liable in their personal capacity for any loss arising out of any act, omission or error in judgment made in good faith in the execution of their powers and duties under this Indenture, nor shall they be personally liable for any debt or liability incurred by or on behalf of the Trust or for any other liability, obligation or debt arising out of the administration or existence of the Trust; provided however that the Trustees are not exempted from personal liability for any loss arising out of an act, omission or error in judgment of the Trustees through negligence or through wilful misconduct or by acting in bad faith.
Liability of Trustees. A copy of the Lender’s Trust Agreement and Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and notice is hereby given that this agreement is executed on behalf of the Board of Trustees of the Lender as trustees and not individually. The obligations of the Lender are not personally binding upon, nor shall resort be had to the property of, any of the trustees, shareholders, officers, employees or agents of the Lender, but only the property of the Lender shall be bound.
Liability of Trustees. The Trustees shall incur no liability, either collectively or individually, in acting in accordance with this Agreement, data or information believed by them to be genuine and accurate and to have been made, executed, delivered or assembled by the proper parties. No Trustee shall be liable for the act or omission of any other Trustee. No Trustee shall incur any liability as a result of acting in good faith on the basis of the actions, opinion or advice of the Administrative Agent in respect of any matter relating to the administration, or investment, as applicable of the Trust, the Fund or a Plan. Provided reasonable care was used by the Trustees in the engagement and continued retention of the Administrative Agent, no Trustee shall incur any liability in respect of such engagement or retainer. No Trustee shall be liable for any honest error of judgment nor shall any Trustee be personally liable for any obligations of the Trust or a Plan, except for obligations arising out of his or her own dishonesty, willful misconduct or gross negligence.
Liability of Trustees. The Trustees shall incur no liability, either collectively or individually, in acting in accordance with this Agreement, data or information believed by them to be genuine and accurate and to have been made, executed, delivered or assembled by the proper parties. No Trustee shall be liable for the act or omission of any other Trustee. No Trustee shall incur any liability as a result of acting in good faith on (i) the actions, opinions or advice of the Administrative Agent as provided in Article 11.3 or (ii) provided reasonable care was used by the Trustees in the engagement and continued retention of any Administrative Agent appointed after the initial term or any person referred to in paragraphs 11.10(o) or (q), the actions, opinions or advice of such Administrative Agent or person in respect of any matter relating to the administration, or investment, as applicable of the Trust, the Fund or a Plan. No Trustee shall be liable for any honest error of judgement, nor shall any Trustee be personally liable for any obligations of the Trust or a Plan, except for obligations arising out of his or her own dishonesty, wilful misconduct or gross negligence.
Liability of Trustees. The Trust’s Declaration of Trust, as amended from time to time, establishing the Trust, which is hereby referred to and a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, provides that the names Xxxxxxx Investment Company and Xxxxxxx Investment Funds means the Trustees from time to time serving (as Trustees but not personally) under said Declaration of Trust. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by the President of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.
Liability of Trustees. No Trustee shall be answerable for loss in investments made in good faith. No Trustee shall be liable for the acts or omissions of any other Trustee, or of any accountant, agent, counsel, or custodian selected with reasonable care. Each Trustee shall be fully protected in acting upon any instrument, certificate, or paper, believed by that Trustee to be genuine and to be signed or presented by the proper person or persons, and no Trustee shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statements. Except as otherwise required by the New Mexico Uniform Trust Code, no Trustee shall be held personally liable for any damages resulting from any negligent act or omission of an employee of the Foundation; any negligent act or omission of another Trustee; or any action taken as a Trustee or any failure to take any action as a Trustee unless the Trustee has breached or failed to perform the duties of Trustee; and the breach or failure to perform constitutes willful misconduct or recklessness. The shareholders of Donor, at the time of the creation of this Foundation (prior to the closing of the merger) and their heirs shall have standing to seek judicial action to ensure compliance with the terms hereof by the Trustees.
Liability of Trustees. SHAREHOLDERS, OFFICERS EMPLOYEES AND AGENTS, AND OTHER MATTERS
Liability of Trustees. OFFICERS, SHAREHOLDERS. NOTICE IS XXXXXX GIVEN THAT THIS AGREEMENT IS NOT EXECUTED ON BEHALF OF THE TRUSTEES OF ANY TRUST AS INDIVIDUALS, AND THE OBLIGATIONS OF THIS AGREEMENT ARE NOT BINDING UPON ANY OF THE TRUSTEES, OFFICERS OR SHAREHOLDERS OF A TRUST INDIVIDUALLY, BUT ARE BINDING ONLY UPON THE ASSETS AND PROPERTY OF THE TRUST'S FUNDS. NFS AGREES THAT NO SHAREHOLDER, TRUSTEE, OR OFFICER OF A TRUST MAY BE HELD PERSONALLY LIABLE OR RESPONSIBLE FOR ANY OBLIGATIONS OF A TRUST ARISING OUT OF THIS AGREEMENT.
