Common use of No Liability for Advice Clause in Contracts

No Liability for Advice. The Administrator shall not be liable, answerable or accountable for any loss or damage resulting from the advice given to the Trustee by the Administrator or the exercise by the Administrator of a discretion or its refusal to exercise a discretion, provided that the Administrator acted in accordance with subsection 4.2(a) and the loss or damage suffered by the Trustee is not attributable to the Administrator’s gross negligence, wilful default, bad faith or fraud.

Appears in 2 contracts

Samples: Administration Agreement (Canetic Resources Trust), Administration Agreement (Penn West Energy Trust)

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No Liability for Advice. The Administrator shall not be liable, answerable or accountable to the Trust, the Trustee or any Unitholder for any loss or damage resulting from from, incidental to or relating to the provision of services hereunder by the Administrator, including, without limitation, any advice given to the Trustee Trust by the Administrator, any exercise of or refusal to exercise discretion by the Administrator, any mistake or error of judgment or any act or omission believed by the Administrator or to be within the exercise scope of authority conferred on it by the Administrator of a discretion or its refusal to exercise a discretionthis Agreement, provided that the Administrator acted in accordance with subsection 4.2(a) and the loss or damage suffered by the Trustee is not attributable to the Administrator’s gross negligence, wilful default, bad faith or fraud.

Appears in 1 contract

Samples: Administration Agreement (Enterra Energy Trust)

No Liability for Advice. The Administrator shall not be liable, answerable or accountable to the Trust, the Trustee or any Unitholder for any loss or damage resulting from from, incidental to or relating to the provision of services hereunder by the Administrator, including, without limitation, any advice given to the Trustee Trust by the Administrator, any exercise of or refusal to exercise discretion by the Administrator, any mistake or error of judgment or any act or omission believed by the Administrator or to be within the exercise scope of authority conferred on it by the Administrator of a discretion or its refusal to exercise a discretionthis Agreement, provided that the Administrator acted in accordance with subsection 4.2(a) and the loss or damage suffered by the Trustee is not attributable to the Administrator’s gross negligence, wilful default, bad faith or fraud5.1(a).

Appears in 1 contract

Samples: Administration Agreement (Enterra Energy Trust)

No Liability for Advice. The Administrator shall not be liable, answerable or accountable for any loss or damage resulting from the advice given to the Trustee RSI by the Administrator or the exercise by the Administrator of a discretion or its refusal to exercise a discretion, provided that the Administrator has acted in accordance with subsection 4.2(a) and the loss or damage suffered by the Trustee is not attributable to the Administrator’s gross negligence, wilful default, bad faith or fraudsection 4.1(a).

Appears in 1 contract

Samples: Administration Agreement

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No Liability for Advice. The Administrator shall not be liable, answerable or accountable for any loss or damage resulting from the advice given to the Trustee Trust by the Administrator or the exercise by the Administrator of a its discretion or its refusal to exercise a its discretion, provided that the Administrator acted in accordance with subsection 4.2(a) and the loss or damage suffered by the Trustee is not attributable to the Administrator’s gross negligence, wilful default, bad faith or fraud).

Appears in 1 contract

Samples: Administration Agreement (Canetic Resources Trust)

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