Notice of Limitation of Liability. The Board of Trustees or the Manager shall use its best efforts, in the conduct of the Trust's business, to put all suppliers and other Persons with whom the Trust does business on notice that the Shareholders, the Trustees, and the Manager are not liable for the Trust's obligations and that such suppliers and other Persons shall look solely to the assets of the Trust for payment, and all agreements to which the Trust is a party shall include a statement to the effect that the Trust is a statutory trust organized under the Trust Act; but the Board of Trustees or the Manager shall not be liable for any failure to give such notice to such suppliers or other Persons and any failure in giving such notice shall not imply that the Shareholders, the Managing Trustees, the Manager and the Registered Trustee are liable for the Trust's obligations.
Notice of Limitation of Liability. A copy of the Agreement and Declaration of Trust of each Fidelity fund or series investment company (each, a "Fund") that is a Massachusetts business trust is on file with the Secretary of State of The Commonwealth of Massachusetts and notice is hereby given that this Agreement is executed on behalf of the Trustees of the relevant Fund as Trustees and not individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding only upon the assets property of such Fund.
Notice of Limitation of Liability. Participant and Distributor are expressly put on notice of the limitation of shareholder liability as set forth in the Declaration of Trust or other organizational document of the Funds and agree that any obligation assumed by the Fund under this contract shall be limited in all cases to the Fund and its assets. Participant or Distributor shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Fund. Nor shall the Participant or Distributor seek satisfaction from the Trustees or any individual Trustee of the Fund. Participant and Distributor understand that the rights and obligations of each series of shares of the Fund under its Declaration of Trust or other organizational document are separate and distinct from those of any and all other series.
Notice of Limitation of Liability. Pursuant to Section 10.6 of the Origination Trust Agreement and Section 12.7 of the Owner Trust Agreement, all suppliers and Persons with whom the Origination Trust and the Owner Trust do business are on notice that the Shareholders, the Trustees, and the Manager (each as defined in the Origination Trust Agreement) and the Senior Holder, Residual Holder, Trustees and Manager (each as defined in the Owner Trust Agreement) are not liable for the obligations of the Origination Trust or the Owner Trust, and all suppliers and persons shall look solely to the assets of the Origination Trust or the Owner Trust, as the case may be, for payment. The Origination Trust and the Owner Trust are both business trusts created under the Trust Act; but the Board of Trustees or Manager of neither the Origination Trust nor the Owner Trust shall be liable for failure to give notice to such Persons, and any failure to give such notice shall not imply that the Shareholders, the Managing Trustees, the Manager, and the Registered Trustee are liable for the Origination Trust's obligations, nor shall such failure imply that the Senior Holder, Residual Holder, Managing Trustees, the Manager and the Registered Trustee are liable for the Owner Trust's obligations.
Notice of Limitation of Liability. The Advisor acknowledges that it has received notice of and accepts the limitations of the Trust’s liability set forth in Article VII, Section 1 of its Agreement and Declaration of Trust. The Advisor agrees that the Trust’s obligations under this Agreement with respect to the Trust shall be limited to the Fund and to the Fund’s assets, and that the Advisor shall not seek satisfaction of any such obligation from the shareholders of the Fund nor from any trustee, officer, employee or agent of the Trust or the Fund.
Notice of Limitation of Liability. Pursuant to Section 10.6 of the Origination Trust Agreement, all Persons with whom the Origination Trust does business are on notice that the Shareholders, the Trustees, and the Manager (each as defined in the Origination Trust Agreement) are not liable for the Origination Trust's obligations, and all persons shall look solely to the assets of the Origination Trust for payment. The Origination Trust is a business trust created under the Trust Act; but the Board of Trustees or Manager shall not be liable for failure to give notice to such Persons, and any failure to give such notice shall not imply that the Shareholders, the Managing Trustees, the Manager, and the Registered Trustee are liable for the Trust's obligations.
Notice of Limitation of Liability. A copy of the Agreement and Declaration of Trust 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 or arising out of this instrument are not binding upon any the Trustees, officers or shareholders individually but are binding only upon the assets and property of the Fund.
Notice of Limitation of Liability. 16 CONTRIBUTION AGREEMENT (the "Agreement"), dated as of May 21, 1998, by and between CHARTER MAC ORIGINATION TRUST I, a Delaware business trust (the "Origination Trust"), and CHARTER MAC OWNER TRUST I, a Delaware business trust (the "Owner Trust").
Notice of Limitation of Liability. A copy of the Agreement and Declaration of Trust of each Fidelity fund or series investment company (each, a "Fund") that is a Massachusetts business trust is on file with the Secretary of State of The Commonwealth of Massachusetts and notice is hereby given that this Agreement is executed on behalf of the Trustees of the relevant Fund as Trustees and not individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding only upon the assets property of such Fund. Please confirm that the foregoing correctly sets forth the agreement among the Company and the Holders. Very truly yours, RITE AID CORPORATION, By:__________________________________ Name: Xxxxxx X. Xxxxxx Title: Senior Executive Vice President, General Counsel and Assistant Secretary THRIFTY PAYLESS, INC., as a Subsidiary Guarantor, By:__________________________________ Name: Title: EACH OF THE SUBSIDIARY GUARANTORS LISTED ON SCHEDULE A HERETO, By:__________________________________ Name: Title: Authorized Signatory Accepted: HOLDERS OF THE SECURITIES By: State Street Bank and Trust Company, on behalf of the Holders in its capacity as Trustee, By:___________________________ Name: Title: SCHEDULE I Exchanging Holders
Notice of Limitation of Liability. A copy of the Agreement and Declaration of Trust of each Fidelity fund or series investment company (each, a "Fund") that is a Massachusetts business trust is on file with the Secretary of State of The Commonwealth of Massachusetts and notice is hereby given that this Agreement is executed on behalf of the Trustees of the relevant Fund as Trustees and not individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding only upon the assets property of such Fund. BEFORE EXECUTING THIS AGREEMENT, THE EXCHANGING HOLDER SHOULD CONSULT WITH ITS TAX ADVISORS REGARDING THE CONSEQUENCES OF THE EXCHANGE OFFER AND OWNERSHIP OF THE EXCHANGE NOTES, THE WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THE WARRANT.
