Common use of Performance of Duties Clause in Contracts

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care.

Appears in 32 contracts

Samples: Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (New Federal-Mogul Corp), Agreement and Plan of Merger (First Pactrust Bancorp Inc)

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Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any attorney or agent (which shall not include an employee of the Warrant Agent) appointed with due care.

Appears in 12 contracts

Samples: Class a Warrant Agent Agreement (Trilink Energy, Inc.), Warrant Agreement (Optical Cable Corp), Confidential Warrant Agreement

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder under this Agreement either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care).

Appears in 8 contracts

Samples: Warrant Agreement (Kinder Morgan, Inc.), Warrant Agreement (Kinder Morgan, Inc.), Warrant Agreement (KCG Holdings, Inc.)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care).

Appears in 2 contracts

Samples: Unit Purchase Agreement (Diasense Inc/Pa), Warrant Agreement Warrant Agreement (National Beauty Corp)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself (through its employees) or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care.

Appears in 1 contract

Samples: Warrant Agreement (Simba Group Inc)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any attorney or agent (which shall not include an employee of the Warrant Agent) appointed with due care. 13.4.

Appears in 1 contract

Samples: Class a Warrant Agreement (Hybrid Dynamics Corp)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employeesemployers) and shall not be responsible for the misconduct or negligence of any agent appointed with due care.

Appears in 1 contract

Samples: Warrant Agreement (Tesoro Petroleum Corp /New/)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care.

Appears in 1 contract

Samples: Warrant Agreement (Nucentrix Broadband Networks Inc)

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Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any attorney or agent (which shall not include an employee of the Warrant Agent) appointed with due care.. (d)

Appears in 1 contract

Samples: Warrant Agreement (Streamlogic Corp)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its duly appointed attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due careagents.

Appears in 1 contract

Samples: Warrant Agreement (Appaloosa Management Lp)

Performance of Duties. The Warrant Agent may execute and exercise any of --------------------- the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its duly appointed attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due careagents.

Appears in 1 contract

Samples: Warrant Agreement (Vencor Inc /New/)

Performance of Duties. The Warrant Agent may execute and exercise any of the rights Rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents (which shall not include its employees) and shall not be responsible for the misconduct or negligence of any agent appointed with due care).

Appears in 1 contract

Samples: Warrant Agreement (Oasis Resorts International Inc /Nv)

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