Limitation of Liability of the Trustees. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by The Bank of New York not in its individual capacity but solely as Indenture Trustee and in no event shall The Bank of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
Limitation of Liability of the Trustees. A copy of the Certificate of Trust of the Trust is on file with the Secretary of the State of Delaware, and notice is hereby given that the Trust’s Agreement and Declaration of Trust is executed on behalf of the Trustees of the Trust as Trustees and not individually and that the obligations of the Agreement and Declaration of Trust is not binding upon any of the Trustees individually but is binding only upon the assets and property of the applicable Portfolio.
Limitation of Liability of the Trustees. The Trustees of the Trust have authorized the execution of this Agreement in their capacity as Trustees and not individually, and the Adviser agrees that neither the past, present or future Trustees nor any officer or employee of the Trust nor any Fund’s investors nor any representative or agent of the Trust or of the Fund(s) shall be personally liable upon, or shall resort be had to their private property for the satisfaction of, obligations given, executed or delivered on behalf of or by the Trust or the Fund(s), that such past, present or future Trustees, officers, employees, investors, representatives and agents shall not be personally liable hereunder, and that it shall look solely to the Trust property for the satisfaction of any claim hereunder.
Limitation of Liability of the Trustees. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by The Bank of New York not in its individual capacity but solely as Indenture Trustee and in no event shall The Bank of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement in performance of its rights and duties hereunder, the Indenture Trustee shall be entitled to the benefits of Article VI of the Indenture.
Limitation of Liability of the Trustees. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by Citibank N.A., not in its individual capacity but solely as Indenture Trustee, and in no event shall Citibank, N.A. have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
Limitation of Liability of the Trustees. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by LaSalle Bank National Association, not in its individual capacity but solely as Indenture Trustee, and in no event shall LaSalle Bank National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
Limitation of Liability of the Trustees. (a) --------------------------------------- Notwithstanding anything contained herein to the contrary (i) this Agreement has been accepted by ______________________, not in its individual capacity but solely as the Indenture Trustee and in no event shall _________________________ have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller or Trust hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller or Trust and (ii) under no circumstances shall _________________________ be personally liable for the payment of any indebtedness or expenses of the Trust; provided, however, -------- ------- nothing contained herein shall relieve _________________________ of its obligations contained herein in its capacity as successor servicer.
Limitation of Liability of the Trustees. (a) Each of Macquarie Specialised Asset Management Limited and Macquarie Australian Infrastructure Management 1 Limited (together, the “Trustees”) enters into this agreement in its capacity as trustee of the MAIF Investment Trust, PGGM Ibis LP Trust and Scissor Holdings Trust (as applicable) (“Relevant Trust”), and in no other capacity. (b) The parties acknowledge that each Trustee incurs Trustee Liabilities solely in its capacity as trustee of the Relevant Trust. (c) Subject to paragraph (e), a Trustee Liability may be enforced against the relevant Trustee only to the extent to which: the Trustee is actually indemnified in respect of that Trustee Liability out of the property of the Relevant Trust; and there is sufficient property held by the Trustee as trustee at the time, which is available to meet the indemnity (after all Trust assets have been allocated to meet the indemnity and any other valid claims). (d) Subject to paragraph (e), no person will be entitled to: claim from or commence proceedings against the Trustee in respect of any Trustee Liability in any capacity other than as trustee of the Relevant Trust; enforce or seek to enforce any judgment in respect of any Trustee Liability against any property of the Trustee other than property held by the Trustee as trustee of the Relevant Trust; take any steps to procure or support the appointment of a liquidator, administrator or any other similar office holder to the Trustee on the basis of a Trustee Liability, or prove in any liquidation, administration or arrangement of or affecting the Trustee; or 34
Limitation of Liability of the Trustees. Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by The Bank of New York not in its individual capacity but solely as Indenture Trustee and in no event shall The Bank of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement in performance of its rights and duties hereunder, the Indenture Trustee shall be entitled to the benefits of Article VI of the Indenture. Notwithstanding anything contained herein to the contrary, this Agreement has been executed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Trust Agreement.
Limitation of Liability of the Trustees. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by not ----------------------------- in its individual capacity but solely as Indenture Trustee and in no event shall have any liability for the representations, -------------------------------- warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
