Obligations of the Sponsor. (a) The Sponsor does not assume any obligation nor shall it be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner or Depositor (including liability with respect to the worth of the Trust Property), except that the Sponsor agrees to perform its obligations specifically set forth in this Agreement without negligence or bad faith.
Appears in 23 contracts
Samples: Depositary Trust Agreement, Depositary Trust Agreement (Currencyshares Swiss Franc Trust), Depositary Trust Agreement (Currencyshares British Pound Sterling Trust)
Obligations of the Sponsor. (a) The Sponsor does not assume any obligation nor and it shall it not be subject to any liability under this Trust Agreement to any Registered Owner or Shareholder, Beneficial Owner or Depositor Authorized Participant (including liability with respect to the worth of the Trust PropertyEstate), except that the Sponsor it agrees to perform its obligations specifically set forth in this Trust Agreement without gross negligence or bad faith.
Appears in 4 contracts
Samples: Trust Agreement (WisdomTree Coal Fund), Trust Agreement (GreenHaven Coal Fund), Trust Agreement (GreenHaven Coal Fund)
Obligations of the Sponsor. (a) The Sponsor does not assume any duty, obligation or responsibility nor shall it be subject to any liability under this Trust Agreement to any Registered Owner Shareholder or Beneficial Owner or Depositor Authorized Participant (including liability with respect to the worth value of the any Trust PropertyEstate), except that the Sponsor it agrees to perform its duties, obligations and responsibilities specifically set forth in this Trust Agreement without negligence gross negligence, bad faith or bad faithwillful misconduct.
Appears in 3 contracts
Samples: Trust Agreement (AccuShares Trust I), Trust Agreement (AccuShares Commodities Trust I), Trust Agreement (AccuShares Commodities Trust I)
Obligations of the Sponsor. (a) The Sponsor does not assume any obligation nor shall it be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner or Depositor (including liability with respect to the worth of the Trust Property), except that the Sponsor agrees to perform its obligations specifically set forth in this Agreement without negligence or bad faith. In no event shall the Sponsor be liable for any indirect, consequential, punitive or special damages, regardless of the form of action and whether or not any such damages were foreseeable or contemplated.
Appears in 3 contracts
Samples: Depositary Trust Agreement (Currencyshares Chinese Renminbi Trust), Trust Agreement (Currencyshares Chinese Renminbi Trust), Depositary Trust Agreement (Currencyshares Chinese Renminbi Trust)
Obligations of the Sponsor. (a) The Sponsor does not assume any obligation nor shall it be subject to any liability under this Agreement to any Registered Owner or Beneficial Owner Owner, or Depositor Authorized Participant (including liability with respect to the worth of the Trust Property), except that the Sponsor each of them agrees to perform its obligations specifically set forth in this Agreement without negligence gross negligence, bad faith or bad faithwillful misconduct.
Appears in 2 contracts
Samples: Trust Agreement (Sprott ESG Gold ETF), Trust Agreement (Wilshire wShares Enhanced Gold Trust)
Obligations of the Sponsor. (a) The Sponsor does not assume any obligation nor shall it be subject to any liability under this Trust Agreement to any Registered Owner or Shareholder, Beneficial Owner or Depositor Authorized Participant (including liability with respect to the worth of the Trust PropertyEstate), except that the Sponsor it agrees to perform its obligations specifically set forth in this Trust Agreement without gross negligence or bad faith.
Appears in 2 contracts
Samples: Trust Agreement (ETFS Collateralized Commodities Trust), Trust Agreement (ETFS Collateralized Commodities Trust)
