Common use of Additional Trustee Provisions Clause in Contracts

Additional Trustee Provisions. (a) No provision of this New York Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this New York Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this New York Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought. (b) Trustee shall not be responsible for the existence, genuineness or value of any of the Assets or for the validity, perfection, priority or enforceability of the liens in any of the Assets, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder, except to the extent such action or omission constitutes negligence, bad faith or willful misconduct on the part of Trustee, for the validity of title to the Assets, for insuring the Assets or for the payment of taxes, charges, assessments or liens upon the Assets. (c) Trustee may confer with counsel of its own choice in relation to matters arising under this New York Trust Agreement and shall have full and complete authorization from the other Parties hereunder for any action taken or suffered by it under this New York Trust Agreement or under any transaction contemplated hereby in good faith and in accordance with opinion of such counsel. (d) Trustee shall not be required to use its own funds in the performance of any of its obligations or duties or the exercise of any of its rights or powers.

Additional Trustee Provisions. (a) No provision of this New York Supplemental Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this New York Supplemental Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this New York Supplemental Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought. (b) Trustee shall not be responsible for the existence, genuineness or value of any of the Assets or for the validity, perfection, priority or enforceability of the liens in any of the Assets, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder, except to the extent such action or omission constitutes negligence, bad faith or willful misconduct on the part of Trustee, for the validity of title to the Assets, for insuring the Assets or for the payment of taxes, charges, assessments or liens upon the Assets. (c) Trustee may confer with counsel of its own choice in relation to matters arising under this New York Supplemental Trust Agreement and shall have full and complete authorization from the other Parties hereunder for any action taken or suffered by it under this New York Supplemental Trust Agreement or under any transaction contemplated hereby in good faith and in accordance with opinion of such counsel. (d) Trustee shall not be required to use its own funds in the performance of any of its obligations or duties or the exercise of any of its rights or powers.

Additional Trustee Provisions. (a) No provision of this New York Supplemental Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this New York Supplemental Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this New York Supplemental Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought. (b) Trustee shall not be responsible for the existence, genuineness or value of any of the Assets or for the validity, perfection, priority or enforceability of the liens in any of the Assets, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder, except to the extent such action or omission constitutes negligence, bad faith or willful misconduct on the part of Trustee, for the validity of title to the Assets, for insuring the Assets or for the payment of taxes, charges, assessments or liens upon the Assets. (c) Trustee may confer with counsel of its own choice in relation to matters arising under this New York Supplemental Trust Agreement and shall have full and complete authorization from the other Parties hereunder for any action taken or suffered by it under this New York Supplemental Trust Agreement or under any transaction contemplated hereby in good faith and in accordance with opinion of such counsel. (d) Trustee shall not be required to use its own funds in the performance of any of its obligations or duties or the exercise of any of its rights or powers.

Additional Trustee Provisions. (a) No provision of this New York Reinsurance Trust Agreement shall require Trustee to take any action which would result in any violation of applicable law. Anything in this New York Reinsurance Trust Agreement to the contrary notwithstanding, in no event shall Trustee be liable under or in connection with this New York Reinsurance Trust Agreement for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever, including but not limited to lost profits, whether or not foreseeable, even if Trustee has been advised of the possibility thereof and regardless of the form of action in which such damages are sought. (b) Trustee shall not be responsible for the existence, genuineness or value of any of the Assets or for the validity, perfection, priority or enforceability of the liens in any of the Assets, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder, except to the extent such action or omission constitutes negligence, bad faith or willful misconduct on the part of Trustee, for the validity of title to the Assets, for insuring the Assets or for the payment of taxes, charges, assessments or liens upon the Assets. (c) Trustee may confer with counsel of its own choice in relation to matters arising under this New York Reinsurance Trust Agreement and shall have full and complete authorization from the other Parties hereunder for any action taken or suffered by it under this New York Reinsurance Trust Agreement or under any transaction contemplated hereby in good faith and in accordance with opinion of such counsel. (d) Trustee shall not be required to use its own funds in the performance of any of its obligations or duties or the exercise of any of its rights or powers.