Common use of Contracts of the Trust Clause in Contracts

Contracts of the Trust. Every contract entered into by or on behalf of the Trust, whether by the Trustee, the Corporation, or otherwise, shall (except as the Trustee or the Corporation may otherwise expressly agree in writing with respect to their own personal liability) include a provision substantially to the following effect: The parties hereto acknowledge that the [Trustee] [Corporation] is entering into this agreement solely [in its capacity as Trustee] [on behalf] of the Trust and the obligations of the Trust hereunder shall be binding upon the [Trustee] [Corporation] only in such capacity, provided that any recourse against the [Trustee] [Corporation] or any Unitholder in any manner in respect of any indebtedness, obligation or liability of the [Trustee] [in its capacity as the Trustee] [Corporation] arising hereunder or arising in connection herewith or from the matters to which this agreement relates, if any, including without limitation claims based on negligence or otherwise tortious behaviour, shall be limited to, and satisfied only out of, the Trust Fund as defined in the third amended and restated trust indenture dated as of February 3, 2006, as amended or amended and restated from time to time. The omission of such a provision from any such written instrument shall not operate to impose personal liability on the Trustee, the Corporation or any Unitholder.

Contracts of the Trust. Every contract entered into by or on behalf of the Trust, whether by the Trustee, the Corporation, or otherwise, shall (except as the Trustee or the Corporation may otherwise expressly agree in writing with respect to their own personal liability) include a provision substantially to the following effect: The parties hereto acknowledge that the [Trustee] [Corporation] is entering into this agreement solely [in its capacity as Trustee] [on behalf] of the Trust and the obligations of the Trust hereunder shall be binding upon the [Trustee] [Corporation] only in such capacity, provided that any recourse against the [Trustee] [Corporation] or any Unitholder in any manner in respect of any indebtedness, obligation or liability of the [Trustee] [in its capacity as the Trustee] [Corporation] arising hereunder or arising in connection herewith or from the matters to which this agreement relates, if any, including without limitation claims based on negligence or otherwise tortious behaviour, shall be limited to, and satisfied only out of, the Trust Fund as defined in the third second amended and restated trust indenture dated as of February 3May 4, 20062005, as amended or amended and restated from time to time. The omission of such a provision from any such written instrument shall not operate to impose personal liability on the Trustee, the Corporation or any Unitholder.