Costs of Litigation. In any action, suit or other proceeding commenced by a Limited Partner against the General Partner, other than a claim for indemnity under Subsection 12.2(a), the Partnership shall bear the reasonable expenses of the General Partner in any such action, suit or other proceedings in which or in relation to which the General Partner is adjudged, not to be in breach of any duty or responsibility imposed upon it hereunder, otherwise, such costs will be borne by the General Partner.
Appears in 2 contracts
Sources: Limited Partnership Agreement, Limited Partnership Agreement
Costs of Litigation. In any action, suit or other proceeding commenced by a Limited Partner against the General Partner, other than a claim for indemnity under Subsection 12.2(a), the Partnership shall bear the reasonable expenses of the General Partner required to be borne by the General Partner in any such action, suit or other proceedings in which or in relation to which the General Partner is adjudged, adjudged not to be in breach of any duty or responsibility imposed upon it hereunder, ; otherwise, such costs will be borne by the General Partner or Limited Partner, as the case may be.
Appears in 1 contract
Sources: Limited Partnership Agreement (Extendicare Real Estate Investment Trust)
Costs of Litigation. In any action, suit or other proceeding commenced by a Limited Partner against the General Partner, other than a claim for indemnity under Subsection Section 12.2(a), the Partnership shall bear the reasonable expenses (including legal fees on a solicitor and his own client basis) of the General Partner in any such action, suit or other proceedings in which or in relation to which the General Partner is adjudged, adjudged not to be in breach of any duty or responsibility imposed upon it hereunder, otherwise, otherwise such costs will be borne by the General Partner.
Appears in 1 contract
Sources: Limited Partnership Agreement (Enerplus Resources Fund)
Costs of Litigation. In any action, suit or other proceeding commenced by a Limited Partner against the General Partner, other than a claim for indemnity under Subsection 12.2(a), the Partnership shall bear the reasonable expenses of the General Partner in any such action, suit or other proceedings in which or in relation to which the General Partner is adjudged, not to be in breach of any duty or responsibility imposed upon it hereunder, otherwise, such costs will be borne by the General Partner.
Appears in 1 contract
Sources: Limited Partnership Agreement
Costs of Litigation. In any action, suit or other proceeding commenced by against a Limited Partner against director or officer of the General Partner, other than a claim for indemnity under Subsection 12.2(a), the Partnership shall bear the reasonable expenses (including legal fees on a solicitor and his own client basis) of the General Partner such director or officer in such action, suit or other proceedings and unless otherwise agreed to, such director or officer shall have carriage of any such action, suit or other proceedings in which proceeding and shall be entitled to counsel of his or in relation to which the General Partner is adjudged, not to be in breach of any duty or responsibility imposed upon it hereunder, otherwise, such costs will be borne by the General Partnerher choice.
Appears in 1 contract
Sources: Limited Partnership Agreement (Enerplus Resources Fund)