Common use of Duties and Powers of Trustee Clause in Contracts

Duties and Powers of Trustee. 7.1 The Trustee shall comply with the provisions of the Rules and the Constitutive Documents for any act or matter to be done by it in the performance of its duties and such acts or matters may also be performed on behalf of the Trustee by any officer or responsible official of the Trustee or by any nominee or agent appointed by the Trustee. 43[ ] Provided that the Trustee shall be responsible for the acts and omissions of all persons to whom it may delegate any of its duties, as if these were its own acts and omissions and shall account to the Trust for any loss in value of the Deposited Property where such loss has been caused by negligence or any reckless or willful act and/ or omission of the Trustee or any of its directors, officers, nominees or agents. 7.2 The Trustee shall exercise all due diligence and vigilance in carrying out its duties and in protecting the interests of the Holders. The Trustee shall not be under any liability on account of anything done or suffered by the Trustee in good faith in accordance with or in pursuance of any request of the Management Company provided they are not in conflict with the provisions of the Constitutive Documents or the Rules. Whenever pursuant to any provision of this Deed or the Rules. Whenever pursuant to any provisions of this Deed any certificate, notice, direction, instruction or other communication is to be given by the Management Company to the Trustee, the Trustee may accept as sufficient evidence thereof a document signed or purporting to be signed on behalf of the Management Company by any person whose signature the Trustee is for the time being authorised in writing by the Management Company to accept. 7.3 The Trustee shall carry out the instructions of the Management Company in all matters including investment and disposition of the Deposited Property, if such instructions are not in conflict with the provisions of the Constitutive Documents or the Rules or any applicable law and regulations. 7.4 44[ ]

Duties and Powers of Trustee. 7.1 18.1 The Trustee shall comply with the provisions of the Rules and the Constitutive Documents for any act or matter to be done by it in the performance of its duties and such acts or matters may also be performed on behalf of the Trustee by any any: (a) officer or responsible official of the Trustee Trustee; or by any (b) nominee or agent appointed by the Trustee. 43[ ] Provided Trustee with the written approval of the Management Company; provided that the Trustee shall be responsible for the acts and omissions of all persons to whom it may delegate any of its duties, duties as if these they were its own acts and omissions and shall account to the Trust for any loss in value of the Deposited Trust Property where such loss has been caused by negligence or any reckless or willful act and/ or and/or omission of the Trustee or any of its directors, officers, nominees or agents. 7.2 18.2 The Trustee shall exercise all due diligence and vigilance in carrying out its duties and in protecting the interests interest of the Unit Holders. The Trustee shall not be under any liability on account of anything done or suffered by the Trustee in good faith in accordance with or in pursuance of any request of the Management Company provided they are not in conflict with the provisions of the Constitutive Documents or the Rules. Whenever of the Unit Holders. The Trustee shall not be under any liability on account of anything done or suffered by the Trustee in good faith in accordance with or in pursuance of any request of the Management Company provided they are not in conflict with the provisions of the Constitutive Documents or the Rules. Whenever pursuant to any provision of this Deed or the Rules. Whenever pursuant to any provisions of this Deed any certificate, notice, direction, instruction or other communication is to be given by the Management Company to the Trustee, the Trustee may accept as sufficient evidence thereof a document signed or purporting to be signed on behalf of the Management Company by any person person(s) whose signature the Trustee is for the time being authorised authorized in writing by the Management Company to accept. 7.3 The Trustee shall carry out the instructions of the Management Company in all matters including investment and disposition of the Deposited Property, if such instructions are not in conflict with the provisions of the Constitutive Documents or the Rules or any applicable law and regulations. 7.4 44[ ]

Duties and Powers of Trustee. 7.1 In sub-clause 7.9, the word “reasonable” before the words “legal fee” in the second sentence under the sub-clause, shall be deleted. For the sake of clarity, it is stated that after the said amendment, sub-clause 7.9 is read as under: The Trustee shall comply with the provisions of the Rules and the Constitutive Documents for shall, if requested by Management Company, institute or defend any act suit, proceeding, arbitration or matter to be done by it inquiry or any corporate or shareholders’ action in the performance of its duties and such acts or matters may also be performed on behalf of the Trustee by any officer or responsible official of the Trustee or by any nominee or agent appointed by the Trustee. 43[ ] Provided that the Trustee shall be responsible for the acts and omissions of all persons to whom it may delegate any of its duties, as if these were its own acts and omissions and shall account to the Trust for any loss in value respect of the Deposited Property where such loss has been caused by negligence or any reckless part thereof, with full powers to sign, swear, verify and submit pleading and affidavits, to file documents, to give evidence, to appoint and remove counsel and to do all incidental acts, things and deeds through he Trustee’s authorised directors and officers. All costs, charges and expenses (including legal fees) incurred in instituting or willful act and/ or omission of the Trustee or defending any of its directors, officers, nominees or agents. 7.2 The Trustee such action shall exercise all due diligence and vigilance in carrying out its duties and in protecting the interests of the Holders. The Trustee shall not be under any liability on account of anything done or suffered by the Deposited Property and the Trustee shall (out of the Deposited Property) be indemnified against all such costs, charges and expenses: Provided that no such indemnity shall be available in good faith in accordance with or in pursuance respect of any request action taken against the Trustee for negligence or breach of fiduciary duties in connection with its duties as the Management Company provided they are not in conflict with the provisions of the Constitutive Documents or the Rules. Whenever pursuant to any provision of Trustee under this Deed or the Rules. Whenever pursuant to any provisions of this Deed any certificate, notice, direction, instruction or other communication is to be given by The Trustee and the Management Company to the Trusteeshall not be liable in respect of any losses, the Trustee may accept as sufficient evidence thereof a document signed claims, damages or purporting to be signed on behalf of the Management Company by any person whose signature the Trustee is for the time being authorised in writing other liabilities whatsoever suffered or incurred by the Management Company Trust arising from or consequent to acceptany such suit, proceeding, arbitration or inquiry or corporate or shareholders’ action or otherwise howsoever and (save as herein otherwise provided), all such losses, claims, damages and other liabilities shall be borne by the Trust. 7.3 The Trustee shall carry out the instructions of the Management Company in all matters including investment and disposition of the Deposited Property, if such instructions are not in conflict with the provisions of the Constitutive Documents or the Rules or any applicable law and regulations. 7.4 44[ ]