Common use of Express Exculpatory Clauses in Instruments Clause in Contracts

Express Exculpatory Clauses in Instruments. As far as practicable, the Trustees shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries nor the Trustees shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Corpus for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiaries or any Trustee liable nor shall the Trustees be liable to anyone for such omission.

Appears in 2 contracts

Sources: Liquidating Trust Agreement (Consumers Financial Corp), Liquidating Trust Agreement (Consumers Financial Corp)

Express Exculpatory Clauses in Instruments. As far as practicable, the Trustees shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries nor the Trustees shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Corpus Estate for the payment of any claim thereunder or the performance thereof; provided, however, that that, the omission of such provision from any such instrument shall not render the Beneficiaries or any Trustee the Trustees liable nor shall the Trustees be liable to anyone for such omission.

Appears in 1 contract

Sources: Trust Agreement