Common use of Express Exculpatory Clauses in Instruments Clause in Contracts

Express Exculpatory Clauses in Instruments. As far as practicable, the Liquidating Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Trust Agreement and to provide that none of the members of the Liquidating Trust Board, the Beneficiaries or the Liquidating Trustee shall be liable thereunder and that the other parties to such instrument shall look solely to the Assets 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 any member of the Liquidating Trust Board, any Beneficiary or the Liquidating Trustee liable nor shall the Liquidating Trustee be liable to anyone for such omission.