General Disclaimer of Liability Clause Samples

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General Disclaimer of Liability. The Manager shall not be liable to the Funds, to any Unitholder or to the Trustee for any loss, damage, cost, charge or expense (including reasonable legal costs) resulting from any act or omission in connection with its duties and obligations under this Master Trust Agreement except to the extent such loss, damage, cost charge or expense is caused by its failure to comply with its standard of care as set forth in Section 10.1.
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General Disclaimer of Liability. The Trustee shall not be liable to the Funds or to any Unitholder or annuitant for any loss or damage relating to any matter regarding the Funds, including any loss or diminution in the value of the Funds or its assets, except to the extent that such loss or damage results from a breach by the Trustee of its standard of care set out in Section 9.1. In no event shall the Trustee be liable for any consequential or special damages, including but not limited to loss of reputation, goodwill or business. Except to the extent that the Trustee has breached its standard of care as described in Section 9.1, without limitation, the Trustee, shall not be liable to any of the Funds or to any Unitholder for: (a) acting or failing to act or for acting pursuant to or in reliance on instructions of the Manager, any Investment Advisor, any Custodian (if not the Trustee), record keeper (if not the Trustee), registrar or transfer agent of the Funds (unless the same be the Trustee), or any person or organization whom it did not engage, appoint or employ and to whom its responsibilities are delegated as permitted hereunder; (b) any act or omission required or demanded by any governmental, taxing, regulatory or other competent authority in any country in which all or part of the Fund property is held or which has jurisdiction over the Trustee or the Manager; (c) the acts, omissions, receipts, neglects or defaults of any person, firm or corporation employed or engaged by it as permitted hereunder; (d) any loss, damage or expense caused to any of the Funds through the insufficiency or deficiency of any security in or upon which any of the monies of or belonging to any of the Funds shall be paid out or invested; (e) any loss or damage arising from the bankruptcy, insolvency or tortious act of any person, firm or corporation with whom or to which any monies or Fund property shall be lodged or deposited; (f) loss or damage of any nature whatsoever resulting from official action, war or threat of war, insurrection or civil disturbances, interruptions in postal, telephone, telegraph, telex or other electromechanical communication systems or power supply, the failure of any third party to fulfill its obligations under any agreement with the Fund or the Manager, or any other factor beyond the Trustee’s control which obstructs, affects, prohibits or delays the Trustee, its directors, officers, employees or agents in carrying out the responsibilities provided for herein, in whole or in par...
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General Disclaimer of Liability. (a) The Trustee shall not be liable to the Trust or to any Unitholder for any loss or damage relating to any matter regarding the Trust, including any loss or diminution in the Net Asset Value of the Trust or to any particular asset of the Trust, except to the extent that the Trustee does not meet its standard of care set out in Section 11.1 hereof. In no event shall the Trustee be liable for indirect, consequential or special damages including, but not limited to, loss of reputation, good will or business. (b) The Trustee shall not be liable to the Trust or to any Unitholder for the acts, omissions, receipts, neglects or defaults of any Person, firm or corporation employed or engaged by it as permitted hereunder, or for joining in any receipt or act of conformity, or for any loss, damage or expense caused to the Trust through the insufficiency or deficiency of any security in or upon which any of the monies of or belonging to the Trust shall be paid out or invested, or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any Person, firm or corporation with whom or which any monies or Trust Property shall be lodged or deposited, or for any loss occasioned by error in judgment or oversight on the part of the Trustee, or for any other loss, damage or misfortune which may happen in the execution by the Trustee of its duties hereunder, except to the extent that the Trustee does not meet its standard of care set out in Section 11.1 hereof. (c) For greater certainty, the Trustee shall not be liable to the Trust or to any Unitholder for the acts, omissions, receipts, neglect or default of the Bullion Custodian or the Registrar and Transfer Agent (unless the Trustee is the Registrar and Transfer Agent or the Bullion Custodian and it has breached its standard of care set out in Section 11.1 in respect thereof). (d) For greater certainty, the Trustee, in incurring any debts, liabilities or obligations, or in taking or omitting any other actions for or in connection with the affairs of the Trust is, and will be conclusively deemed to be, acting for and on behalf of the Trust, and not in its own personal capacity.
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General Disclaimer of Liability. (a) The Trustee shall not be liable to the Trust or to any Unitholder for any loss or damage relating to any matter regarding the Trust, including any loss or diminution in the Net Asset Value of the Trust or to any particular asset of the Trust, except to the extent that the Trustee does not meet its standard of care set out in Section 11.1 hereof. In no event shall the Trustee be liable for indirect, consequential or special damages including, but not limited to, loss of reputation, good will or business.
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General Disclaimer of Liability. ‌ The Manager, its Affiliates, subsidiaries and agents, and their respective directors, officers and employees, or any other person retained by the Manager to discharge any of the Manager's responsibilities shall not be liable to a Fund, to any Unitholder or any other person for any loss, damage, cost, charge, judgment or expense (including reasonable legal costs) resulting from any act or omission in connection with the discharge of its duties and obligations under this Trust Agreement except to the extent such loss, damage, cost, charge, judgment or expense is caused by its gross negligence, misfeasance, wilful default or failure to comply with its standard of care in Section 13.1 The liability of the Manager in respect of its actions as manager of a Fund (except liability for breach of Section 13.1 hereof) is limited to the realizable value of the assets of a Fund.
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General Disclaimer of Liability. This Agreement shall not in any way be construed as an admission by the Company of any unlawful or wrongful acts whatsoever toward or against Executive or any other person or entities. The Company specifically disclaims any liability to, or wrongful acts against, Executive and the Executive Releasors.
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General Disclaimer of Liability. Prior to acquiring a membership or subscription, you should consult the product information made available on services, including membership description, minimum technical requirements, and member and user reviews. Please note that this section does not exclude any guarantee, right or remedy that cannot be so excluded, restricted or modified under local consumer protection law.
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General Disclaimer of Liability. 17.1. CO shall not be liable for the functionality of delivered items and any damage, provided that they are attributable to the CL's express requests with regard to their design or manufacture.
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