Common use of Modification of Duties Clause in Contracts

Modification of Duties. Except as expressly set forth in this Agreement, expressly required by the Act or required by the Investment Advisers Act of 1940, as amended, neither the Manager nor any of the Indemnified Parties shall have any duties or liabilities, including fiduciary duties, to the Company, any Member or any other Person bound by this Agreement, and the provisions of this Agreement, to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the Manager or the Indemnified Parties otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the Manager or the Indemnified Parties. Any exculpation or indemnification standards contained herein shall not restore or create, whether in contract or otherwise, any such duties or liabilities.

Appears in 7 contracts

Sources: Limited Liability Company Agreement (EQT Private Equity Co LLC), Limited Liability Company Agreement (EQT Private Equity Co LLC), Limited Liability Company Agreement (EQT Infrastructure Co LLC)

Modification of Duties. Except as expressly set forth in this Agreement, Agreement or expressly required by the Act or required by the Investment Advisers Act of 1940, as amendedAct, neither the Manager nor any of the Indemnified Parties shall have any duties or liabilities, including fiduciary duties, to the Company, any Member or any other Person bound by this Agreement, and the provisions of this Agreement, to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the Manager or the Indemnified Parties otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the Manager or the Indemnified Parties. Any exculpation or indemnification standards contained herein shall not restore or create, whether in contract or otherwise, any such duties or liabilities.

Appears in 7 contracts

Sources: Limited Liability Company Agreement (KKR Private Equity Conglomerate LLC), Limited Liability Company Agreement (KKR Private Equity Conglomerate LLC), Limited Liability Company Agreement (KKR Private Equity Conglomerate LLC)

Modification of Duties. Except as expressly set forth in this Agreement, Agreement or expressly required by the Act or required by the Investment Advisers Act of 1940, as amendedAct, neither the Manager nor any of the Indemnified Parties shall have any duties or liabilities, including fiduciary duties, to the CompanyCompany generally, any Series, any Member or any other Person bound by this Agreement, Agreement and the provisions of this Agreement, Agreement to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the Manager or the Indemnified Parties otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the Manager or the Indemnified Parties. Any exculpation or indemnification standards contained herein shall not restore or create, whether in contract or otherwise, any such duties or liabilities.

Appears in 4 contracts

Sources: Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC), Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC), Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC)

Modification of Duties. Except as expressly set forth in this Agreement, Agreement or expressly required by the Act or required by the Investment Advisers Act of 1940, as amendedAct, neither the Manager nor any of the Indemnified Parties shall have any duties or liabilities, including fiduciary duties, to the Company, any Member or any other Person bound by this Agreement, Agreement and the provisions of this Agreement, Agreement to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the Manager or the Indemnified Parties otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the Manager or the Indemnified Parties. Any exculpation or indemnification standards contained herein shall not restore or create, whether in contract or otherwise, any such duties or liabilities.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (KKR Infrastructure Conglomerate LLC), Limited Liability Company Agreement (KKR Infrastructure Conglomerate LLC), Limited Liability Company Agreement (KKR Infrastructure Conglomerate LLC)

Modification of Duties. Except as expressly set forth in this Agreement, Agreement or expressly required by the Act or required by the Investment Advisers Act of 1940, as amendedAct, neither the Manager nor any of the Indemnified Parties shall not have any duties or liabilities, including fiduciary duties, to the Company, any Member or any other Person bound by this Agreement, Agreement and the provisions of this Agreement, to the extent that they restrict, eliminate or otherwise modify the duties and liabilities, including fiduciary duties, of the Manager or the Indemnified Parties otherwise existing at law or in equity, are agreed by the Members to replace such other duties and liabilities of the Manager or the Indemnified Parties. Any exculpation or indemnification standards contained herein shall not restore or create, whether in contract or otherwise, any such duties or liabilities.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (KKR Infrastructure Conglomerate LLC), Limited Liability Company Agreement (KKR Infrastructure Conglomerate LLC)