All of the disclosed information would be considered public information «for all purposes» and the
shareholder would be prohibited from requesting that the company sign a confidentiality
agreement or
otherwise treat the information as private.
Under each
agreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the
agreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account
Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the
Agreement»), the Trustee is not contractually or
otherwise liable for any losses suffered by any Authorized Participant or
Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such
agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the
agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the Trustee.
In no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its
shareholders to which the Foreside would
otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this
Agreement or by reason of its reckless disregard of its obligations under this
Agreement.
(8) If a unanimous
shareholder agreement is in effect when a person who was not
otherwise a party to the
agreement acquires a share of the corporation, other than under subsection (1),