Common use of Express Duties Clause in Contracts

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust is a limited party to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement and no implied covenants or obligations shall be read into this Agreement against the Trust. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to a Trust under any servicing agreement that it has entered into with such Trust.

Appears in 3 contracts

Sources: Participant Agreement (Hartford Funds Exchange-Traded Trust), Participant Agreement (Lattice Strategies Trust), Participant Agreement (Hartford Funds NextShares Trust)

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust is a limited a party to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement and no implied covenants or obligations shall be read into this Agreement against the Trust. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to a Trust under any servicing agreement that it has entered into with such Trust.

Appears in 2 contracts

Sources: Participant Agreement (Natixis ETF Trust), Participant Agreement (Ivy NextShares)

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust is a limited third party beneficiary to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement Agreement, and no implied covenants or obligations shall be read into this Agreement against the Trust. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to a the Trust under any servicing agreement that it has entered into with such respect to the Trust.

Appears in 1 contract

Sources: Authorized Participant Agreement (Allspring Exchange-Traded Funds Trust)

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust is a limited a party to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement and no implied covenants or obligations shall be read into this Agreement against the Trust. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to a the Trust under any servicing agreement that it has entered into with such respect to the Trust.

Appears in 1 contract

Sources: Authorized Participant Agreement (Baron ETF Trust)